16225/1/07  REV 1   STh/ms  1 
 DG B - I   EN   
COUNCIL OF
THE EUROPEAN UNIONBrussels, 23 January  2008  
 
Interinstitutional File:  
2007/0138 (CNS)   
 
 
 
 16225 /1/07 
REV 1  
 
 
 
  AGRIOR G 126 
AGRIFIN  148 
WTO  265 
 
 
NOTE  
from:  General Secretariat  
to: Special Committee on Agriculture  
No. Cion prop.:  doc. 11361/07 - COM(2007) 372 final  
Subject  : Proposal for a  Council Regulation on the common organisation of the market in 
wine and amending certain Regulations  
 
 
With a view to the SCA's meeting on 28 January 2008, delegations  will find attached a 
consolid ated revised text  of the draft Regulation  further to the Council's political agreement  
reached on 19 December 2007 on the reform of the common organisation of the market in wine, as 
set out in document 16768/07 + COR 1 . 
 
The changes to the Commission propo sal are indicated in bold  and deletions by […]. New changes  
following the Council's political agreement are bold underlined . 
 
______________  
 
 
 
16225/1/07  REV 1   STh/ms  2 
 DG B - I   EN  ANNEX  
[...]Draft  
COUNCIL REGULATION  
on the common organisation of the market in wine  
and amending certain Regulat ions 
 
TABLE OF CONTENTS  
 
TITLE I  INTRODUCTORY PROVISIONS ......................................... ............................. ......21  
 
TITLE II  SUPPORT MEASURES ........................................................................................ .....22  
Chapter I  Support programmes ............................................................................................... ....22  
Section 1  Introductory provisions ........................................................................................... ....22 
Section 2  Support programmes ................................................................................................ ...24 
Section 3  Specific support measures ..................................................................................... ......27 
Section 4  General provisions ..................................................................................................... .35 
Chapter II  Financial transfer ..................................................................................... .................. .36 
 
TITLE III  REGULATORY MEASURES ................................................................................. ..37 
Chapter I  General rules ................................................................................ ............... ................37  
Chapter II  Oenological practices and 
restrictions ......................................... ...............................35 9 
Chapter III  Designations of origin , […] geographical indications  and traditional terms ..........39  
Chapter IIIa  Designations of origin and geographical indications  ……………………………43  
Section 1  […] Definitions ................................................................. ......... .................................44  
Section 2  Application for protection ................... ............................................ ............................45  
Section 3  Procedure conferring protection ....................................................... ..........................47  
Section 4  Specific cases................................ ............................................... ...............................50  
Section 5  Protection and control .................................................................... .............................53  
Section 6  General provisions ............... .......................................................... .............................58  
Chapter III b Traditional terms ....................................................................... ...............................59  
Chapter I V Labelling  and presen tation ......................... ........................................... ............... ....60  
Chapter V  Producer and inter -branch  [...] organisations .................................. ........... .............. .65  
 
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 DG B - I   EN  TITLE IV  TRADE WITH THIRD COUNTRIES ........................................ ...............................70  
Chapter I  Common provisions ....................................................................... .............................70  
Chapter II  Import and export licences ..................... ........................................ .............................71  
Chapter III  Safeguard measures ...................................................................... ..............................74  
Chapter IV  Rules applying to imports ............... ............................................... .............................77  
 
TITLE V  PRODUCTION POTENTIAL ....................................................... .............................79  
Chapter I  Unlawful plantings ................................. ........................................ .............................79  
Chapter II  Transitional planting right regime ................................................. .............................83  
Chapter III  Grubbing -up scheme ............................ ....................................................................... 89 
 
TITLE VI  GENERAL PROVISIONS ........................................................... ..............................95  
 
TITLE VII  AMENDMENTS, TRANSITIONAL AND FINAL PROVISIONS .............. .........101  
Chapter I  Amend ments .................................................................................................. ...........101  
Chapter II  Transitional and final  provisions ................................................. ......... .................... 107 
  
 
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 DG B - I   EN  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 o f the European Parliament,  
 
Whereas:  
 
(1) The current regime applicable to the wine sector is laid down in Council Regulation (EC) 
No 1493/1999 of 17  May 1999 on the common organisation of the market in wine1 and its 
implementing regulations . 
 
(2) Wine con sumption in the Community has been steadily diminishing and the volume of wine 
exported from the Community since 1996 has been increasing at a much slower rate than the 
respective imports. This has led to a deterioration of the balance between supply and 
demand which in turn puts producers’ prices and incomes under pressure.  
 
(3) Not all the instruments currently included in Regulation (EC) No  1493/1999 have proved 
effective in steering the sector towards a competitive and sustainable development. The 
mark et mechanism measures, such as crisis distillation, have proved cost -inefficient to the 
extent that they have encouraged structural surpluses without requiring structural 
improvements […]. Moreover, s ome of the existing regulatory measures have unduly 
constrained the activities of competitive producers.  
                                                
1 OJ L 179, 14.7.1999, p.  1. Regulation as last amended by Regulation (EC) No  1791/2006 
(OJ L 363, 20 .12.2006, p.  1).  
 
16225/1/07  REV 1   STh/ms  5 
 DG B - I   EN  (4) In other words, the current legal framework does not appear to enable to attain, in a 
sustainable manner, the objectives set out in Article  33 of the Treaty and in particular 
stabilising the wine market  and ensuring a fair standard of living for the agricultural 
community concerned.  
 
(5) In the light of the experience gained it is therefore appropriate to fundamentally change the 
Community regime applying to the wine sector with a view to achieving the f ollowing 
objectives: increasing the competitiveness of the Community’s wine producers; 
strengthening the reputation of Community quality wine as the best in the world; recovering 
old markets and winning new ones in the Community and worldwide; creating a w ine 
regime that operates through clear, simple and effective rules that balance supply and 
demand; creating a wine regime that preserves the best traditions of Community wine 
production, reinforcing the social fabric of many rural areas, and ensuring that all production 
respects the environment. It is therefore appropriate to repeal Regulation (EC) 
No 1493/1999 and to replace it by this new Regulation.  
 
(6) This Regulation has been preceded by an evaluation and consultation process to better 
identify and ta rget the needs of the wine sector. An external evaluation report was 
commissioned and published in November 2004. To give stakeholders an opportunity to 
express their opinions, the Commission organised a seminar on 16  February 2006. A 
communication from th e Commission " Towards a sustainable European wine sector " was 
published on 22  June 20062 along with an Impact Assessment listing a number of options 
for a reform of the sector.  
 
(7) From July to November 2006, discussions took place at Council level. In De cember 2006, 
the European Economic and Social Committee and the Committee of the Regions adopted 
reports on the proposed wine reform options as set out in the communication from the 
Commission. On 15  February 2007, the European Parliament adopted its own -initiative 
report on the communication outlining conclusions which have been taken into account in 
this Regulation.  
                                                
2 COM(2006)  319 final.   
 
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 DG B - I   EN  (8) Council Regulation [...] No 1234/2007 of 22 October 2007 establishing a common 
organisation of agricultural markets and on specific pro visions for certain agricultural 
products (Single CMO)3 should  eventually cover the wine sector as well. The single […] 
CMO  includes provisions of a horizontal nature, in particular on trade with third countries, 
competition rules, controls and penalties, exchange of information between the Commission 
and the Member States. To allow for easy future incorporation into the single […] CMO , 
the provisions of this Regulation dealing with the said horizontal issues should be aligned as 
much as possible on those c ontained in the single […] CMO . 
 
(9) It is important to provide for support measures which are liable to strengthen competitive 
structures. While those measures should be financed and defined by the Community it 
should be left to Member States to select th e right mix for the needs of their respective 
constituencies, taking regional particularities into account, where necessary, as well as to 
integrate them into national support programmes. Member States should be responsible for 
the implementation of such p rogrammes.  
 
(10) The financial key to allocating the funds for the national support programmes among 
Member States should be related to […]  the historical share of the wine budget as the main 
criterion, the area planted with vines and the historical produc tion. However, this key 
should be adjusted with respect to situations where using the historical share of the 
wine budget as the main criterion would lead to an undue distribution of the funds.  
 
(11) One key measure in such programmes should be the promoti on and marketing of 
Community wines in third countries […]. Restructuring and conversion activities should 
continue to be covered on account of their positive structural effects on the sector. Support 
should also be available for investments in the sector which are geared towards 
improving the economic performance of the enterprises as such. Support for by -
product distillation should be a measure available to Member States which desire to 
use such an instrument to ensure the quality of wine , while preservin g the 
environment . 
                                                
3  OJ No L 299, 16.11.2007, p. 1.   
 
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 DG B - I   EN  (11a)  Preventive instruments such as harvest insurance, mutual funds and green harvesting should 
be eligible for support under the support programmes so as to encourage a responsible 
approach to crisis situations.  
 
(11b)  Keeping some tr aditional measures for a transitional period is justified so as to 
alleviate the otherwise abrupt termination of the classical market measures so far 
financed through Community funds.  The measures concerned are support for potable 
alcohol distillation, su pport for crisis distillation and support for the use of 
concentrated grape must.  
 
(11d)  Last but not least, for various reasons Member States may prefer granting decoupled 
aid under the Single Payment Scheme to farmers.  This should therefore be open to 
Member States and because of the particularities of the Single Payment Scheme any 
such transfer should be irreversible and reduce correspondingly the budget available 
for the national support programmes in subsequent years.  
 
(12) The financing of the eligib le measures by the Community should, where practicable, be 
dependent on compliance by the producers concerned with certain environmental rules in 
force. Where non -compliance is detected it should give rise to corresponding reductions in 
payments.  
 
(13) Support to the sector should also come from structural measures under Council Regulation 
(EC) No  1698/2005 of 20  September 2005 on support for rural development by the 
European Agricultural Fund for Rural Development (EAFRD)4. 
 
(14) The following measures in pursuant to Regulation (EC) No  1698/2005 should be of interest 
for the wine sector: setting up of young farmers and investments in technical facilities and 
marketing improvements, vocational training, information and promotion support for 
producers’ organi sations after entering quality scheme, agri -environment support, early 
retirement to be granted to farmers who decide to stop all commercial farming activity 
definitively for the purpose of transferring the holding to other farmers.  
                                                
4 OJ No L 277, 21.10.2005, p.  1. Regulation as last amended by Regulation (EC) 
No 2012/2006 (OJ  L 384, 29.12.2006, p.  8).  
 
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 DG B - I   EN  (15) In order to incr ease the financial means available under Regulation (EC) No  1698/2005, a 
gradual transfer of funds to the budget under that Regulation should be put into place  where 
the relevant amounts are sufficiently important . 
 
(16) Certain regulatory measures should apply in the wine sector, in particular for reasons of 
health, quality and consumer expectations.  
 
(17) Member States producing more than 50 000 hectolitres per year should continue to be 
responsible for classifying the wine grape varieties from which win e may be made on their 
territories. Certain wine grape varieties should be excluded.  
 
(18) Certain products covered by this Regulation should be marketed in the Community in 
accordance with specific a classification of grapevine products and the correspond ing 
specifications.  
 
(19) Products covered by this Regulation should be produced in accordance with certain rules on 
oenological practices and restrictions, which guarantee that health concerns as well as 
consumer expectations as regards quality and produc tion methods are met. For reasons of 
flexibility, […] keeping those practices updated and approving new ones should be taken 
care of at the level of implementing rules  except in the politically sensitive areas of 
enrichment and acidification, for which the  Council should remain competent as regards 
changes.  
 
(20) Increasing the alcohol content of wine should be subject to certain limits and should, where 
applied, be carried out by adding concentrated grape must  […] or rectified concentrated 
grape must to wi ne or sucrose where this has been presently permitted . […] The 
respective permitted enrichment increments should be rendered more stringent than 
has been the case heretofore.  
 
(21) In view of the poor quality of wine obtained from over -pressing, this pract ice should be 
prohibited.   
 
16225/1/07  REV 1   STh/ms  9 
 DG B - I   EN  (22) In order to meet the international standards in this field, the Commission should generally 
base itself on the oenological practices […] recommended by the International 
Organisation of Vine and Wine (OIV). These standards s hould also apply to Community 
wines to be exported regardless of more restrictive rules which may be applicable in the 
Community so as to not hamper Community producers in foreign markets.  
 
(23) Coupage of a wine originating in a third country with a Commu nity wine and coupage 
between wines originating in third countries should continue to be prohibited in the 
Community. By the same token, certain types of grape must, grape juice and fresh grapes 
originating in third countries should not be turned into wine  or added to wine in the territory 
of the Community.  
 
(24) The concept of quality wines in the Community is based inter alia on the specific 
characteristics attributable to the wine’s geographical origin. Such wines are identified for 
consumers via protect ed designations of origin and geographical indications although the 
current system is not fully developed in this respect. In order to allow for a transparent and 
more elaborate framework underpinning the claim to quality by the products concerned, a 
regim e should be established under which applications for a designation of origin or a 
geographical indication are examined in line with the approach followed under the 
Community’s horizontal quality policy applicable to foodstuffs other than wine and spirits i n 
Council Regulation (EC) No  510/2006 of 20  March  2006 on the protection of geographical 
indications and designations of origin for agricultural products and foodstuffs5. 
 
(25) In order to preserve the particular quality characteristics of wines with a des ignation of 
origin or a geographical indication, Member States should be allowed to apply more 
stringent rules in that respect.  
 
                                                
5 OJ No L 93, 31.3.2006, p.  12. Regulation as amended by Reg ulation (EC) No  1791/2006.   
 
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 DG B - I   EN  (26) To qualify for protection in the Community, designations of origin and geographical 
indications should be recognised and registered at Community level. To ensure that the 
respective names meet the conditions laid down by this Regulation, applications should be 
examined by the national authorities of the Member State concerned, subject to compliance 
with minimum common provis ions, including a national objection procedure. The 
Commission should subsequently scrutinize these decisions to ensure that applications 
satisfy the conditions laid down by this Regulation and that the approach is uniform across 
the Member States.  
 
(27) Protection should be open to designations of origin and geographical indications of third 
countries where these are protected in their country of origin.  
 
(28) The registration procedure should enable any natural or legal person having a legitimate 
interest  in a Member State or a third country to exercise their rights by notifying their 
objections.  
 
(29) Registered designations of origin and geographical indications should enjoy protection 
against uses which unduly take advantage of the reputation that compl iant products 
command. So as to promote fair competition and not to mislead consumers, this protection 
should also affect products and services not covered by this Regulation, including those not 
found in Annex  I to the Treaty.  
 
(30) Procedures should be provided for permitting amendment of product specifications after 
protection, and cancellation of the designation of origin or geographical indication, in 
particular if compliance with the corresponding product specification is no longer ensured.  
  
 
16225/1/07  REV 1   STh/ms  11 
 DG B - I   EN  (31) The designations of origin and geographical indications protected on Community territory 
should be subject to controls, where possible in consistence with Regulation (EC) 
No 882/2004 of the European Parliament and of the Council of 29  April  2004 on official 
controls performed to ensure the verification of compliance with feed and food law, animal 
health and animal welfare rules6, including a system of checks to ensure compliance with 
the product specifications of the wines concerned.  
 
(32) Member States shoul d be authorised to charge a fee to cover the costs incurred.  
 
(33) Existing designations of origin and geographical indications in the Community should for 
reasons of legal certainty be exempt from the application of the new examination procedure. 
The Memb er States concerned should, however, provide the Commission with the basic 
information and acts under which they have been recognised at national level failing which 
they should lose their protection as designations of origin or geographical indications. T he 
scope for cancellation of existing designations of origin and geographical indications should 
be limited for reasons of legal certainty.  
 
(33a)  Quality policy is regulated at national level in certain Member States according to 
national provisions and p ractices. Such provisions and practices may continue.  
 
(34) […]Certain terms are traditionally used in the Community and convey information to 
consumers about partic ularities and quality of wines complementing  the information 
conveyed by designations of or igin and geographical indications. So as to ensure the 
working of the internal market, fair competition as well as to avoid that consumers are 
misled those traditional terms should be eligible for protection in the Community.  
 
(35) The description, designa tion and presentation of products covered by this Regulation can 
have significant effects on their marketability. Differences between the laws of the Member 
States on the labelling of wine products may impede the smooth functioning of the internal 
market.  
 
                                                
6 OJ L 165, 30.4.2004, p.  1; corrected version (OJ  L 191, 28.5.2004, p.  1). Regulation as last 
amended by Regulation (EC) No  1791/2006.   
 
16225/1/07  REV 1   STh/ms  12 
 DG B - I   EN  (36) Rules should therefore be laid down which take into account the legitimate interests of 
consumers and producers. For this reason, Community rules concerning labelling are 
appropriate.  
 
(37) These rules should provide for the obligatory use of certai n terms so as to identify the 
product in accordance with the sales categories and provide consumers with certain 
important items of information. The use of certain other optional pieces of information 
should also be addressed in the Community framework.  
 
(38) Save as otherwise provided, labelling rules in the wine sector should be complementary to 
those laid down in Directive (EC) No 2000/13/EC of the European Parliament and of the 
Council of 20 March 2000 on the approximation of the laws of the Member Stat es relating 
to the labelling, presentation and advertising of foodstuffs .7, which apply horizontally. 
Experience has shown that a differentiation in terms of labelling rules according to the 
category of wine product is not expedient. The rules should apply  to all the different 
categories of wine, including imported products. In particular, they should allow the 
indication of a wine grape variety and a vintage on wines without a designation of origin or 
a geographical indication, subject to requirements and exceptions concerning the veracity 
of the labelling and the respective monitoring  as well as the risk of confusion of 
consumers . 
 
(39) The existence and formation of producers’ organisations continue to have the potential to 
contribute to the attainment of  the needs of the wine sector as defined at Community level. 
Their usefulness should lie in the scope and efficiency of the services they offer to their 
members. The same holds true for inter -branch organisations. Member States should 
therefore recognise o rganisations which meet certain requirements defined at Community 
level.  
 
                                                
7 OJ L 109, 6.5.2000, p.  29. Directive as last amended by Commission Directive 2006/142/EC 
(OJ L 368, 23.12.2006, p.  110).   
 
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 DG B - I   EN  (40) In order to improve the operation of the market for wines […], Member States should be 
able to implement decisions taken by inter -branch organisations. The scope of such 
decisi ons should, however, exclude practices which could distort competition.  
 
(41) The creation of a single Community market involves the introduction of a trading system at 
the external borders of the Community. This should include import duties and should, in  
principle, stabilise the Community market. The trading system should be based on the 
Community’s international obligations, in particular those flowing from the World Trade 
Organisation (WTO) agreements.  
 
(42) Monitoring trade flows is above all a matter of management which should be addressed in a 
flexible way. Accordingly, a decision on the introduction of licence requirements should be 
taken by the Commission taking account of the need for import and export licences for 
managing the markets concerned an d, in particular, for monitoring the imports of the 
products in question. General conditions concerning such licences should, however, be laid 
down in this Regulation.  
 
(43) Where provision is made for import and export licences, the lodging of a security  should be 
required in order to guarantee that the transactions for which such licences are granted are 
carried out.  
 
(44) The import duty system makes it possible to dispense with all other protective measures at 
the external borders of the Community. The  internal market and duty mechanism could, in 
exceptional circumstances, prove to be inadequate. In such cases, in order not to leave the 
Community market without defence against disturbances that might ensue, the Community 
should be able to take all neces sary measures without delay. Such measures should comply 
with the international commitments of the Community.  
 
(45) In order to prevent or counteract adverse effects on the Community market which could 
result more particularly from imports of grape juice a nd grape must products, such imports 
should be subject to payment of an additional duty, if certain conditions are fulfilled.  
  
 
16225/1/07  REV 1   STh/ms  14 
 DG B - I   EN  (46) To ensure the proper functioning of the market in wine and, in particular, avoid market 
disturbances, the possibility of pr ohibiting the use of inward and outward processing 
arrangements should be provided for. In order for this type of market management 
instrument to be successful, it usually needs to be applied without major delays. The 
Commission should therefore be entrust ed with the relevant powers.  
 
(47) Products imported from third countries should be subject to the Community rules on product 
categories, labelling and designations of origin and geographical indications. They should be 
accompanied by an analysis report.  
 
(48) It is appropriate, under certain conditions, to confer on the Commission the power to open 
and administer tariff quotas resulting from international agreements concluded in 
accordance with the Treaty or from other acts of the Council.  
 
(49) The surpl us production of wine in the Community has been made worse as a result of 
violations of the transitional prohibition on new plantings. A significant number of unlawful 
plantings exist in the Community, which constitutes a source of unfair competition and 
exacerbates the problems of the sector.  
 
(50) As regards the unlawful areas, differentiation should be made between those planted before 
and after 1 September 1998, in so far as the producers’ obligations towards the areas are 
concerned. Unlawful areas from  before 1 September 1998 should get a last chance for 
regularisation under the conditions of Article 2(3) of Regulation (EC) No 1493/1999. 
Accordingly, the corresponding provision in this Regulation should have retroactive 
effect.  
 
(51) So far, unlawful ar eas from before 1  September  1998 are not subject to any grubbing -up 
obligation. The producers concerned should be obliged to regularise them against payment 
of a fee. If the areas concerned are not regularised by 31  December  2009, producers should 
be under  an obligation to grub up the areas concerned at their own expense. Non -compliance 
with this mandatory grubbing -up should entail penalty payments.  
  
 
16225/1/07  REV 1   STh/ms  15 
 DG B - I   EN  (52) Those areas which have been planted in violation of the relevant prohibition after 
1 September  1998 sh ould be grubbed up, this being the sanction laid down in Regulation 
(EC) No  1493/1999. Non -compliance with this mandatory grubbing -up should entail penalty 
payments.  
 
(53) Pending the implementation of the regularisation and grubbing -up measures, wine from  
areas planted in violation of the prohibition and not regularised in accordance with 
Regulation (EC) No  1493/1999, should not be put on the market other than for distillation at 
the expense of the producer concerned. The presentation of distillation contr acts by 
producers should ensure better monitoring of this rule than was the case until now.  
 
(54) While the transitional prohibition on new plantings has had some effect on the balance 
between supply and demand in the wine market, it has at the same time c reated an obstacle 
for competitive producers who wish to respond flexibly to increased demand.  
 
(55) As a market balance has not yet been found, and as the accompanying measures such as the 
grubbing -up scheme need time to take effect, it is expedient to k eep the prohibition on new 
plantings in place until 31  December  […] 2015 , at which juncture, however, it should be 
definitely lifted in order to permit competitive producers to respond freely to market 
conditions. However, Member States should be given the  possibility to extend the 
prohibition until 31 December 2018 if they consider doing so necessary.  
 
(56) The existing permission for new planting of areas intended for graft nurseries, land 
consolidation and compulsory purchase as well as wine -growing expe riments has proved not 
to unduly disturb the wine market and should therefore be continued subject to the necessary 
controls.  
 
(57) Replanting rights should continue to be awarded where producers undertake to grub up 
equivalent areas planted with vines as  the net effect of such plantings on production tends to 
be nil.  
  
 
16225/1/07  REV 1   STh/ms  16 
 DG B - I   EN  (58) Furthermore, it should be possible for Member States to authorise the transfer of replanting 
rights to another holding, subject to strict controls, provided that this transfer is in pu rsuit of 
quality, concerns the areas intended for graft nurseries or is connected with the transfer of 
part of the holding. These transfers should be maintained within the same Member State.  
 
(59) In order to improve the management of wine -growing potentia l and to promote the efficient 
use of planting rights and thus to further mitigate the effect of the transitional restriction on 
plantings, the systems of national or regional reserves should continue to exist.  
 
(60) Member States should keep broad discret ion in the management of the reserves, subject to 
the necessary controls, so as to permit them to better align the use of the rights to plant such 
reserves with local needs. This should include the opportunity to purchase planting rights, to 
fund the reser ve and to sell planting rights from the reserve. To this end, Member States 
should continue to be allowed not to apply the reserve system, provided that they can prove 
that they already have an efficient system of managing planting rights.  
 
(61) The grant of specific benefits to young wine producers may facilitate not only their 
establishment but also the structural adjustment of their holdings after their initial 
establishment, and such producers should therefore be eligible for the grant of rights from 
the reserves free of charge.  
 
(62) To ensure that resources are used in the most efficient manner and to better align supply 
with demand, planting rights should be used by their holders within a reasonable time. 
Failing that, they should be allocated or real located to the reserves. For the same reasons, 
rights in the reserves should be awarded within a reasonable time.  
 
(63) […] Member States where the planting right regime did not apply by 31 December 2007  
should […] be exempt from the transitional prohibiti on on new plantings […]. 
  
 
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 DG B - I   EN  (64) As a further accompanying measure aimed at creating a sector which is attuned to market 
conditions a grubbing -up scheme should be introduced. Where producers consider that the 
conditions in certain areas are not conducive to  viable production, they should be given the 
option of cutting their costs and permanently withdrawing these areas from wine production 
and should be enabled either to pursue alternative activities on the relevant  […] area or to 
retire from agricultural pr oduction altogether.  
 
(65) Experience has shown that to leave it to Member States to allow grubbing -up against 
payment of a premium risks rendering the measure and the attendant effects on supply 
ineffective. Therefore, in contrast to the current regime, producers should generally be 
eligible for entering the grubbing -up scheme and have the sole right to decide whether to 
apply. In return, they should be granted a premium per hectare of grubbed up vines. 
However, Member  States wher e wine production is belo w 50 000 hectolitres per year 
should not have access to the grubbing -up scheme as they do not substantially affect 
production in the Community.  
 
(66) Member States should be able to fix, on the basis of objective criteria, the specific levels of 
the grubbi ng-up premium within certain scales determined by the Commission.  
 
(67) In order to guarantee the responsible treatment of the grubbed -up areas, entitlement to the 
premium should be dependent on compliance by the producers concerned with the 
applicable env ironmental rules. Where non -compliance is detected it should give rise to a 
commensurate reduction of the grubbing -up premium.  
 
(68) To avoid environmental problems, Member States should be able to exclude grubbing -up in 
mountain and steep slope areas and in case of environmental concerns in accordance with 
specific conditions. Member States should be able to discontinue grubbing -up where the 
total grubbed -up area has reached […]8%  of their areas planted with vines  (10% at 
regional level) . 
  
 
16225/1/07  REV 1   STh/ms  18 
 DG B - I   EN  (69) Where in a  Member State the area grubbed -up would exceed 15% of its total area 
planted with vines, the possibility should exist to cap the grubbing -up at 15% in […] 
that Member State […] so as to avoid disproportionate concentration of the grubbing -
up resources at t he expense of other Member States.   In addition, the possibility should 
exist to stop grubbing -up in a given year when the area grubbed -up in that year 
reaches 6% of its total area planted with vines.  
 
(70) The agricultu ral area formerly used for vine-grow ing, once grubbed up, should qualify as an 
eligible area under the Single Payment Scheme and be granted the average regional 
decoupled direct payment which for budgetary reasons, should not exceed EUR  350/ha.  
 
(71) The proper working of the single market would be jeopardised by the unqualified  granting 
of national aids. The provisions of the Treaty governing State aids should therefore apply to 
the products covered by the common market organisation for wine. However, the provisions 
on the grubbing -up premi um and certain measures under the support programmes should not 
by themselves preclude the granting of national aid for the same purposes.  
 
(72) For a better management of wine -growing potential, it is desirable that Member States 
communicate to the Commis sion an inventory of their production potential. This 
information should be based on the […] vineyard register which should be maintained  […] 
and regularly  updated […]. Details of the register should be established by 
Commission implementing regulation. Co uncil Regulation (EEC) 2392/86 of 24 July 
1986 establishing a Community vineyard  register should therefore be repealed.  To 
encourage Member States to communicate the inventory, support for restructuring and 
conversion should be limited to those Member Stat es which have communicated the 
inventory.  
 
(73) So that the information necessary for making the relevant policy and administrative choices 
is available, producers of grapes for wine making, of must and of wine should submit 
harvest declarations. Member S tates should be able to require merchants of grapes for 
winemaking to declare each year the quantities marketed from the latest harvest. Producers 
of must and wine, and merchants other than retailers, should declare their stocks of must and 
wine.   
 
16225/1/07  REV 1   STh/ms  19 
 DG B - I   EN  (74) In order to provide for a satisfactory level of traceability of the products concerned, in 
particular in the interest of consumer protection, provision should be made for all the 
products covered by this Regulation to have an accompanying document when circul ating 
within the Community.  
 
(74a)  In order to address justified cases of crisis even after the end of the transitional crisis 
distillation support measure foreseen under  the support programmes in 2012  Member 
States should be able to provide aid for crisis  distillation within an overall budgetary 
limit of 15% of the respective value of the Member State’s relevant yearly budget for 
its national support programme.  Any such aid shall be notified to the Commission and 
approved under this Regulation before it i s granted.  
 
(75) The measures necessary for implementing of this Regulation should be adopted in 
accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the 
procedures for the exercise of implementing powers conferred on the Commission8.  
 
(76) Expenditure incurred by the Member States as a result of the obligations arising from the 
application of this Regulation should be financed by the Community in accordance with 
Council Regulation (EC) No  1290/2005 of 21  June 2005 on the financing of t he common 
agricultural policy9. 
 
(77) The Member States and the Commission should keep each other supplied with the 
information necessary for applying this Regulation.  
 
                                                
8 OJ L 184, 17.7.1999, p.  23. Decision as amended by Decision 2006/512/EC (OJ  L 200, 
22.7.2006, p.  11). 
9 OJ L 209, 11.8.2005, p.  1. Regulation as last amended by Regulation (EC) No  378/2007 
(OJ L 95, 5.4.2007, p.  1).  
 
16225/1/07  REV 1   STh/ms  20 
 DG B - I   EN  (78) To guarantee compliance with the obligations laid down by this Regulation there is a need 
for controls and the application of penalties in the event of non -compliance with such 
obligations. The power to set up the corresponding rules including those concerning the 
recovery of undue payments and the reporting obligations of the Member States, should 
therefore be conferred on the Commission.  
 
(79) Member States’ authorities should be responsible for ensuring compliance with this 
Regulation and arrangements should be made so that the Commission is able to monitor and 
ensure such complianc e.  
 
(80) To make provision for the incorporation of the wine sector into the Single Payment Scheme, 
all actively cultivated wine -growing areas should be made eligible for the Single Payment 
Scheme provided for in Council Regulation (EC) No  1782/2003 of 29  September 2003 
establishing common rules for direct support schemes under the common agricultural policy 
and establishing certain support schemes for farmers10. 
 
(81) […] Vine -growers  in Bulgaria, the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, 
Hungary, Malta, Poland, Romania, Slovenia and Slovakia should benefit from the 
introduction of the wine component in the Single Payment Scheme under the same 
conditions as […] vine-growers in the Community as constituted at 30  April 2004. 
Therefore, the wine component in the Single Payment Scheme should not be subject to the 
application of the schedule of increments provided for in Article  143a of Regulation (EC) 
No 1782/2003.  
 
(82) Council Regulation s (EC) No  2702/1999 of 14  December 1999 on measures to provi de 
information on, and to promote, agricultural products in third countries11, Council 
Regulation (EC) No  2826/2000 of 19  December 2000 on information and promotion actions 
for agricultural products on the internal market12 and Regulation (EC) No  1782/2003 s hould 
be amended accordingly.  
                                                
10 OJ L 2 70, 21.10.2003, p.  1. Regulation as last amended by Regulation (EC) No  2013/2006 
(OJ L 384, 29.12.2006, p.  13). 
11 OJ L 327, 21.12.1999, p.  7. Regulation as amended by Regulation (EC) No  2060/2004 
(OJ L 357, 2.12.2004, p.  3). 
12 OJ L 328, 23.12.2000, p.  2. Regulation as amended by Regulation (EC) No  2060/2004.   
 
16225/1/07  REV 1   STh/ms  21 
 DG B - I   EN  (83) The change from the arrangements in Regulation (EC) No  1493/1999 and the other 
Regulations in the wine sector to those in this Regulation could give rise to difficulties 
which are not dealt with in this Regulation. In or der to deal with that eventuality, provision 
should be made for the Commission to adopt the necessary transitional measures. The 
Commission should also be authorised to sol ve specific practical problems,  
 
HAS ADOPTED THIS REGULATION:  
 
TITLE I  
INTRODUCTORY PROVISIONS  
 
Article 1  
Subject matter and scope  
 
1. This Regulation lays down specific rules applying to the production and marketing of the 
[…] products  referred to in part XII of Annex I of Regulation (EC) No 1234/2007  […].  
 
2. Concerning the products ref erred to in paragraph  1, this Regulation provides for:  
(a) support measures,  
(b) regulatory measures,  
(c) rules on trade with third countries,  
(d) rules governing production potential.  
 
Article 2  
Definitions  
 
For the purposes of this Regulation, the defini tions laid down in Annex  I shall apply.  
  
 
16225/1/07  REV 1   STh/ms  22 
 DG B - I   EN  TITLE II  
SUPPORT MEASURES  
 
Chapter I  
Support programmes  
 
SECTION 1  
INTRODUCTORY PROVISIONS  
 
Article 3  
Scope  
 
This Chapter lays down the rules governing the attribution of Community funds to Member States 
and the us e of those funds by Member States through national s upport programmes (hereinafter 
"support programmes ") to finance specific support measures to assist the wine sector.  
 
Article 4  
Compatibility and consistency  
 
1. Support programmes shall […] be compatible  with Community law and […] consistent 
with the activities, policies and priorities of the Community.  
 
2. Member States shall be responsible for the support programmes and ensure that they are 
internally consistent and  drawn up and implemented in an object ive 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 pena lties in case of non -compliance with the support programmes.   
 
16225/1/07  REV 1   STh/ms  23 
 DG B - I   EN  3. No support shall be granted:  
(a) for research projects and measures to support research projects;  
(b) for measures […] which […] receive Community support under  Regulation (EC) 
No 1698/2005.  
 
Article 4a  
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 p oint O of Annex VII of that Regulation.  
 
2. Member States, which intend to make use of the possibility referred to in paragraph 1, 
shall foresee such support in their support programmes including, as regards 
subsequent transfers of funds to the Single Pay ment Scheme, by way of changes to 
those programmes in accordance with Article 5(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 5( 3), for the measures listed in Articles 9 to 13e of this 
Regulation in subsequent years of the operation of the support programmes;  
(b) commensurately reduce the amount of funds available for measures listed in 
Articles 9 to 13e of this Regulation in the s upport programmes.  
  
 
16225/1/07  REV 1   STh/ms  24 
 DG B - I   EN  SECTION 2  
SUPPORT PROGRAMMES  
 
Article 5  
Submission of support programmes  
 
1. Each producer Member State referred to in Annex II shall, for the first time by 30  [...] June  
2008, submit to the Commission a draft five -year support program me containing measures 
in accordance with this Chapter.  
 
The support measures 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 cons ultation with the competent authorities and organisations at the 
appropriate territorial level.  
 
Each Member State shall submit one single draft programme which may accommodate 
regional particularities.  
 
2. Support programmes shall become applicable three months after thei r submission to the 
Commission.  
 
However, if the submitted programme does not comply with the conditions laid down in this 
Chapter, the Commission shall inform the Member State thereof. In such case, the Member 
State shall submit a revised  programme to the Commission. The revised programme shall 
become applicable two months after its notification unless an incompatibility persists in 
which case this subparagraph shall apply.  
 
3. Paragraph 2 shall apply mutatis mutandis to changes in respect  of support programmes 
submitted by Member States.   
 
16225/1/07  REV 1   STh/ms  25 
 DG B - I   EN  Article 6  
Content of support programmes  
 
Support programmes shall consist of the following elements:  
(a) a detailed description of the measures proposed as well as their quantified objectives;  
(b) the res ults 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 indi cative 
allocation of the resources between the measures in accordance with ceilings provided for in 
Annex II;  
[…] 
(f) the criteria and quantitative indicators to be used for monitoring and evaluation as well as 
the steps taken to ensure that the programmes  are implemented appropriately and 
effectively;  
[…] 
(g) the designation of competent authorities and bodies responsible for implementing the 
programme.  
 
Article 7  
Eligible measures  
 
1. Support programmes shall contain […] one or more  of the following measu res: 
(x) Single Payment Scheme support in accordance with Article 4a;  
(o) promotion in accordance with Article 9;  
(a) restructuring and conversion of vineyards in accordance with Article  10; 
(b) green harvesting in accordance with Article  11; 
(c) mutual fu nds in accordance with Article  12; 
(d) harvest insurance in accordance with Article  13;  
 
16225/1/07  REV 1   STh/ms  26 
 DG B - I   EN  (e) investments in accordance with Article  13a; 
(f) by-product distillation in accordance with Article 13b;  
(g) potable alcohol distillation in accordance with Article  13c;  
(h) crisis distillation in accordance with Article 13d;  
(i) use of concentrated grape must in accordance with Article 13e.  
 
2. Support programmes shall not contain other measures than the ones listed in Articles 
4a, and 9 to 13 e. 
 
Article 8  
General r ules concerning support programmes  
 
1. The allocation of the available Community funds as well as the budgetary limits are 
provided in Annex  II. 
 
2. Community support shall only relate to eligible expenditure incurred after the submission of 
the relevant s upport programme as referred to in Article  5(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  9, […]13 and 13a . 
 
The maximum aid rate as laid down in the relevant Community rules on State aids shall 
apply to the global public […]financing including bo th Community and national funds.  
  
 
16225/1/07  REV 1   STh/ms  27 
 DG B - I   EN  SECTION 3  
SPECIFIC SUPPORT MEASURES  
 
Article 9  
Promotion on third -country markets  
 
1. Support under this Article shall cover information or promotion measures concerning 
Community wines in third countries, thereby improvi ng their competitiveness in those 
countries.  
 
2. The measures referred to in paragraph 1 shall relate to wines with a protected designation of 
origin or geographical indication or wines with an indication of the wine grape variety.  
 
3. The measures referre d to in paragraph 1 may only consist of:  
(a) public relations, promotional or publicity measures, in particular highlighting the 
advantages of the Community products, especially in terms of quality, food safety or 
environmental friendliness;  
(b) particip ation at events, fairs or exhibitions of international importance;  
(c) information campaigns, in particular on the Community systems covering 
designations of origin, geographical indications and organic production;  
(d) studies of new markets, necessary f or the expansion of market outlets;  
(e) studies to evaluate the results of the promotional and information measures.  
 
4. The Community contribution to promotion activities shall not exceed 50% of the eligible 
expenditure.  
 
[…] 
  
 
16225/1/07  REV 1   STh/ms  28 
 DG B - I   EN  Article 10  
Restructuring an d conversion of vineyards  
 
1. The objective of measures relating to the restructuring and conversion of vineyards shall be 
to increase the competitiveness of wine producers.  
 
2. Restructuring and conversion of vineyards shall be supported in accordance wit h this Article 
only if Member States submit the inventory of their production potential in accordance with 
Article  100. 
 
3. Support for restructuring and conversion of vineyards may only  cover one or more of the 
following activities:  
(a) varietal conversio n, including by means of grafting -on; 
(b) relocation of vineyards;  
(c) improvements to vineyard management techniques.  
 
The normal renewal of vineyards which have come to the end of their natural life shall not 
be supported.  
 
4. Support for restructuring a nd conversion of vineyards […] may only  take the following 
forms:  
(a) compensation of producers for the loss of revenue due to the implementation of the 
measure;  
(b) contribution to the costs of restructuring and conversion.  
 
5. Compensation of producers f or the loss of revenue as referred to in paragraph  4a may cover 
up to 100% of the relevant loss and take either of the following forms:  
(a) notwithstanding the provisions of Chapter  II of Title  V, the permission for the 
co-existence of both old and new vin es for a fixed period which shall not exceed 
three years, until the end of the transitional regime concerning planting rights, that is 
31 December  […]2015 , at the latest;  
(b) financial compensation.   
 
16225/1/07  REV 1   STh/ms  29 
 DG B - I   EN  6. The Community contribution to the actual costs of res tructuring and conversion of vineyards 
shall not exceed 50%. In regions classified as convergence regions in accordance with 
Regulation (EC) No  1083/2006, the Community contribution to the costs of restructuring 
and conversion shall not exceed 75%.  
 
Articl e 11 
Green harvesting  
 
1. For the purposes of this Article, green harvesting means the total destruction or removal of 
grape bunches while still in their immature stage, thereby reducing the yield of the relevant 
[…] area to zero.  
 
2. Support for green har vesting shall contribute to restoring the balance of supply and demand 
in the market in wine in the Community in order to prevent market crises.  
 
3. Support for green harvesting may be granted as compensation in the form of a flat rate 
payment per hectare to be determined by the Member State concerned.  
 
The payment shall not exceed 50% of the sum of the direct costs of the destruction or 
removal of grape bunches and the loss of revenue related to the destruction or removal of 
grape bunches.  
 
4. Member State s concerned shall establish a system based on objective criteria to ensure that 
the green harvesting measure does not lead to compensation of individual wine producers in 
excess of the ceilings referred to in the second subparagraph of paragraph  3. 
  
 
16225/1/07  REV 1   STh/ms  30 
 DG B - I   EN  Artic le 12  
Mutual funds  
 
1. Support for the setting -up of mutual funds shall provide assistance to producers seeking to 
insure themselves against market fluctuations.  
 
2. Support for the setting -up of mutual funds may be granted in the form of temporary and 
degressive aid to cover the administrative costs of the funds.  
 
Article 13  
Harvest insurance  
 
1. Support for harvest insurance shall contribute to safeguarding producers’ incomes where 
these are affected by natural disasters, adverse  climatic events, diseas es or pest infestations.  
 
2. Support for harvest insurance may be granted in the form of a financial Community 
contribution which must not exceed:  
(a) 80% of the cost of the insurance premiums paid for by producers for insurance 
against losses as a result of adverse  climatic events which can be assimilated to 
natural disasters;  
(b) 50% of the cost of the insurance premiums paid for by producers for insurance 
against:  
- losses referred to in point (a) and against other losses caused by adverse 
climatic even ts; 
- losses caused by animals  […], plant diseases or pest infestations.  
 
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 
accou nt any compensation the producers obtain from other support schemes related to the 
insured risk.  
 
4. Support for harvest insurance shall not distort competition in the insurance market.   
 
16225/1/07  REV 1   STh/ms  31 
 DG B - I   EN  Article 13a  
Investments  
 
1. Support may be granted for tangible or in tangible investments which improve the 
overall performance of the enterprise and concern one or more of the following:  
(a) the production or marketing of products referred to in Annex IV of this 
Regulation;  
(b) the development of new products, processes an d technologies related to the 
products referred to in Annex IV of this Regulation.  
 
2. Support under paragraph 1 at its maximum rate shall be limited to micro, small and 
medium - sized enterprises within the meaning of Commission Recommendation 
2003/361/EC.  For the territories of the Azores, Madeira, the Canary Islands, the 
smaller Aegean Islands within the meaning of Regulation (EEC) No 2019/93 and the 
French overseas departments, no size limits apply for the maximum rate. For 
enterprises that are not cover ed by Article 2(1) of that recommendation with less than 
750 employees or with a turn over of less than EUR 200 million the maximum aid 
intensity is halved.  
 
Support shall not be granted to enterprises in difficulty within the meaning of the 
Community gui delines 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) to (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 (EEC) No 
2019/93.   
 
16225/1/07  REV 1   STh/ms  32 
 DG B - I   EN  5. Article 72 of Regulation (EC) No 1698/2005 shall apply mutatis mutandis  to support 
referred to in paragraph 1.  
 
Article 13b  
By-product distillation  
 
1. Support may be granted for the distillation of by -products of wine -making which has 
been carried out in accordance with the conditions laid down in Annex VI.D.  
 
 The amount of aid shall be fixed per % volume and per he ctolitre of alcohol for the by -
product concerned. No aid shall be paid for alcohol distilled above a limit of 10% vol. 
alcohol of the wine produced.   
 
2. The maximum applicable aid levels shall be fixed in accordance with the procedure 
referred to in Artic le 104(1).  
 
3. The alcohol resulting from the supported distillation referred to in paragraph 1 shall 
be used exclusively for industrial or energy purposes.  
 
Article 13c  
Potable alcohol distillation  
 
1. Support may be granted until 31 July 2012 to vine gro wers for wine which is distilled 
into potable alcohol in the form of a per -hectare aid.  
 
2. The relevant contracts concerning the distillation of wine as well as the relevant proofs 
of delivery for distillation shall be submitted before support is granted.  
  
 
16225/1/07  REV 1   STh/ms  33 
 DG B - I   EN  Article 13d  
Crisis distillation  
 
1. Support may be granted until 31 July 2012 for the voluntary or obligatory crisis 
distillation of surplus wine so as to reduce or eliminate the surplus and at the same 
time ensure supply continuity from one harvest to the next.  
 
2. The maximum applicable aid levels shall be fixed in accordance with the procedure 
referred to in Article 104(1).  
 
3. The alcohol resulting from the supported distillation referred to in paragraph 1 shall 
be used exclusively for industrial or energy purposes.  
 
4. The share of the available budget used for the crisis distillation measure shall not 
exceed the following percentage shares as calculated against the globally available 
funds laid down in Annex II per Member State in the respective bud get 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 limits foreseen in paragraph 4 by way of contributing national funds in 
accordance with t he 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 Commissio n 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.  
  
 
16225/1/07  REV 1   STh/ms  34 
 DG B - I   EN  Article 13e  
Use of concentrated grape must  
 
1. Support may be granted until 31 July 2012 to wine producers who use concentrated 
grape must including rectified concentrated grape must to increase the natural 
alcoholic strength of products in accordance with the conditions laid down in Annex V.  
 
2. The amount of the aid shall be fixed per % volume potential alcoholic strength and per 
hectolitre of the must used for enrichment.   
 
3. The maximum applicable aid levels for this measure in the different wine growing 
zones shall be fixed in accordance with the procedure referred to in Article 104(1).  
 
Article 14  
Cross -compliance  
 
Where farmers are found to not have complied on their holding, at any time during [...] three  years 
from payment under the support programmes for restructuring and conversion or at any time during 
one year from payment under the support programmes for green harvesting, with the statutory 
management requirements and the good agricultural and environmental condition referred to in 
Articles 3 to 7 of Regulation (EC) No  1782/2003, the amount of the payment shall, where non -
compliance is the result of an action or omission directly imputable to the farmer, be reduced or 
cancelled, partially or wholly depending on the severity, extent, permanence and repetition of the 
non-compliance, and the farmer shall, where applicable, be ordered to reimburse it in accordance 
with the conditions set out in the said provisions.  
 
[…] 
  
 
16225/1/07  REV 1   STh/ms  35 
 DG B - I   EN  SECTION 4  
GENERAL PROVISIONS  
 
Article 15  
Reporting and evaluation  
 
1. Each year and for the first time by 1 March 2010 , Member States shall submit to the 
Commission not l ater than 1  March a report on the implementation of the measures provided 
for in their support programmes during the previous financial  year.  
 
Those reports shall list and describe the measures for which Community assistance under the 
support programmes wa s granted and shall in particular provide details on the 
implementation of the promotion measure referred to in Article 9.  
 
2. Member States shall submit to the Commission not later than 1  March 2011 and, a second 
time, not later than 1 March 2014 an evalu ation of the costs and benefits of the support 
programmes as well as an indication of how to increase their efficiency.  
 
The Commission shall, by 31 December 2011 at the latest, submit a report to the European 
Parliament and the Council on the implementati on of the promotion measure referred to in 
Article 9.  
 
Article 16  
Implementing rules  
 
Detailed rules for the implementation of this Chapter shall be adopted in accordance with the 
procedure referred to in Article  104(1). 
 
Those rules may in particular incl ude: 
(a) the format of presentation of the support programmes;  
(b) rules concerning changes to support programmes after they have become applicable;   
 
16225/1/07  REV 1   STh/ms  36 
 DG B - I   EN  (c) detailed rules for the implementation of the measures provided for in Articles  9 to 13e; 
(d) the condi tions under which assistance through Community funds is to be communicated and 
publicised;  
(e) details on reporting.  
 
Chapter II  
Financial transfer  
 
Article 17  
Financial transfer to rural development  
 
1. As from the budget year 2009, the amounts fixed in p aragraph 2, based on historical 
expenditure under Regulation (EC) No  1493/1999 for intervention to regulate agricultural 
markets as referred to in Article  3(1)(b) of Regulation (EC) No  1290/2005, shall be 
available as additional Community funds for measure s in wine -producing regions under the 
rural development programming financed under Regulation (EC) No  1698/2005.  
 
2. The following amounts shall be available in the given calendar years:  
- 2009: EUR […] 40 ,5 million,  
- 2010: EUR […] 80 ,9 million,  
- From 2011 onwards : EUR […]121 ,4 million . 
[…] 
 
3. The amounts set in paragraph 2 shall be allocated among Member States in accordance with 
Annex III.   
 
16225/1/07  REV 1   STh/ms  37 
 DG B - I   EN  TITLE III  
REGULATORY MEASURES  
 
Chapter I  
General rules  
 
Article 18  
Classification of wine grape varieties  
 
1. Subject to paragraph 2, Member States shall classify which wine grape varieties may be 
planted, replanted or grafted on their territories  for the purpose of wine production . 
 
[...] Only the wine grape varieties meeting the following conditions may be classif ied by 
Member States:  
(a) the variety concerned belongs  to the Vitis vinifera  or come s from a cross between 
the [...]  species Vitis vinifera and other species of the genus Vitis; 
(b) the variety […] is not  one of the following […]: Noah, Othello, Isabelle,  Jacquez, 
Clinton and Herbemont . 
 
 Where a wine grape variety is deleted from the classification referred to the first 
subparagraph, grubbing -up of this variety shall take place within 15 years of its 
deletion.  
 
2. [...]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 obligation referred to in paragraph 1.  
 
 However, also in the Member States ref erred to in the first subparagraph only wine 
grape varieties according with points (a) and (b) of paragraph 1 may be planted, 
replanted or grafted for the purpose of wine production.   
 
16225/1/07  REV 1   STh/ms  38 
 DG B - I   EN  3. By way of derogation from the first and second subparagraphs of parag raph 1 and the 
second subparagraph of paragraph 2, t he planting, replanting or grafting of the following 
[...] wine grape varieties shall [...] be allowed for scientific research and experimental 
purposes : 
(a) wine grape varieties which are not classified as far as Member States referred to 
in paragraph 1 are concerned;  
(b) wine grape varieties which do not accord with points (a) and (b) of paragraph 1 
as far as Member States referred to in paragraph 2 are concerned . 
 
4. [...] Areas planted with [...] wine grape varieties for the purpose of  wine production  
planted in contravention of paragraphs 1 to 3 shall be grubbed up . 
 
However, there shall be no obligation to grub up such [...] areas where the relevant 
production is  intended exclusively for [...] consump tion by the wine producer’s family.  
 
5. Member States shall take the necessary measures to check compliance by producers with 
paragraphs  [...] 1 to  4. 
[...] 
 
Article 19  
Production and marketing  
 
1. Products listed in Annex IV and produced in the Community shall be made from wine 
[...]grape  varieties [...]classifiable according to  Article  18(1).  
 
2. A designation for a category of a grapevine product as provided for in Annex IV may only 
be used in the Community for the marketing of a product which conforms to the 
corresponding conditions laid down in that Annex.   
 
16225/1/07  REV 1   STh/ms  39 
 DG B - I   EN   However, Article 49(1)(a) notwithstanding, Member States may allow the use of the 
term "wine" if: 
(a) it is accompanied by the name of a fruit in the form of a composite name to 
market products ob tained by the fermentation of fruit other than grapes  or 
(b) it is part of a composite name.  
Any confusion with products corresponding to the wine -categories in Annex IV shall 
be avoided.  
 
3. […] C ategories of grapevine products […] listed in Annex IV may be modified  in 
accordance with the procedure referred to in Article 104 (2). 
 
4. Except for bottled wine in respect of which there is evidence that bottling was performed 
prior to 1  September 1971, wine produced from wine grape varieties listed in the 
class ifications drawn up in accordance with the first subparagraph of Article  18(1) but not 
conforming to one of the categories laid down in Annex IV shall be used only for 
consumption by individual wine producers’ families, for the production of wine vinegar o r 
for distillation.  
 
Chapter II  
Oenological practices and restrictions  
 
Article 20  
Scope  
 
This Chapter […] concerns  the authorised oenological practices and the applicable restrictions 
applying to the production and commercialisation of products covered b y this Regulation  as 
well as the procedure […] for deciding  on those practices and restrictions  […]. 
  
 
16225/1/07  REV 1   STh/ms  40 
 DG B - I   EN  Article 21  
Oenological practices and restrictions  
 
1. Only oenological practices authorised under Community law as laid down in Annex V or 
decided upon i n accordance with Articles 22 and 23 shall be used in the production and 
conservation in the Community of products covered by this Regulation.  
 
The first subparagraph shall not apply to:  
(a) grape juice and concentrated grape juice;  
(b) grape must and conc entrated grape must intended for the preparation of grape juice.  
 
2. Authorised oenological practices shall only be used for the purposes of ensuring proper 
vinification, proper preservation or proper refinement of the product.  
 
3. Products covered by th is Regulation shall be produced in the Community in accordance with 
the relevant restrictions laid down in Annex VI.  
 
4. Products covered by this Regulation, which have undergone unauthorised Community or, 
where applicable, unauthorised national oenologic al practices or which contravene the 
restrictions laid down in Annex VI, shall not be marketed in the Community.  
[...] 
Article 22  
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 protected geographi cal 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.  
  
 
16225/1/07  REV 1   STh/ms  41 
 DG B - I   EN  Article 23  
Authorisation  of oenological practices and restrictions  
 
1. Except for the oenological practices concerning enrichment, acidification and 
de-acidification […] l aid down  in Annex V for the specific products covered therein […] 
as well as  the restrictions listed in Annex  VI, the authorisation of oenological practices and 
restrictions as regards the production and conservation of products covered by this 
Regulation shall be decided in accordance with the procedure referred to in Article  [...] 
104(2). 
 
2. Member States may allow the experimental use of unauthorised oenological practices under 
conditions to be determined in accordance with the procedure referred to in Article  [...] 
104(2). 
 
Article 24  
Authorisation criteria  
 
When authorising oenological practices in accordanc e with the procedure referred to in Article  [...] 
104(2), the Commission shall:  
(a) base itself on the oenological practises [...] recommended  and published  by the OIV as 
well as on the results of experimental use of as of yet unauthorised oenological prac tices;  
(b) take into account the protection of human health;  
(c) take into account possible risks of consumers being misled due to their established 
expectations and perceptions, having regard to the availability and feasibility of 
informational means to e xclude 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 
respectively in Annexes  […] V and […] VI. 
  
 
16225/1/07  REV 1   STh/ms  42 
 DG B - I   EN  Article 25  
Methods of analysis  
 
The methods of analysis for determining the composition of the products covered by this Regulation 
and the rules whereby it may be established whether these products have undergone processes 
contrary to the authorised oenological practices shall be those [...] recommended  and published by 
the OIV.  
 
Where there are no methods and rules [...] recommended  and published  by the OIV  […] such 
methods and rules  shall be adopted in accordance with the procedure referred to in Article  [...] 
104(2). 
 
Pending the adoption of such rules, such methods and rules to be used shall be the ones 
allowed by the Member State c oncerned.  
 
Article 26  
Implementing rules  
 
Detailed rules for the implementation of this Chapter and Annexes  […] V and […] VI, save as 
otherwise provided in these Annexes,  shall be adopted in accordance with the procedure referred 
to in Article  [...]104 (2). 
 
Those rules may in particular include:  
(a) provisions to the effect that the Community oenological practices listed in Annex  IV of 
Regulation (EC) No 1493/1999 are considered authorised oenological practices;  
(b) authorised oenological practices and rest rictions  including enrichment, acidification and 
de-acidification  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 VI, provisions regulating the blending and coupage of musts 
and wines;   
 
16225/1/07  REV 1   STh/ms  43 
 DG B - I   EN  (e) where Community rules on that matter do not exist, the purity and identification 
specification of substances used in oenological practices;  
(f) administrative rules fo r carrying out the oenological practices authorised;  
(g) the conditions governing the holding, circulation and the use of products not complying with 
Article  21 and possible exemptions from the requirements of that Article, as well as the 
establishment of criteria for the purpose of avoiding hardship in individual cases;  
(h) the conditions under which Member States may authorise the holding, circulation and use of 
products not complying with this Chapter other than Article  21, or with provisions 
implementin g this Chapter.  
 
Chapter III  
Designations of origin , […]geographical indications   
and traditional terms  
 
Article 26a  
Scope  
 
1. Rules relating to designations of origin, geographical indications and traditional terms 
laid down in Chapters IIIa and IIIb shal l apply to the products referred to in points 1, 
3 to 5bis, 7, 8, 10, 14 and 15 of Annex IV.  
 
2. The rules referred to in paragraph 1 are based on:  
(a) the protection of legitimate interests of:  
(i) consumers, and  
(ii) producers.  
(b) ensuring the smooth op eration of the common market in the products 
concerned;  
(c) promoting the production of quality products.  
  
 
16225/1/07  REV 1   STh/ms  44 
 DG B - I   EN  Chapter IIIa  
Designations of origin and geographical indications  
 
 
SECTION 1  
[…] DEFINITIONS  
 
Article 27  
Designations of origin and geographical ind ications  
 
1. For the purposes of this Regulation, the following definitions shall apply:  
(a) "designation of origin " means the name of a region, a specific place or, in 
exceptional cases, a country used to describe  a product  referred t o in […] Article 
26a(1) that complies with the following requirements:  
(i) its quality and characteristics are essentially or exclusively due to a particular 
geographical environment with its inherent natural and human factors;  
(ii) the grapes from which it is produced come ex clusively from this geographical 
area;  
(iii) its production takes place in this geographical area;  
(iv) it is obtained from vine varieties belonging to Vitis vinifera.  
 
(b) "geographical indication " means an indication referring to a region, a specific pla ce 
or, in exceptional cases, a country, used to describe  a product referred to in 
[…]Article 26a(1) which complies with the following requirements:  
(i) it possesses a specific  quality, reputation or other  characteristics […] 
attributable to […] that geogra phical 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;  
(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.  
  
 
16225/1/07  REV 1   STh/ms  45 
 DG B - I   EN  2. [...]Certain traditionally used  names  shall [...]constitute [...]  a designation of origin where 
they:  
(a) designate a wine;  
(b) refer to a geographical name;  
(c) fulfil the cond itions referred to in points (i) to […] (iv) of paragraph  1(a); 
(d) undergo the procedure conferring protection on designations of origin and 
geographical indications laid down in this Chapter . 
 
3. Designations of origin and geographical indications, inclu ding those relating to geographical 
areas in third countries, shall be eligible for protection in the Community in accordance with 
the rules laid down in this Chapter.  
 
SECTION 2  
APPLICATION FOR PROTECTION  
 
Article 28  
Content of applications for protection  
 
1. Applications for protection of names as designations of origin or geographical indications 
shall include a technical file containing:  
(a) the name to be protected;  
(b) the name and address of the applicant;  
(c) a product specification as referred to i n paragraph  2; 
(d) a single document summarising the product specification 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 geographica l indication.  
  
 
16225/1/07  REV 1   STh/ms  46 
 DG B - I   EN  It shall at least  consist of:  
(a) the name to be protected;  
(b) a description of the wine (s): 
(i) […]for wines with a designation of origin,  its principal analytical and 
organoleptic characteristics ; 
(ii) for wines with a geographical indic ation, its principal analytical 
characteristics as well as an evaluation or indication of its organoleptic 
characteristics  […] ;  
(c) where applicable, the specific oenological practices used to make the wine (s) as well 
as the relevant restrictions on makin g 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 Articl e 27(1)(a)(i) or, as the case may 
be, in Article 27(1)(b)(i)  […] ; 
(h) applicable requirements laid down […] in Community […] or national provisions  
or, where […] foreseen by Member States, by an  organisation  which manages 
the protected designation of origi n or geographical indication  […] , having 
regard to the fact that such requirements shall […] be objective and non -
discriminatory and  compatible with Community law  […]; 
(i) the name and address of the authorities or bodies verifying compliance with the 
provisions of the product specification and their specific tasks.  
 
Article 29  
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 
conta in in addition to the elements provided for in Article  28 proof that the name in question 
is protected in its country of origin.  
  
 
16225/1/07  REV 1   STh/ms  47 
 DG B - I   EN  2. The application shall be sent to the Commission, either directly from the applicant or via the 
authorities of the third co untry concerned.  
 
3. The application for protection shall be filed in one of the official languages of the 
Community or accompanied by a certified translation into one of those languages.  
 
Article 30  
Applicants  
 
1. Any interested group of producers, or in exceptional cases a single producer, may apply for 
the protection of a designation of origin or geographical indication. Other interested parties 
may participate in the application.  
 
2. Producers may lodge an application for protection only for wines which  they produce.  
 
3. In the case of a name designating a trans -border geographical area or a traditional name 
connected to a trans -border geographical area, a joint application may be lodged.  
 
SECTION 3  
PROCEDURE CONFERRING PROTECTION  
 
Article 31  
Preliminary  national procedure  
 
1. Applications for protection of a designation of origin or a geographical indication of wines 
in accordance with Article  27 originating in the Community shall be subject to a preliminary 
national procedure in accordance with this Art icle. 
 
2. The application for protection shall be filed with the Member State in which territory the 
designation of origin or geographical indication originates.  
  
 
16225/1/07  REV 1   STh/ms  48 
 DG B - I   EN  3. The Member State shall examine the application for protection as to whether it meets the  
conditions set out in this Chapter.  
 
 The Member State shall carry out a national procedure ensuring adequate publication of the 
application and providing for a period of at least two months from the date of publication 
within which any natural or legal p erson having a legitimate interest and established or 
resident on its territory may object to the proposed protection by lodging a duly 
substantiated statement with the Member State.  
 
4. If the Member State considers that the designation of origin or geogr aphical indication does 
not meet the relevant requirements, including the eventuality that it is incompatible with 
Community law in general, it shall reject the application.  
 
5. If the Member State considers that the relevant requirements are met, it shall  […] publish 
the single document and the product specification at least  on the Internet.  
[…] 
6. In respect of any favourable […] position  as referred to in paragraph 5, the Member State 
concerned shall forward to the Commission an application for protectio n containing:  
(a) the name and address of the applicant;  
(b) the single document referred to in Article  28(1)(d);  
(c) a declaration by the Member State that it considers that the application lodged by the 
applicant meets the conditions of this Regulation;  
(d) the reference of publication referred to in paragraph  6. 
 
These documents shall be forwarded in one of the official languages of the institutions of the 
European Union or accompanied by a certified translation into one of those languages.  
[…] 
7. Member  States shall introduce the laws, regulations or administrative provisions necessary 
to comply with this Article not later than 1 August 2009.  
  
 
16225/1/07  REV 1   STh/ms  49 
 DG B - I   EN  8. In case where a Member State has no national legislation concerning the protection of 
designations of origin  and geographical indications, the Member State concerned may, 
on a transitional basis only, grant protection in accordance with the terms of this 
Chapter at national level to the name with effect from the day the application is lodged 
with the Commission.  Such transitional national protection shall cease on the date on 
which a decision on registration or refusal under this Chapter is taken.  
 
Article 32  
Scrutiny by the Commission  
 
1. The Commission shall make the date of submission of the application for pr otection of the 
designation of origin or geographical indication public.  
 
2. The Commission shall examine whether the applications for protection referred to in 
Article  31(7) meet the conditions laid down in this Chapter.  
 
3. Where the Commission consider s that the conditions laid down in this Chapter are met, it 
shall publish in the Official Journal of the European Union  the single document referred to 
in Article  28(1)(d) and the reference to the publication of the product specification referred 
to in Article 31(5) . 
 
Where this is not the case, it shall be decided, in accordance with the procedure referred to 
in Article [...]104 (2), to reject the application.  
 
Article 33  
Objection procedure  
 
Within two months from the date of publication provided for in th e first subparagraph of 
Article  32(3), any Member  State or third country, or any natural or legal person having a legitimate 
interest, established or resident in a Member State other than that applying for the protection or in a 
third country,  may object t o the proposed protection by lodging a duly substantiated statement 
relating to the conditions of eligibility as laid down in this Chapter  with the Commission.  
  
 
16225/1/07  REV 1   STh/ms  50 
 DG B - I   EN  In the case of natural or legal persons established or resident in a third country, such stat ement shall 
be lodged, either directly or via the authorities of the third country concerned, within the time limit 
of two months referred to in the first paragraph.  
 
Article 34  
Decision on protection  
 
On the basis of the information available to the Commi ssion, it shall be decided, in accordance with 
the procedure referred to in Article  [...]104 (2), to either confer protection on the designation of 
origin or geographical indication which meets the conditions laid down in this Chapter and is in 
general comp atible with Community law, or to reject the application where those conditions are not 
satisfied.  
 
SECTION 4  
SPECIFIC CASES  
 
Article 35  
Homonyms  
 
1. […] A name , for which an application is lodged,  wholly or partially homonymous with 
that of a name already registered under this Regulation shall be registered with due 
regard for local and traditional usage and  the risk of confusion.  
 
 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 homo nym registered subsequently and the name 
already on the register, having regard to the need to treat the producers concerned in 
an equitable manner and not to mislead the consumer.  
  
 
16225/1/07  REV 1   STh/ms  51 
 DG B - I   EN  2. Paragraph 1 shall apply mutatis mutandis  if a name, for which an appli cation is lodged, 
is wholly or partially homonymous with a geographical indication protected as such 
under the legislation of Member States.   
 
Member States shall not register non-identical geographical indications for protection 
under their respective legislation  on geographical indications  if a designation of origin 
or geographical indication is protected in the Community by virtue of the Community 
law relevant to designations of origin and geographical indications.  
 
3. Save as otherwise provided for in C ommission implementing rules, where a wine grape 
variety contains or consists of a protected designation of origin or geographical indication 
the name of the wine grape variety shall not be used for purposes of labelling the products 
covered by this Regula tion. 
 
4. The protection of designations of origin and geographical indications for products 
covered in Article 27 shall be without prejudice to protected geographical indications 
applying in relation to spirit drinks within the meaning of Regulation (EC) [Spirit 
drinks R egulation ] and vice versa.  
 
Article 36  
Grounds for refusal of protection  
 
1. Names that have become generic shall not be protected as a designation of origin or 
geographical indication.  
 
For the purposes of this […] Chapter , a ”name that h as 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 national or Community legal provisions.   
 
16225/1/07  REV 1   STh/ms  52 
 DG B - I   EN  2. A name shall not be protected as a designatio n of origin or geographical indication where, in 
the light of a trademark’s reputation and renown, protection is liable to mislead the 
consumer as to the true identity of the wine.  
 
Article 37  
Relationship with trademarks  
 
1. Where a designation of origin or a geographical indication is protected under this 
Regulation, the registration of a trademark corresponding to one of the situations referred to 
in Article  38(2) and relating to a product falling under one of the categories listed in 
Annex  IV shall be r efused if the application for registration of the trademark is submitted 
after the date of submission of the application for protection of the designation of origin or 
geographical indication to the Commission and the designation of origin or geographical 
indication is subsequently protected.  
 
Trademarks registered in breach of the first subparagraph shall be invalidated.  
 
2. Without prejudice to Article  36(2), a trademark the use of which corresponds to one of the 
situations referred to in Article  38(2), w hich 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 geograp hical 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 
specif ied by Council Directive  89/104/EEC13 or Council Regulation (EC) No  40/9414.  
 
In such cases the use of the designation of origin or geographical indication shall be 
permitted alongside the relevant trademarks.  
                                                
13 OJ L 40, 11.2.1989, p.  1. 
14 OJ L 11, 14.1.1994, p.  1.  
 
16225/1/07  REV 1   STh/ms  53 
 DG B - I   EN  SECTION 5  
PROTECTION AND CONTROL  
 
Article 38  
Protection  
 
1. Protected designations of origins and geographical indications may be used by any operator 
marketing a wine which has been produced  in conformity with the corresponding product 
specification.  
 
2. Protected designations of origins and geograph ical indications and the wines using those 
protected names in conformity with the product specification shall be protected against:  
(a) any direct or indirect commercial use of a protected name:  
- by comparable products not compliant with the product speci fication of the 
protected name, or  
- in so far as such use exploits the reputation of a designation of origin or a 
geographical indication;  
(b) any misuse, imitation or evocation, even if the true origin of the product or service is 
indicated or if the pro tected 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 qualiti es 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 geographical indications shall not become 
generic in the Community within the meaning of Article  36(1).  
 
4. Member States shall take the steps n ecessary to stop unlawful use of protected designations 
of origin and geographical indications as referred to in paragraph 2.   
 
16225/1/07  REV 1   STh/ms  54 
 DG B - I   EN  Article 39  
Register  
 
The Commission shall establish and maintain an electronic register of protected designations of 
origin and g eographical indications for wine which shall be publicly accessible.  
 
Article 40  
[…] Designation of competent control authority  
 
1. Member States shall designate the competent authority or authorities responsible for 
controls in respect of the obligations  established by this Chapter in accordance with  the 
criteria laid down in Article 4  of Regulation (EC) No  882/2004.  […] 
 
2. Member States shall ensure that any operator complying with this Chapter is entitled to be  
covered by a system of controls.  
 
3. Memb er States shall inform the Commission about the competent  authority or  authorities 
[…] referred to in paragraph  1. The Commission shall make their names and addresses 
public and update them periodically.  
 
Article 41  
Verification of compliance with specific ations  
 
1. In respect of protected designations of origin and geographical indications relating to a 
geographical area within the Community, annual verification of compliance with the product 
specification, during the production and during or after conditi oning of the wine, shall be 
ensured by:  
(a) […] the competent authority or authorities […] referred to in Article  40(1); 
(b) one or more control bodies within the meaning of Article 2 (5) of Regulation (EC) No 
882/2004 operating as a product certification b ody in accordance with the criteria 
laid down in Article 5 of the said Regulation . 
 
The costs of such verification shall be borne by the operators subject to it.   
 
16225/1/07  REV 1   STh/ms  55 
 DG B - I   EN  2. In respect of protected designations of origin and geographical indications relating to a 
geographical area in a third country, annual verification of compliance with the product 
specification, during the production and during or after conditioning of the wine, shall be 
ensured by:  
(a) one or more public authorities designated by the third coun try, or  
(b) one or more certification bodies  […].  
[…] 
 
3. The certification bodies referred to in paragraphs  1(b) and 2(b) of this Article shall comply 
with, and from 1 May 2010 be accredited in accordance with, the European standard 
EN 45011 or ISO/IEC Gu ide 65 (General requirements for bodies operating product 
certification systems).  
 
4. Where the […] authority or authorities  referred to in paragraphs 1(a) and 2(a) […] of this 
Article, verify compliance with the product specification, they  shall offer ad equate 
guarantees of objectivity and impartiality, and have at their disposal the qualified staff and 
resources needed to carry out their tasks.  
 
Article 42  
Amendments to product specifications  
 
1. An applicant satisfying the conditions of Article  30 may apply for approval of an 
amendment to the product specification of a protected designation of origin or geographical 
indication, in particular to take account of developments in scientific and technical 
knowledge or to redefine the geographical area referr ed to in point (c) of the second 
subparagraph of Article  28(2). Applications shall describe and give reasons for the 
amendments requested.   
 
16225/1/07  REV 1   STh/ms  56 
 DG B - I   EN   
2. Where the proposed amendment involves one or more amendments to the single document 
referred to in Article  28(1)(d), Articles  31 to 34 shall apply mutatis mutandis  to the 
amendment application. However, if the proposed amendment is only minor, it shall be 
decided, in accordance with the procedure referred to in Article [...]104 (2), whether to 
approve the application  without following the procedure laid down in Articles  32(2) and  33 
and in the case of approval, the Commission shall proceed to publication of the elements 
referred to in Article  32(3). 
 
3. Where the proposed amendment does not involve any change to the s ingle 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 t he Commission of the amendments 
approved and the reasons for them;  
(b) where the geographical area is in a third country, the Commission shall determine 
whether to approve the proposed amendment.  
 
Article 43  
Cancellation  
 
It may be decided, in accordance w ith the procedure referred to in Article [...]104 (2), at the 
initiative of the Commission or at a 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 d esignation 
of origin or a geographical indication if compliance with the corresponding product specification is 
no longer ensured.  
 
Articles  31 to 34 shall apply mutatis mutandis .  
 
16225/1/07  REV 1   STh/ms  57 
 DG B - I   EN  Article 44  
Existing protected wines names  
 
1. Wine names, which are protec ted in accordance with Article s 48 and  54 of Regulation (EC) 
No 1493/1999 and Article  28 of Regulation (EC) No  753/2002, shall automatically be 
protected under this Regulation. The Commission shall list them in the register provided for 
in Article  39. 
 
2. Member States shall, in respect of the designations of origin and geographical indications 
referred to in paragraph  1, transmit to the Commission:  
(a) the technical files as provided for in Article  28(1);  
(b) the national decision s of approval  […]. 
 
3. Nam es referred to in paragraph 1, for which the information referred to in paragraph  2 is not 
submitted by [31 December [...]2011], shall lose protection under this Regulation. The 
Commission shall take the corresponding formal step of removing such names fro m the 
register provided for in Article 39.  
 
4. Article 43 of this Regulation shall not apply in respect of the designations of origin and 
geographical indications referred to in paragraph  1. 
 
[…] It may be decided, until [31 December [...]2014] , at the ini tiative of the Commission 
and in accordance with the procedure referred to in Article [...]104 (2), to cancel protection 
of designations of origin or geographical indications referred to in paragraph  1 of this 
Article if they do not meet the […] conditions laid down  […] in Article 27 .  
 
16225/1/07  REV 1   STh/ms  58 
 DG B - I   EN  SECTION 6  
GENERAL PROVISIONS  
 
Article 45  
Implementing rules  
 
Detailed rules for the implementation of this Chapter shall be adopted in accordance with the 
procedure referred to in Article  104(1). 
 
Those rules may in particular  include derogations from the applicability of the rules and 
requirements  laid down in this Chapter : 
(a) insofar as  pending applications for protection of designations of origin or geographical 
indications are concerned;  
(b) insofar as the production of certain wines with a protected designation of origin or 
geographical indication in a geographical area in proximity of the geographical area 
where the grapes originate is concerned ; 
(c) insofar as traditional production practices of certain wines with a prot ected 
designation of origin are concerned . 
 
Article 46  
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 Regulation.   
 
16225/1/07  REV 1   STh/ms  59 
 DG B - I   EN  Chapter III b 
Trad itional terms  
 
Article 4 6a 
Definition s 
 
1. "Traditional term" shall mean a term traditionally used in Member States  for 
products referred to in Article 26a(1)  to designate:  
(a) that […] the product  has a p rotected designation of origin or geographical 
indication under Community or Member State law ; 
(b) the production or ageing method or the quality, colour, type of place, or a 
particular event linked to the history, of […] the product  with a protected 
desig nation of origin or geographical indication.  
 
2. Traditional terms shall be recognised, defined and protected in accordance with the 
procedure referred to in Article 104 (1). 
 
Article 46b  
Protection  
 
1. A protected traditional term may only be used for a wi ne which has been produced in 
conformity with the definition referred to on Article 46a(2).  
 
 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.   
 
16225/1/07  REV 1   STh/ms  60 
 DG B - I   EN  Article 46 c 
Implementing rules  
 
Detailed rules for the implementation of this Chapter shall be adopted in accordance with the 
procedure referred to in Article 104 (1), in particular concerni ng: 
(a) the procedure conferring protection;  
(b) the specific level of protection.  
 
Chapter IV  
Labelling  and presentation  
 
Article 47  
Definition  
 
For the purposes of this Regulation : 
- "labelling " means any words, particulars, trademarks, brand name, pictori al matter or 
symbol placed on any packaging, document, notice, label, ring or collar accompanying or 
referring to a given product ; 
- "presentation" means any […] labelling information conveyed to consumers by virtue 
of the packaging of the product concerned  including the form and type of bottles […]. 
 
Article 48  
Applicability of horizontal rules  
 
Save as otherwise provided for in this Regulation, Directive 2000/13/EC, Council Directive 
89/396/EEC15, Council Directive 75/106/EEC16 and Directive 89/104/EEC shall apply to the 
labelling and presentation of products falling within their scopes.  
                                                
15 OJ L 186, 30.6.1989, p.  21. 
16 OJ L 42, 15.2.1975, p.  1.  
 
16225/1/07  REV 1   STh/ms  61 
 DG B - I   EN  Article 49  
Compulsory particulars  
 
1. Labelling and presentation of the products referred to in points 1 to [...]10, 12, 14 and 15  
of Annex IV marketed in the Community or fo r export shall contain the following 
compulsory particulars:  
(a) the designation for the category of the grapevine product in accordance with Annex 
IV; 
(b) for wines with a protected designation of origin or geographical indication:  
- the term “protected d esignation of origin” or “protected geographical indication”, 
and 
- the name of the protected designation of origin or geographical indication.  
(c) the actual alcoholic strength by volume;  
(d) an indication of provenance [...];  
(e) an indication of the bo ttler or, in the case of sparkling wine, aerated sparkling 
wine, quality sparkling wine or quality aromatic sparkling wine , the name of the 
producer or vendor ; 
(f) an indication of the importer in the case of imported wines ; 
(g) in the case of sparkling wi ne, aerated sparkling wine, quality sparkling wine or 
quality aromatic sparkling wine , an indication of the sugar content.  
 
2. By way of derogation from point (a) of paragraph 1  the reference to the category of the 
grapevine product may be omitted for wine s whose label s include the protected name of a 
designation of origin or geographical indication.  
 
3. By way of derogation from point  (b) of paragraph  1 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 46a(1) (a) is displayed on the 
label;  
(b) where, in exceptional circumstances to be determined in accordance with the 
procedure referred to in Article 104(1), the name of the protected designation of 
origin or protected geographical indication is displayed on the label.   
 
16225/1/07  REV 1   STh/ms  62 
 DG B - I   EN  Article 50  
Optional particulars  
 
1. Labelling and presentation of products referred to in Article  49(1) may in particular 
contain the following op tional particulars:  
(a) the vintage year;  
(b) the name of one or more wine grape varieties;  
(c) in the case of wines other than the ones referred to in Article 49(1)(g),  terms 
indicating the sugar content;  
(d) for wines with a protected designation of orig in or geographical indication, 
traditional terms […] as referred to in Article 46a (1)(b) ; 
(e) the Community symbol indicating the protected designation of origin or 
geographical indication;  
(f) terms referring to certain production methods ; 
(g) for wines b earing a protected designation of origin or geographical indication 
the name of another geographical unit that is smaller or larger than the area 
underlying the designation of origin or geographical indication. […]  
 
2. Without prejudice to Article 35(3), as regards the use of particulars referred to in 
paragraph 1(a) and (b) for wines without a protected designation of origin or 
geographical indication […]: 
(a) Member States shall introduce laws, regulations or administrative provisions to 
ensure certificat ion, approval and control procedures so as to guarantee the 
veracity of the information concerned;   
 
16225/1/07  REV 1   STh/ms  63 
 DG B - I   EN  (b) Member States  may, on the basis of non -discriminatory and objective criteria 
and with due regard to […] loyal competition, for wine produced from wine 
grape varieties on their territory, draw -up lists of excluded wine grape varieties, 
in particular if:  
(i) there is a risk of confusion of consumers as to the true origin of the wine 
due to the fact that the given wine grape variety forms an integral part of  
an existing protected designation of origin or geographical indication;  
(ii) the relevant controls would not be cost -effective due to the fact that the 
given wine grape variety represents a very small pa rt of the Member 
State vineyard ; 
 
(c) mixtures of wi ne grape varieties from different Member States shall not give 
rise to labelling of the wine grape variety or varieties unless the Member States 
concerned agree otherwise and ensure the feasability of the relevant 
certification, approval and control proced ures.  
 
 
Article 51  
Languages  
 
1. Compulsory and optional  particulars referred to in Articles 49 and 50  […] shall, where 
expressed in words, appear in one or more of the official languages of the Community.  
 
2. […]Notwithstanding paragraph 1 , the name of a protected designation of origin or 
geographical indication or […] a traditional term as referred to in Article 46a(1)(a)  shall 
appear on the label in the […] language or languages […] for which the protection applies . 
 
In the case of protected designatio ns of origin or 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.   
 
16225/1/07  REV 1   STh/ms  64 
 DG B - I   EN  Article 52  
Enforcement  
 
The competent authorities of the Member States shal l take measures to ensure that […] a product  
referred to in Article  49(1)  not labelled in conformity with this Chapter is not placed on or is 
withdrawn from the market.  
 
Article 53  
Implementing rules  
 
Detailed rules for the implementation of this Chapter s hall be adopted in accordance with the 
procedure referred to in Article104 (1). 
 
Those rules may in particular include:  
(a) details on the indication of provenance of the […] relevant product;  
(b) the terms of use of the optional particulars listed in Artic le 50; 
(c) [...]specific requirements relating to the indications concerning the vintage year and 
the wine grape variety displayed on labels as referred to in Article 50(2) ; 
(d) [...]further derogations in addition to those referred to in Article 49(2) whi ch provide 
that the reference to the category of the grapevine product may be omitted ; 
(e) rules concerning protection to be conferred in relation to the presentation of a given 
product.  
  
 
16225/1/07  REV 1   STh/ms  65 
 DG B - I   EN  Chapter V  
Producer and inter -branch organisations  
 
Article 54  
Produ cer organisations  
 
1. Member States […] may recognise […] producer organisation s […] which  […]: 
(a) […] are constituted by producers of products covered by this Regulation;  
(b) […] are formed on the initiative of producers;  
(c) […] pursue a specific aim, w hich may in particular relate to one or more of the 
following : 
(i) adapting production jointly to the requirements of the market and improving 
the product;  
(ii) promoting concentration of supply and the placing on the market of the 
products produced by its  members;  
(iii) promoting the rationalisation and improvement of production and processing;  
(iv) reducing production costs and market management costs and stabilising 
producer prices;  
(v) promoting and providing technical assistance for the use of environm entally 
respectful cultivation practices and production techniques;  
(vi) 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 biodiversity;  
(vii) carrying out research into sustainable production methods and market 
developments ; 
(viii)  contributing to the achievement of support programmes as referred to in 
Chapter I of Title II .  
 
16225/1/07  REV 1   STh/ms  66 
 DG B - I   EN  (d) […]apply  rules of association which […] require […] their  members, in particular, 
to: 
(i) apply the rules adopted by the producer organisation relating to production 
reporting, production, marketing and protection of the environment;  
(ii) provide the information requested by the producer  organisation for statistical 
purposes, in particular on growing areas and market evolution;  
(ii) pay penalties for infringement of obligations under the rules of association.  
(e) […]have lodged an application for recognition as a producer organisation […] with 
the Member State concerned and the application contains the following items:  
(i) evidence that the entity meets the requirements laid down in points (a) to (d);  
(ii) evidence that it has a minimum number of members, to be laid down by the 
Member Stat e concerned;  
(iii) evidence that it covers a minimum volume of marketable production in the 
area where the organisation operates, to be laid down by the Member State 
concerned;  
(iv) evidence that it can carry out its activities properly, both over time and  in 
terms of effectiveness and concentration of supply;  
(v) evidence that it effectively enables its members to obtain technical assistance 
in using environmentally sound cultivation practices.  
 
2. Producer organisations recognised in accordance with Regul ation (EC) 1493/1999 shall 
be considered as recognised producer organisations under this Article.  
 
Article 55  
Inter -branch organisations  
 
1. Member States […] may recognise […] inter-branch organisation s […] which  […]: 
(a) […] are made up of representative s of economic activities […]in  the production of, 
trade in, or processing of products covered by this Regulation;  
(b) […] are formed on the initiative of all or some of the [...]representatives referred 
to in point (a) ;  
 
16225/1/07  REV 1   STh/ms  67 
 DG B - I   EN  (c) it carries out one or more of t he following measures in one or more regions of the 
Community, taking account of public health and the interests of consumers:  
(i) improving knowledge and transparency of production and the market;  
(ii) helping to better coordinate the way products are pla ced on the market, in 
particular by means of research and market studies;  
(iii) drawing up standard forms of contract compatible with Community rules;  
(iv) exploiting more fully the potential of production;  
(v) providing the information and carrying out th e research necessary to adjust 
production towards products more suited to market requirements and 
consumer tastes and expectations, in particular with regard to product quality 
and protection of the environment;  
(vi) providing information on particular cha racteristics of wine with a protected 
designation of origin or geographical indication;  
(vii) seeking ways of restricting the use of plant -health products and other inputs 
and ensuring product quality and soil and water conservation;  
(viii)  promoting integ rated production or other environmentally sound production 
methods;  
(ix) encouraging moderate and responsible consumption of wine and informing on 
the harm linked to […] hazardous consumption patterns;  
(x) carrying out promotion actions for wine, especia lly in third countries;  
(xi) developing methods and instruments for improving product quality at all 
stages of production, vinification and marketing;  
(xii) exploiting, protecting and promoting the potential of organic farming  […]; 
(xiii)  exploiting , prote cting  and promoting  quality labels and protected 
designations of origin and geographical indications ;  
 
16225/1/07  REV 1   STh/ms  68 
 DG B - I   EN  (d) […] have  lodged an application for recognition […]with the Member State 
concerned and the application contains the following items:  
(i) evidence that  the entity meets the requirements laid down in points (a) to (c);  
(ii) evidence that the entity carries out its activities in one or more regions in the 
territory concerned;  
(iii) evidence that the entity represents a significant share of the production o f or 
trade in products covered by this Regulation;  
(iv) evidence that the entity does not engage in the production or processing or 
marketing of products covered by this Regulation.  
 
2. Organisations meeting the criteria set -out in paragraph 1, which have been recognised 
by Member States , shall be considered as recognised inter -branch organisations under 
this Article.  
 
Article 56  
Recognition procedure  
 
1. Applications for recognition as a producer organisation or inter -branch organisation shall be 
lodged wi th and examined by the Member State where the organisation has its […] 
headquarters . 
 
2. Member States shall take the decision whether to grant or refuse recognition of the 
organisation within [...] four months of the lodging of the application.  
 
Article 5 7 
Marketing rules  
 
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, 
particularly by way of implementing decisions taken by inter -branc h organisations, may lay 
down mark eting rules to regulate supply […].   
 
16225/1/07  REV 1   STh/ms  69 
 DG B - I   EN  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 conc erned.  
 
Article 58  
Monitoring  
 
Member States shall:  
(a) carry out checks at regular intervals to ascertain that producer organisations and inter -branch 
organisations comply with the terms and conditions for recognition laid down in Articles  54 
and 55;  
 
(b) withdraw recognition if a producer or inter -branch organisation no longer complies with the 
relevant requirements and impose penalties on such organisations in the event of non -
compliance or irregularities.  
 
Article 59  
Communication  
 
By 1 March each year and for the first time by 1 March 2009  Member States shall report to the 
Commission the decisions or actions they have taken in accordance with Articles  56, 57 and 
Article  58 during the previous calendar  year.   
 
16225/1/07  REV 1   STh/ms  70 
 DG B - I   EN  TITLE IV  
TRADE WITH THIRD COUNTRIES  
 
Chapter I 
Common provisions  
 
Article 60  
General principles  
 
1. Save as otherwise provided for in this Regulation, the rates of duty in the Common Customs 
Tariff shall apply to the products covered by this Regulation.  
 
2. Save as otherwise provided for in this Regu lation or in provisions adopted pursuant thereto, 
the following shall be prohibited in trade with third countries:  
(a) the levying of any charge having equivalent effect to a customs duty;  
(b) the application of any quantitative restriction or measure havi ng equivalent effect.  
 
Article 61  
Combined Nomenclature  
 
The general rules for the interpretation of the Combined Nomenclature and the special rules for its 
application shall apply to the classification of products covered by this Regulation. The tariff 
nomenclature resulting from the application of this Regulation including, as the case may be, the 
definitions and categories in Annexes I and  IV shall be included in the Common Customs Tariff.   
 
16225/1/07  REV 1   STh/ms  71 
 DG B - I   EN  Chapter II  
Import and export licences  
 
Article 62  
Import and exp ort licences  
 
1. It may be decided, in accordance with the procedure referred to in Article 104 (1), that 
imports into the Community or exports from the Community of one or more of the products 
falling under CN codes 2009  61, 2009  69 and 2204 shall be subje ct to the presentation of an 
import or export licence.  
 
2. When applying paragraph 1, account shall be taken of the need for licences for the 
management of the markets concerned and, in particular, in the case of import licences, for 
monitoring the imports  of the products in question.  
 
Article 63  
Issue of licences  
 
Import and export licences shall be issued by Member States to any  applicant, irrespective of his  
place of establishment in the Community, unless a Council Regulation or any other act of the 
Coun cil provides otherwise, and without prejudice to measures taken for the application of 
Chapter  IV. 
 
Article 64  
Validity of licences  
 
Import and export licences shall be valid throughout the Community.   
 
16225/1/07  REV 1   STh/ms  72 
 DG B - I   EN  Article 65  
Security  
 
1. Save as otherwise provided for  in accordance with the procedure referred to in Article 
104(1), licences shall be issued subject to the lodging of a security guaranteeing that the 
products are imported or exported during the term of validity of the licence.  
 
2. Except in cases of force  majeure , the security shall be forfeited in whole or in part if the 
import or export is not carried out, or is carried out only partially, within the period of 
validity of the licence.  
 
Article 66  
Special security  
 
1. For juice and musts falling under CN codes 2009  61, 2009 69 and 2204  30 for which the 
application of the Common Customs Tariff duties depends on the import price of the 
product, the actual amount of that price shall be verified either by checking every 
consignment or by using a flat -rate impo rt 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 a dopted in accordance with [...]the procedure 
referred to in Article 104(1)  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.  
 
If the entry p rice 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 in accordance with paragraph  2, of the relevant provisions of 
custom s legislation.   
 
16225/1/07  REV 1   STh/ms  73 
 DG B - I   EN  2. In the event that derogations by the Council referred to in points  B.5 or  C of Annex VI are 
applied to imported products, importers shall lodge a security for those products with the 
designated customs authorities at the time of release for free circulation. The security shall 
be released on presentation by the importer of proof, to the satisfaction of the customs 
authorities of the Member State of release for free circulation, that the musts were made into 
grape juice, used in other prod ucts outside the wine sector or, if vinified, have been 
appropriately labelled.  
 
Article 67  
Implementing rules  
 
Detailed rules for the implementation of this Chapter shall be adopted in accordance with the 
procedure referred to in Article 104(1). 
 
Those ru les may in particular include:  
(a) the setting of criteria for determining which control method is to be applied;  
(b) what factors are to enter into the calculation of flat -rate import values;  
(c) the level of securities referred to in Articles  65 and  66 and rules governing the release 
thereof;  
(d) where applicable, the list of products in respect of which import or export licences are 
required;  
(e) where applicable, the conditions under which licences shall be issued and their term of 
validity.   
 
16225/1/07  REV 1   STh/ms  74 
 DG B - I   EN  Chapter II I 
Safeguard measures  
 
Article 68  
Safeguard measures  
 
1. Safeguard measures against imports into the Community shall be taken by the Commission, 
subject to paragraph 3 of this Article, in accordance with Council Regulations (EC) 
No 519/9417 and (EC) No  3285/ 9418.  
 
2. Save as otherwise provided for pursuant to any other act of the Council, safeguard measures 
against imports into the Community provided for in international agreements concluded in 
accordance with Article  300 of the Treaty shall be taken by the C ommission in accordance 
with paragraph 3 of this Article.  
 
3. Measures referred to in paragraphs 1 and 2 may be taken by the Commission at the request 
of a Member State or on its own initiative. If the Commission receives a request from a 
Member State, it shall take a decision thereon within five working days follo wing receipt of 
the request.  
 
The Member States shall be notified of such measures, which shall be immediately 
applicable.  
 
[…] Decisions  taken  by the Commission pursuant to paragraphs 1 and 2 may  be referred to 
the Council by any Member State within five working days of the date on which they were 
notified. The Council shall meet without delay. It may, acting by qualified majority, amend 
or repeal the […] decisions  in question within one month fol lowing the date on which they 
were referred to the Council.  
                                                
17 OJ L 67, 10.3.1994, p.  89. 
18 OJ L 349, 31.12.1994, p.  53.  
 
16225/1/07  REV 1   STh/ms  75 
 DG B - I   EN  4. Where the Commission considers that any safeguard measure taken in accordance with 
paragraphs 1 or 2 should be revoked or amended, it shall proceed as fo llows:  
(a) where the measure was enacte d by the Council, the Commission shall propose to the 
Council that it be revoked or amended. The Council shall act by a qual ified majority;  
(b) in all other cases, Community saf eguard measures shall be revoked or amended by 
the Commission.  
 
Article 69  
Addi tional import duties  
 
1. An additional import duty shall apply to imports, subject to the rate of duty laid down in 
Article  60(1), of grape juice and grape must where marked with a special safeguard clause 
indication (“SSG”) in the Agreement on Agriculture  concluded during the Uruguay Round 
Multilateral Trade Negotiations, in order to prevent or counteract adverse effects on the 
market of the Community which may result from those imports, if:  
(a) the imports are made at a price below the level notified by t he Community to the 
WTO, or  
(b) the volume of imports in any year exceeds a certain level.  
 
The volume referred to in point (b) shall be based on market access opportunities defined, 
where applicable, as imports as a percentage of the corresponding domesti c consumption 
during the three previous years.  
 
2. Additional import duties shall not be imposed where the imports are unlikely to disturb the 
Community market, or where the effects would be disproportionate to the intended 
objective.  
  
 
16225/1/07  REV 1   STh/ms  76 
 DG B - I   EN  3. For the purposes  of paragraph  1(a), import prices shall be determined on the basis of the cif 
import prices of the consignment under consideration.  
 
Cif import prices shall be checked against the representative prices for the product on the 
world market or on the Communit y import market for that product.  
 
Article 70  
Suspension of inward and outward processing arrangements  
 
1. Where the Community market is disturbed or is liable to be disturbed by inward or outward 
processing arrangements, it may be decided, at the request of a Member State or on the 
Commission’s initiative and in accordance with the procedure referred to in Article  104(1), 
to suspend fully or partially the use of inward or outward processing arrangements for the 
products covered by this Regulation. If the C ommission receives a request from a Member 
State, a decision thereon shall be taken within five working days following receipt of the 
request.  
 
The Member States shall be notified of such measures, which shall be immediately 
applicable.  
 
Measures decided p ursuant to the first subparagraph may be referred to the Council by any 
Member State within five working days of the date on which they were notified. The 
Council shall meet without delay. It may, acting by qualified majority, amend or repeal the 
measures in question within one month following the date on which they were referred to 
the Council.  
 
2. To the extent necessary for the proper functioning of the common organisation of the wine 
market, the use of inward or outward processing arrangements for the p roducts covered by 
this Regulation  may be fully or partially prohibited by the Council, acting in accordance 
with the procedure laid down in Article  37(2) of the Treaty.   
 
16225/1/07  REV 1   STh/ms  77 
 DG B - I   EN  Article 71  
Implementing rules  
 
Detailed rules for the implementation of this Chapter shall be adopted in accordance with the 
procedure referred to in Article  104(1). 
 
Chapter IV  
Rules applying to imports  
 
Article 72  
Import requirements  
 
1. Save as otherwise provided for, in particular in agreements concluded pursuant to 
Article  300 of the Treaty, the provisions concerning designations of origin and geographical 
indications and labelling set out in Chapters III and IV of Title III of this Regulation , where 
applicable,  as well as Article 19(2) shall apply to products falling under CN codes 20 09 61, 
2009  69 and 2204  which are imported into the Community.  
 
2. Save as otherwise provided in agreements concluded pursuant to Article  300 of the Treaty, 
products referred to in paragraph  1 of this Article shall be produced in accordance with 
oenologic al practices [...] recommended  and published  by the OIV or authorised by the 
Community pursuant to this Regulation and its implementing rules.  
 
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 determined in 
accordance with the procedure referred to in Article 104(1), in the country from 
which the produ ct comes;   
 
16225/1/07  REV 1   STh/ms  78 
 DG B - I   EN  (b) an analysis report drawn up by a body or department designated by the country from 
which the product comes, in so far as the product is intended for direct human 
consumption.  
 
Article 73  
Tariff quotas  
 
1. Tariff quotas for imports of product s covered by this Regulation resulting from agreements 
concluded in accordance with Article  300 of the Treaty or from any other act of the Council 
shall be opened and administered in accordance with the procedure referred to in Article 
104(1). 
 
2. Tariff q uotas shall be administered in a manner which avoids any discrimination between 
the operators concerned, by applying one of the following methods or a combination of them 
or another appropriate method:  
(a) a method based on the chronological order of the l odging of applications (“first 
come, first served“ principle);  
(b) a method of distribution in proportion to the quantities requested when the 
applications were lodged (“simultaneous examination method”);  
(c) a method based on taking traditional trade patt erns into account (”traditional/new 
arrival method”).  
 
3. The method of administration adopted for the management of tariff quotas shall, where 
appropriate, give due weight to the supply requirements of the Community market and the 
need to safeguard the eq uilibrium of that market.  
 
Article 74  
Implementing rules  
 
Detailed rules for the implementation of this Chapter shall be adopted in accordance with the 
procedure referred to in Article 104(1).  
 
16225/1/07  REV 1   STh/ms  79 
 DG B - I   EN  Those rules may in particular include:  
(a) details on the impo rt requirements;  
(b) guarantees covering the nature, provenance and origin of the product;  
(c) recognition of the document used for verifying the guarantees referred to in point  [...](b). 
 
TITLE V  
PRODUCTION POTENTIAL  
 
Chapter I  
Unlawful plantings  
 
Article  75 
Unlawful plantings planted after […] 31 August  1998  
 
1. Producers shall grub up at their own cost areas planted with vines without a corresponding 
planting right , where applicable,  after […] 31 August  1998.  
 
2. Pending grubbing -up in accordance with p aragraph  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 i n the preparation of alcohol having an actual alcoholic 
strength by volume of 80% or less.  
 
3. Without prejudice, where applicable, to earlier penalties imposed by Member States,  
[…] Member States shall , from 31 December 2008  onwards , 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 . 
 
16225/1/07  REV 1   STh/ms  80 
 DG B - I   EN  4. Member States shall communicate to the Commission by 1  March each year the areas 
planted with vines with out a corresponding planting right after 1  September 1998 as well as 
the areas grubbed up in accordance with paragraph  1. 
 
5. The end of the transitional ban on new plantings on 31  December […] 2015 , as provided for 
in Article  80(1), shall not affect the o bligations provided for in this Article.  
 
Article 76  
Obligatory regularisation of unlawful plantings planted before 1 September 1998  
 
1. Producers shall, against the payment of a fee and not later than 31  December 2009, 
regularise areas planted with vines without a corresponding planting right , where 
applicable,  before 1  September 1998.  
 
Without prejudice to any proceedings under clearance of accounts, the  first 
subparagraph shall not apply to areas regularised […] on the basis of  Article  2(3) of 
Regulatio n (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 para graph 1, grapes or products made from grapes from areas 
referred to 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% vol. or less.  
 
4. Unlawful areas referred to in paragraph 1 which are not regularised in accordance with 
paragraph  1 by 31  December 2009 shall be grubbed up by the producers concerned at their 
own expense.   
 
16225/1/07  REV 1   STh/ms  81 
 DG B - I   EN  Member State s shall impose penalties, graduated according to the severity, extent and 
duration of the non -compliance, on producers who do not comply with this grubbing -up 
obligation.  
 
Pending the grubbing -up referred to in the first subparagraph paragraph 3 shall appl y 
mutatis mutandis . 
 
5. Member States shall communicate to the Commission by 1  March […] of  each of the 
relevant years : 
(a) the areas planted with vines without a corresponding planting right before 
1 September 1998;  
(b) the areas regularised in accordance  with paragraph  1, the fees as provided for in that 
paragraph as well as the average value of the regional planting rights as provided for 
in paragraph  2. 
 
Member States shall, for the first time by 1  March 2010, communicate to the Commission 
the areas gru bbed up in accordance with the first subparagraph of paragraph  4. 
 
6. The end of the transitional ban on new plantings on 31  December […] 2015  as provided for 
in Article  80(1), shall not affect the obligations provided for in paragraphs  3, 4 and  5. 
 
Articl e 77 
Control of non -circulation  or distillation  
 
1. In relation to Articles 75(2) and 76(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 distill ation contracts .  
 
2. Member States shall verify non-circulation and  distillation  […] referred to in paragraph  1. 
They shall impose penalties in case of non -compliance.   
 
16225/1/07  REV 1   STh/ms  82 
 DG B - I   EN  3. Member States shall notify the Commission of the areas subject to distillation and the 
corresponding volumes of alcohol.  
 
Article 78  
Accompanying measures  
 
Areas referred to in the first subparagraph of Article  76(1) as long as they are not regularised 
and areas referred to in the first subparagraph of Article  75(1)  […] shall not benefit  from any 
national or Community support measures.  
 
Article 79  
Implementing rules  
 
Detailed rules for the implementation of this Chapter shall be adopted in accordance with the 
procedure referred to in Article 104(1). 
 
Those rules may in particular include:  
(a) details  […] on the communication requirements of Member States including possible 
reductions of the budget allocations referred to in Annex  II in case of non -compliance;  
(b) details on the penalties to be imposed by Member States in case of non -compli ance with the 
obligations laid down in Articles  75, 76 and  77. 
  
 
16225/1/07  REV 1   STh/ms  83 
 DG B - I   EN  Chapter II  
Transitional planting right regime  
 
Article 80  
Transitional prohibition on planting vines  
 
1. Without prejudice to Article  18 and in particular its third paragraph, the planting of  vines of 
[...]wine grape varieties  classifiable according to [...]  Article  18(1) shall be prohibited until 
31 December  […] 2015 .  
 
2. Until 31 December […] 2015 , grafting -on of wine grape varieties classifiable according to 
[...]Article  18(1) to varieties  other than wine grape varieties referred to in that Article shall 
also be prohibited.  
 
3. Notwithstanding paragraphs 1 and 2, plantings and grafting -on as referred to in those 
paragraphs shall be allowed if covered by:  
(a) a new planting right, as provide d for in Article  81; 
(b) a replanting right, as provided for in Article  82; 
(c) a planting right granted from a reserve as provided for in Articles  83 and  84. 
 
4. The planting rights referred to in paragraph  3 shall be granted in hectares.  
 
5. Articles 81 to 86 shall apply until 31 December […] 2015 . 
 
6. Member States may decide to maintain the prohibition referred to in paragraph 1 until 
31 December 2018 at the latest. In such case the rules governing the transitional 
planting right regime as laid down in this Chapter including this Article shall apply in 
the given Member State until that point in time.  
 
  
 
16225/1/07  REV 1   STh/ms  84 
 DG B - I   EN  Article 81  
New planting rights  
 
1. Member States may grant new planting rights to producers in respect of areas:  
(a) intended for new plantings carried o ut under measures for land consolidation or 
measures concerning compulsory purchases in the public interest adopted under 
national legislation or;  
(b) intended for experimental purposes or;  
(c) intended for graft nurseries or; 
(d) whose wine or vine prod ucts are intended solely for the consumption by the wine -
grower’s family.  
 
2. New planting rights granted shall:  
(a) be exercised by the producer to whom they are granted;  
(b) be used before the end of the second wine year after the one in which they were 
granted;  
(c) be used for the purposes for which they were granted.  
 
Article 82  
Replanting rights  
 
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 grubbin g-up premium is granted in 
accordance with Chapter  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.   
 
16225/1/07  REV 1   STh/ms  85 
 DG B - I   EN  3. Replanting rights granted shall correspond to the equivalent of the grubbed -up area in terms 
of pu re crop.  
 
4. The replanting rights shall be exercised on the holding in respect of which they were 
granted. Member States may further stipulate that such replanting rights may be exercised 
only on the area where the grubbing -up was carried out.  
 
5. By way of derogation from paragraph  4, Member States may decide that replanting rights 
may be transferred, in whole or in part, to another holding in the same Member State in the 
following cases:  
(a) part of the holding concerned is transferred to that other hold ing;  
(b) areas on that other holding are intended for:  
- the production of wines with a protected designation of origin or a protected 
geographical indication, or  
- the cultivation of graft nurseries.  
 
 Member States shall ensure that the application of t he derogations provided for in the first 
subparagraph does not lead to an overall increase in production potential on their territory, in 
particular when transfers are made from non -irrigated to irrigated areas.  
 
6. Paragraphs 1 to 5 shall apply mutatis mu tandis  to rights similar to replanting rights acquired 
under prior Community or national legislation.  
 
7. Replanting rights granted under Article  4(5) of Regulation (EC) No  1493/1999 shall be used 
within the periods provided for therein.  
  
 
16225/1/07  REV 1   STh/ms  86 
 DG B - I   EN  Article 83  
Natio nal and regional reserve of planting rights  
 
1. In order to improve management of the production potential Member States shall create a 
national reserve or regional reserves of planting rights.  
 
2. Member States which have established national or regional  reserves of planting rights under 
Regulation (EC) No  1493/1999 may maintain those reserves until 31  December […] 2015 .  
 
3. The following planting rights shall be allocated to the national or regional reserves if they 
are not used within the prescribed pe riod:  
(a) new planting rights;  
(b) replanting rights;  
(c) planting rights granted from the reserve.  
 
4. Producers may transfer replanting rights to the national or regional reserves. The conditions 
of such transfer, where necessary in return for a payment from national funds, shall be 
determined by the Member States taking into account the legitimate interests of the parties.  
 
5. By way of derogation from paragraph  1, Member States may decide not to implement a 
reserve system provided that they can prove th at 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 Chapter.  
 
The first subparagraph shall also apply to Member States  which cease the operation of 
national or regional reserves under Regulation (EC) No  1493/1999.  
  
 
16225/1/07  REV 1   STh/ms  87 
 DG B - I   EN  Article 84  
Granting planting rights from the reserve  
 
1. Member States may grant rights out of a reserve:  
(a) without payment, to producers who are under 40 y ears of age, who possess adequate 
occupational skill and competence, who are setting up for the first time […] and who 
are established as the head of the holding;  
(b) against payment into national or, if appropriate, regional funds, to producers who 
intend  to use the rights to plant vineyards whose production has an assured outlet.  
 
Member States shall define the criteria for setting the amounts of the payment referred to in 
point  (b), which may vary depending on the final intended product of the vin eyards 
concerned and on the residual transitional period during which the prohibition on new 
plantings as provided for in Article  80(1) and (2) applies . 
 
2. Where planting rights granted from a reserve are used, Member States shall ensure that:  
(a) the location,  the varieties used and the cultivation techniques used guarantee that the 
subsequent production is adapted to market demand;  
(b) the yields concerned are typical of the average in the region, in particular where 
planting rights originating in non -irrigate d 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 allocation to the reserve, shall be extinguished.  
  
 
16225/1/07  REV 1   STh/ms  88 
 DG B - I   EN  5. If regional reserves exist in a Member State, the Member State may lay down rules 
permitting the transfer of plan ting rights between regional reserves. If both regional and 
national reserves exist in a Member State, the Member State may also allow for transfers 
between those reserves.   
 
Transfers may be subject to a reduction coefficient.  
 
Article 85  
De minimis  
 
This Chapter shall not apply in Member States where […] the Community planting right regime 
did not apply by 31 December 2007.  
 
Article 86  
Stricter national rules  
 
Member States may adopt stricter national rules in respect of the award of new planting rights o r 
replanting rights. They may require that the respective applications and the relevant information to 
be supplied therein be supplemented by additional information necessary for monitoring the 
development of production potential.  
 
Article 87  
Implementing rules  
 
Detailed rules for the implementation of this Chapter shall be adopted in accordance with the 
procedure referred to in Article  104(1). 
  
 
16225/1/07  REV 1   STh/ms  89 
 DG B - I   EN  These rules may in particular include:  
(a) provisions to avoid excessive administrative charges when applying th e provisions of this 
Chapter;  
(b) the co -existence of vines pursuant to Article  82(2);  
(c) the application of the reduction coefficient referred to in Article  84(5).  
 
Chapter III  
Grubbing -up scheme  
 
Article 88  
Scope and definition  
 
[…] This Chapter lays do wn the conditions under which [...]vine -growers shall receive a premium 
in exchange for grubbing up vines (hereinafter " grubbing -up premium "). 
[…] 
 
Article 89  
Duration of the scheme  
 
The grubbing -up scheme shall apply until the end of the wine year [...]20 10/2011 . 
  
 
16225/1/07  REV 1   STh/ms  90 
 DG B - I   EN  Article 90  
Conditions […]of eligibility  
 
The grubbing -up premium may be granted only if the area concer ned complies with the following 
conditions:  
(a) it did not receive Community or national support  for restructuring and conversion -type 
measure s […] 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 tha n 0.1 hectare . However, that minimum size may be 0.3 hectare, if a 
Member State so decides, for certain administrative regions of that Member State in 
which the average of the area planted with vines of a wine holding exceeds one hectare ; 
(e) it has not be en planted in violation of any applicable Community or national provision;  
(f) it is planted with a wine grape variety [...]classifiable  according to  Article  18(1).  
 
Notwithstanding point (e), areas regularised in accordance with Article  2(3) of Regulation  (EC) 
No 1493/1999 and Article  76(1) of this Regulation shall be eligible for the grubbing -up premium.  
 
Article 91  
Amount of the grubbing -up premium  
 
1. Scales for the grubbing -up premiums to be granted shall be fixed in accordance with the 
procedure refer red to in Article  [...]104 . 
 
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 y ields of the 
holding concerned.   
 
16225/1/07  REV 1   STh/ms  91 
 DG B - I   EN  Article 92  
Procedure and budget  
 
1. Interested producers shall submit applications for the grubbing -up premium to the respective 
authorities in Member States not later than […] 15 September of each year.   Member States 
may fix an earlier date than 15 September provided that it is later than 30 June and 
provided that they take into due account, where applicable, their application of the 
exemptions foreseen in Article 94.  
 
2. Member States shall carry out administrative controls concerning the applications 
received, […] process eligi ble applications and notify to the Commission by 15 October 
each year the total area and amounts covered by those applications split by regions and by 
yield ranges.  
 
3. The maximum annual budget for the grubbing -up scheme is set out in Annex  VII. 
 
4. By 15  November each year, in accordance with the procedure referred to in Article  104(1), a 
single percentage for acceptance of the amounts notified shall be set if the total amount 
notified to the Commission by Member States exceeds the available budget resour ces, 
regard being had, where applicable, to the application of Article s 94(2)  and (2a) . 
 
5. By […] 1 February  each year, Member States shall accept the applications:  
(a) for the areas applied for in their entirety if the Commission has not set a percentage  
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 gi ve 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 over 55 
years old or older where Member States so provide.   
  
 
16225/1/07  REV 1   STh/ms  92 
 DG B - I   EN  Member States shall not ify to the Commission by […] 1 March  each year the applications 
accepted split by regions and by yield ranges and the total amount of grubbing -up premiums 
paid by region.  
 
6. For the preceding wine year, Member States shall notify to the Commission by 
15 September each year:  
(a) the areas grubbed -up split by regions and by yield ranges;  
(b) the total amount of grubbing -up premiums paid by region.  
 
Article 93  
Cross -compliance  
 
Where farmers are found to not have complied on their holding, at any time during  [...]three […] 
years from payment of the grubbing -up premium, with the statutory management requirements and 
the good agricultural and environmental condition referred to in Articles 3 to 7 of Regulation (EC) 
No 1782/2003, the amount of the payment shall,  where non -compliance is the result of an action or 
omission directly imputable to the farmer, be reduced or cancelled, partially or wholly depending on 
the severity, extent, permanence and repetition of the non -compliance, and the farmer shall, where 
applicable, be ordered to reimburse it in accordance with the conditions set out in the said 
provisions.  
 
[…] 
Article 94  
Exemptions  
 
1. A Member State may decide to reject any further applications referred to in Article  92(1) 
once the accumulated grubbed -up ar ea on its territory [...] reache s 8% of its area planted 
with vines as referred to in Annex  VIII.  
 
 A Member State may decide to reject any further applications referred to in Article 
92(1) for a region once the accumulated grubbed -up area in that region r eaches 10% of 
the region's area planted with vines.   
 
16225/1/07  REV 1   STh/ms  93 
 DG B - I   EN  2. It may be decided, in accordance with the procedure referred to in Article 104 (1), to 
stop the application of the grubbing -up scheme in […]a  Member State […] if, taking 
into account the pending applic ations, continued grubbing -up would lead to a 
cumulated area grubbed -up of more than 15% of the Member State's total area 
planted with vines as referred to in Annex VIII.  
 
2a. It may be decided, in accordance with the procedure referred to in Article 104(1 ), to 
stop the application of the grubbing -up scheme in a Member State for a given year if, 
taking into account the pending applications, continued grubbing -up would lead to an 
area grubbed -up of more than 6% of the Member State's total area planted with v ines 
as referred to in Annex VIII in that particular year of the scheme’s operation.  
 
3. Member States may declare vines in mountain and steep slope areas ineligible for the 
grubbing -up scheme in accordance with conditions to be determined in accordance wi th the 
procedure referred to in Article  104(1). 
 
4. Member States may declare areas ineligible for the grubbing -up scheme where application 
of the scheme would be incompatible with environmental concerns. Areas thus declared 
ineligible shall not exceed [...]3% of the total area planted with vines as referred to in 
Annex  VIII.   
 
4a. Greece may declare areas planted with vines on the Aegean islands and the Greek 
Ionian islands,  with the exception of Crete and Eubia, ineligible under the grubbing -up 
scheme.  
 
5. Member States deciding to make use of the possibility provided for in paragraphs  [...] 3 […] 
to 4a shall communicate, by 1 August each year and for the first time on 1  August 2008, to 
the Commission, concerning the grubbing -up measure to be implemented:  
(a) the areas declared ineligible;  
(b) the justification for ineligibility in accordance with paragraphs  [...]3 and  4.  
 
16225/1/07  REV 1   STh/ms  94 
 DG B - I   EN   
6. Member States shall grant producers in the areas ineligible or declared ineligible under 
paragraphs  [...]3 […] to 4a priority under  other support measures laid down in this 
Regulation, in particular, where applicable, the restructuring and conversion measure under 
the support programmes and rural development measures.  
 
 
Article 95  
[deleted]  
 
Article 96  
De minimis  
 
This Chapter shall n ot apply in Member States where wine production does not exceed 
[...]50  000 hectolitres per wine year. This production shall be calculated on the basis of the average 
production during the latest five wine years.  
 
Article 97  
Complementary national aid  
 
Mem ber States may grant complementary national aid not exceeding 75 % of the applicable 
grubbing -up premium [...]  in addition to the grubbing -up premium granted.  
 
Article 98  
Implementing rules  
 
Detailed rules for the implementation of this Chapter shall be ado pted in accordance with the 
procedure referred to in Article  104(1). 
  
 
16225/1/07  REV 1   STh/ms  95 
 DG B - I   EN  Those rules may in particular include:  
(o) details on the conditions of eligibility referred to in Article 90, in particular as regards 
proof that areas were properly tended in 2006 and  2007;  
(a) the premium scales and levels referred to in Article  91; 
[…] 
(b) the criteria for exemption as referred to in Article  94; 
(c) the reporting requirements of Member States concerning the implementation of the 
grubbing -up scheme, including penaltie s in case of delays in reporting and the information 
which Member States give to producers concerning the availability of the scheme,  
(d) the reporting requirements as regards complementary national aid;  
(e) deadlines for payments.  
 
TITLE VI  
GENERAL PROVIS IONS  
 
Article 99  
Vineyard register  
 
1. Member States shall maintain a vineyard register which contains updated information on the 
 production potential.  
 
2. Member States in which the total area planted with vines of wine  grape varieties 
classifiable accor ding to  Article 18(1) is less than 500 hectares shall not be subject to 
the obliga tion laid down in paragraph 1.  
 
Article 100  
Inventory  
 
Member States , which provide for the measure "restructuring and conversion of vineyards" in 
their support programmes in  accordance with Article 10,  shall, on the basis of the vineyard 
register referred to in Article 99, send to the Commission, by 1 March each year and for the first 
time by 1 March 2009 , an updated inventory of their production potential.   
 
16225/1/07  REV 1   STh/ms  96 
 DG B - I   EN  Article 101  
Durat ion of vineyard register and inventory  
 
It may be decided, in accordance with the procedure referred to in Article  104(1), that Articles  99 
and 100 no longer apply any time after 1  January  […] 2016 . 
 
Article 102  
Compulsory declarations  
 
1. Producers of gra pes 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 
quant ities marketed from the last harvest.  
 
3. Producers of must and wine, and merchants other than retailers, shall declare to the 
competent national authorities each year their stocks of must and wine, whether from the 
harvest of the current year or from the harvest of preceding years. Must and wine imported 
from third countries shall be stated separately.  
 
Article 103  
Accompanying documents and register  
 
1. The products covered by this Regulation 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 this Regulation 
in the exercise of their trade, in particular producers, bottlers and processors, as well as 
merchants to be determ ined in accordance with the pr ocedure referred to in Article 1 04(1), 
shall keep inwards and outwards registers in respect of those products.  
  
 
16225/1/07  REV 1   STh/ms  97 
 DG B - I   EN  Article 104  
[...]Committee procedure  
 
1. [...]Save as otherwise provided for, where competences are conferred upo n the Commission 
in this Regulation, the procedure to be followed [...]  shall be [...]the one provided for in 
Article 195(2) of Regulation (EC)  No 1234/2007 . 
[...] 
2. Where competences are conferred upon the Commission in this Regulation and 
reference is m ade to this paragraph : 
(a) the Commission shall be assisted by a Regulatory Committee;  
(b) Articles 5 and 7 of Decision 1999/468/EC shall apply ;   
(c) the period referred to in Article 5(6) of Decision 1999/468/EC  shall be three  
month s. 
 
Article 105  
Financ ial resources  
 
The measures provided for in Chapter I of Title II , with the exception of the measure referred to 
in Article 7(x),  and Chapter  III of Title  V shall constitute intervention to regulate agricultural 
markets as referred to in Article  3(1)(b) of  Regulation (EC) No  1290/2005  […]. 
 
Article 106  
Exchange of information between the Member States and the Commission  
 
1. Member States and the Commission shall provide each other with any information necessary 
for the application of this Regulation, notabl y for market monitoring and analysis and for 
complying with the international obligations concerning the products covered by this 
Regulation.  
  
 
16225/1/07  REV 1   STh/ms  98 
 DG B - I   EN  2. Detailed rules shall be adopted in accordance with the procedure referred to in Article 
104(1) to determine w hat information is necessary for the application of paragraph 1 of this 
Article, as well as its form, content, timing and deadlines and the arrangements for 
transmitting or making information and documents available.  
 
Article 107  
Monitoring  
 
For the purpos es of applying this Regulation, Member States shall ensure that […] those  
administration and control procedures which relate to areas  are compatible with the integrated 
administration control system (IACS) as regards the following elements:  
(a) the comput erised data base;  
(b) the identification systems for agricultural parcels referred to in Article 20(1) of 
Regulation (EC) No  1782/2003;  
(c) the administrative checks . 
 
Those procedures shall allow, without any problems or conflicts, a common functioning o r the 
exchange of data with the IACS.  
 
Article 108  
Controls and administrative penalties and their reporting  
 
With the exception of the matter covered by Article 145(n)a) of Regulation (EC) No 1782/2003 
as introduced in Article 113 of this Regulation, the  following shall be adopted in accordance with 
the procedure referred to in Article 104(1): 
(a) the rules ensuring uniform application of Community provisions in the wine sector, in 
particular as regards controls , and rules governing the specific financial procedures 
for the improvement of controls;  
(b) the rules concerning administrative and physical controls to be conducted by the Member 
States with regard to the respect of obligations resulting from the application of this 
Regulation;   
 
16225/1/07  REV 1   STh/ms  99 
 DG B - I   EN  (c) a system for ap plying administrative penalties where non -compliances with any of the 
obligations resulting from the application of this Regulation is found, taking into account the 
severity, extent, permanence and repetition of the non -compliance found;  
 (d) the rules re garding recovery of undue payments resulting from the application of this 
Regulation;  
(e) the rules on reporting of the controls carried out as well as their results.  
 
Article 109  
Designation of responsible national authorities  
 
1. Without prejudice to Art icle 40,  Member States shall designate one or more authorities 
which shall be responsible for ensuring compliance with Community rules in the wine 
sector. In particular, Member States shall designate the laboratories authorised to carry out 
official analys es 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 laborator ies referred to in paragraph 1. The Commission shall make this information 
publicly available.  
 
Article 109a  
National aid for distillation in case 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 shall be proportionate and permit to address the crisis.  
 
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 II for that year.   
 
16225/1/07  REV 1   STh/ms  100 
 DG B - I   EN  4. Member States who wish to make use of the aid referred to in paragraph 1 shall 
submit a duly substantiated notification to the Commission. The decision on whether 
the measure is app roved and compensation can be granted shall be adopted in 
accordance with the procedure referred to in Article 104(1).  
 
5. The alcohol resulting from distillation referred to in paragraph 1 shall be used 
exclusively for industrial or energy purposes.  
 
Article 109b  
Report from the Commission  
 
The Commission will produce a report by the end of 2012 at the latest in particular taking 
into account the experience gained with the implementation of the reform.  
 
Article 110  
Implementing rules  
 
Detailed rules for t he implementation of this Title shall be adopted in accordance with the 
procedure referred to in Article 104(1). 
Those rules may in particular include:  
(a) details of the vineyard register provided for in Article  99 and in particular of its use 
concerning monitoring and control of the production potential;  
(b) details of the inventory provided for in Article  100 and in particular of its use concerning 
monitoring and control of the production potential;  
(c) details concerning the measurement of areas;  
(d) sanctions in case of non -compliance with the communication requirements;  
(e) the compulsory declarations provided for in Article 102;  
(f) the accompanying documents and the regis ter provided for in Article  103; 
(g) details on the national aid referred to in  Article 109a.  
  
 
16225/1/07  REV 1   STh/ms  101 
 DG B - I   EN  TITLE VII  
AMENDMENTS, TRANSITIONAL AND FINAL 
PROVISIONS  
 
Chapter I  
Amendments  
 
Article 110a  
Amendments to Regulation (EC) No  1493/1999  
 
In Article 2(3), first subparagraph of Regulati on (EC) No  1493/1999 the words " 31 July 2002 " 
are repla ced by the following:  
"31 July 2008".  
 
Article 111  
Amendments to Regulation (EC) No  […] 3/2008  
 
[…] Regulation (EC) No  […] 3/2008  is amended as follows : 
(1) In Article 2,  
- point […](c) of paragraph 1 is replaced by the following:  
"(c) information campaign s on the Community system covering wines with a 
protected designation of origin or geographical indication, wines with an indication of 
the wine grape variety and spirit drinks with a protected geographical indication […]; " 
- paragraph 2  is replaced by the  following:   
"2. On the internal market, the measures referred to in Article 1(1) may include 
actions of information on responsible drinking patterns and harm linked to 
hazardous alcohol consumption.  
 
On the internal market, eligible measures may also take  the form of participation 
in events, fairs and exhibitions of national and European importance, by means of 
stands aimed at enhancing the image of Community products. "  
 
16225/1/07  REV 1   STh/ms  102 
 DG B - I   EN   
(2) In Article 3 (1), point (e) is replaced by the following:  
"(e) the desirability of  providing information on the Community system covering wines 
with a protected designation of origin or geographical indication, wines with an 
indication of the wine grape variety and spirit drinks with a protected geographical 
indication  […]  and the need to inform on responsible drinking patterns and harm 
linked to […] hazardous  alcohol consumption;"  
 
(3) In Article […]13(2), the following subparagraph is added:  
"The percentage provided for in the first subparagraph shall be 60% for measures carried 
out in  the Community concerning information on responsible drinking patterns and harm 
linked to […] hazardous alcohol consumption." . 
 
Article 112  
[deleted, paragraphs 2 and 3moved to Article 111]  
 
Article 113  
Amendments to Regulation (EC) No  1782/2003  
 
Regulatio n (EC) No  1782/2003 is amended as follows:  
(1) In Article 33(1), point (a) is replaced by the following:  
"(a) they have been granted a payment in the reference period referred to in Article  38 
under at least one of the support schemes referred to in Annex  VI or, in the case of 
olive oil, in the marketing years referred to in the second subparagraph of 
Article  37(1) or, in the case of sugar beet, cane and chicory, if they have benefited 
from market support in the representative period referred to in point  K of Annex  VII 
or, in the case of bananas, if they have benefited from compensation for loss of 
income in the representative period referred to in point  L of Annex  VII or, in the case 
of fruit and vegetables, if they were producers of fruit and vegetable pro ducts in the 
representative period applied by Member States for those products pursuant to 
point  M of Annex  VII or, in the case of wine, if they have received a payment 
entitlement […] as referred to in point s N and O of Annex VII .".  
 
16225/1/07  REV 1   STh/ms  103 
 DG B - I   EN  (2) In Article 37(1),  the following subparagraph is added:  
"For wine the reference amount shall be calculated and adjusted in accord ance with point s N 
and O  of Annex  VII." . 
 
(3) In Article 41, the following paragraph (1b) is added:  
"(1b) In the case of wine and taking into acc ount the latest data made available to it by the 
Member States in accordance with [Article s 4a and  92(6)] of Regulation (EC) 
No [the wine  Regulation ], the Commission shall, in accordance with the procedure 
referred to in Article  144(2) of this Regulation, adapt the national ceilings set out in 
Annex  VIII to this Regulation.  By 15  September of the year preceeding the 
adaptation of the national ceilings Member States shall communicate to the 
Commission the regional average of the value of entitlements referre d to in 
point N of Annex VII. ". 
 
(4) In Article 43(2), the following point is inserted after point (a c): 
"(ad) in the case of wine, the number of hectares as calculated in accordance with point  N 
of Annex  VII;".  
 
(5) In Article 44, paragraph 2 is replaced by the following:  
"2. "Eligible hectare" shall mean any agricultural area of the holding [...]except areas 
under forests or used for non agricultural activities. ". 
 
(6) Article 51 is replaced by the following:  
"Article 51  
Agricultural use of the land  
Farme rs may use the parcels declared in accordance with Article  44(3)  for any agricultural 
activity."   
 
16225/1/07  REV 1   STh/ms  104 
 DG B - I   EN   
By way of derogation from the first subparagraph, Member States may decide by 1 
November 2007 that until a date to be fixed by the Member State but not later  than 31 
December 2010, the parcels in one or more regions of the Member States may continue 
not to be used for:  
(a) the production of one or more of the products referred to in Article 1(2) of 
Regulation (EC) No 2200/96 and in Article 1(2) of Regulation ( EC) No 2201/96. 
However in this case, Member States may decide to allow secondary crops to be 
cultivated on the eligible hectares during a period of maximum three months 
starting each year on 15 August; however, at the request of a Member State, 
this date is modified in accordance with the procedure laid down in Article 
144(2) for regions where cereals are normally harvested earlier for climatic 
reasons, and/or  
(b) the production of ware potatoes, and/or  
(c) nurseries." . 
 
(7) In Article 63(3), the following  subparagraph shall be added:  
 "With regard to the inclusion of the wine component in the single payment scheme, 
Member States may decide, by 1 April 2009, to apply the derogation provided for in 
the first subparagraph." . 
 
(8) In Article 71c, the following  paragraph is added:  
"In the case of wine and taking into account the latest data made available to it by the 
Member States in accordance with [Article s 4a and  92(6)] of Regulation (EC) No [ this 
Regulation ], the Commission shall, in accordance with the pro cedure referred to in Article 
144(2) of this Regulation, adapt the national ceilings set out in Annex VIIIa to this 
Regulation.  By 15  September of the year preceeeding the adaptation of the national 
ceilings Member States shall communicate to the Commissio n the regional average of 
the value of entitlements referred to in point N of Annex VII."  
  
 
16225/1/07  REV 1   STh/ms  105 
 DG B - I   EN  (9) In Article 145,  
- the following point is inserted after point (d)d):  
"(d)e) detailed rules relating to the inclusion of wine support into the single payment 
scheme in accordance with Regulation (EC) No  [the wine  Regulation ]."; 
 - the following point is inserted after point (n):  
"(n)a) with regard to wine, detailed rules relating to cross -compliance as laid 
down in Articles 14 and 93 of Regulation (EC) No [ the wi ne Regulation ].". 
 
(10) In the second column of Annex IV, the last indent is replaced by the following indent:  
"- Maintenance of olive groves and vines in good vegetative condition ". 
 
(11) After point M of Annex VII the following point s N and O are […]  added: 
"N. Wine  (grubbing -up) 
[… ] Farmers who participate in the grubbing -up scheme laid down in Chapter  III of 
Title  V of Regulation (EC) No  [the wine regulation ] shall be allocated, in the year 
following the grubbing up, payment entitlements equal to the n umber of hectares for 
which they have received a grubbing -up premium.  
 
The unit value of these payment entitlements shall be equal to the regional average of 
the value of the entitlements of the corresponding region. However, the unit value shall  
[…] in an y case not exceed EUR  350/ha.  
 
O. Wine (transfer from support programmes)  
Where Member States choose to provide support in accordance with Article 4a of 
Regulation (EC) No  [the wine regulation ], they shall establish the reference amount of 
each farmer as w ell as the applicable hectares referred to in Article 43(2):  
 
- on the basis of objective and non -discriminatory criteria;   
 
16225/1/07  REV 1   STh/ms  106 
 DG B - I   EN  - in respect of a representative reference period of one or more wine years 
starti ng from the wine year 2005/2006.  However, the ref erence criteria used to 
establish the reference amount and applicable hectares shall not be based on a 
reference period including wine years after the wine year 2007/2008 where the 
transfer in support programmes concerns compensation to farmers who have 
heretofore received support for potable alcohol distillation or have been the 
economic beneficiaries of the support for the use of concentrated grape must to 
enrich wine under Regulation (EC) No [ the wine regulation ]; 
- in conformity with the overall availab le amount for this measure referred to in 
Article 6(e) of Regulation (EC) No  [the wine regulation ]." 
 
(12) In Annex VIII,  
- an asterisk  is inserted after the word "Italy " in the first column of the table;  
- the following is added underneath the table:  
"* The amounts for Italy corresponding to years 200 8, 200 9 and 20 10 shall be 
reduced by EUR 20 mi llions  (see footnote to Annex II of Regulation (EC) No 
[the wine R egulation ].)". 
 
 
Article 114  
Amendments to Regulation (EC) No 1290/2005  
 
In Article 12 of Regula tion (EC) No  1290/2005, paragraph 2 is replaced by the following:  
"2. The Commission shall set the amounts which , pursuant to Articles  10(2), 143d and  143e of 
Regulation (EC) No  1782/2003, Article  4(1) of Council Regulation (EC) No  [...]378/2007  
and Articl e 17(2) of Council Regulation (EC) No  [this Regulation], are made available to 
the EAFRD. ". 
  
 
16225/1/07  REV 1   STh/ms  107 
 DG B - I   EN  Chapter II  
Transitional and final provisions  
 
Article 115  
[…] Provisions facilitating transition  
In accordance with the procedure referred to in Article 104(1), measures may be adopted:  
(a) to facilitate the transition from the arrangements provided for in Regulation (EC) 
No 1493/1999 to those established by this Regulation;  
(b) where required, to resolve specific practical problems. Such measures, if duly justifie d, may 
derogate from certain provisions of this Regulation.  
 
Article 116  
Applicability of State aid rules  
 
(1) Subject to paragraph 2, [...] Articles 87, 88 and 89 of the Treaty shall apply to the 
production of and trade in the products covered by this Regu lation.  
 
(2) Articles 87, 88 and 89 of the Treaty shall not apply to:  
(a) support referred to in Article 3 of this Regulation  including support financed in 
accordance Article 13d(5);  
 (b) […] complementary national aids referred  to in Article 97 […]; 
(c) national aid referred to in Article 109a.  
 
  
 
16225/1/07  REV 1   STh/ms  108 
 DG B - I   EN  Article 117  
Repeal s and transitional continued applicability  
 
1. Subject to paragraphs 2 and 3, Council Regulation (E EC) No  2392/86 and Regulation 
(EC)  No 1493/1999 are […] hereby repealed.  
 
Commission Regulatio n (EC) No 1227/2000 is hereby repealed.  
 
2. Chapters I and II of Title V, Title VI , Articles 18 and 70 and the corresponding 
provisions in particular in the relevant Annexes of Regulation (EC) 1493/1999 and 
Regulation (EC) 2392/86 shall continue to apply  until the corresponding Chapters of 
this Regulation start to apply in accordance with Article 118(2)(e).  
 
3. [...]T he following measures set out in […] Regulation (EC) 1493/1999 shall continue to 
apply […]in so far as measures eligible under Regulation (E C) No  1493/1999 have been 
commenced or undertaken by producers before 1 August 2008  […]: 
(a) the measures under Chapters II and III of Title  II (abandonment premiums and 
restructuring and conversion).  However, no support shall be paid after 15 October 
2008  under Chapter III of Title II of Regulation (EC) 1493/1999;  
(b) the measures under Title  III (market mechanisms);  
(c) the measures under Article  63 of Title  VII (exports refunds).  
 
[…] 
  
 
16225/1/07  REV 1   STh/ms  109 
 DG B - I   EN  Article 118  
Entry into force and applicability  
 
1. This Regulation s hall enter into force on the seventh day following that of its publication in 
the Official Journal of the European Union . 
 
2. It shall apply as from 1 August 2008, [...]except as follows:  
(a) Articles  5 to 8 [...] shall apply as from 30  [...]June  2008 ; 
(b) Article 110a shall apply from 1 January 2008;  
(c) Article 113 shall apply as from 1 January 2009;  
(d) Chapter III of Title V shall apply as from 30 June 2008;  
(e) […] Chapters II, III, IIIa , IIIb  and IV of Title III  […],  Articles 99, […] 102 and  
103 and t he corresponding provisions in particular in the relevant Annexes  of 
this Regulation shall […] apply  […]from 1 August […] 2009  save as otherwise 
provided by way of regulation to be adopted in accordance with the procedure 
referred to in Article 104 (1). 
 
3. Chapter II of Title V shall apply until 31  December  […] 2015 . 
 
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
 
Done at Brussels,  
 
 For the […]Council  
 […] The President  
 
_________________   
 
16225/1/07  REV 1   STh/ms  110 
ANNEX I  DG B - I   EN  ANNEX I  
Definitio ns 
 
The following definitions shall apply for the purposes of this Regulation:  
 
General  
1. "Wine year ": means the production year for the products covered by this Regulation. It 
begins on 1 August each year and ends on 31  July of the following year.  
 
Vine-related  
2. "Grubbing -up": means the complete elimination of all vine stocks on […] an area  planted 
with vines.  
 
3. "Planting ": means the definitive establishment of vine plants or parts of vine plants, 
whether or not grafted, with a view to producing grape s or to establishing a graft nursery.  
 
4. "Grafting -on": means the grafting of a vine which has already been subject to a previous 
grafting.  
 
Produce -related  
5. "Fresh grapes ": means the fruit of the vine used in making wine, ripe or even slightly 
raisined , which may be crushed or pressed by normal wine -cellar means and which may 
spontaneously produce alcoholic fermentation.  
 
6. "Fresh grape must with fermentation arrested by the addition of alcohol ": means a 
product which:  
(a) has an actual alcoholic stren gth [...] of not less than 12% vol. and not more than 15% 
vol.;  
 
16225/1/07  REV 1   STh/ms  111 
ANNEX I  DG B - I   EN  (b) is obtained by addition to unfermented grape must, which has a natural alcoholic 
strength [...]of not less than 8.5% vol. and is exclusively derived from wine grape 
varieties classifiable  according to [...] Article  18(1):  
- either  of neutral alcohol of vinous origin, including alcohol obtained from the 
distillation of dried grapes, having an actual alcoholic  strength  [...]of not less 
than […] 96%  vol.;  
- or of an unrectified product derived  from the distillation of wine and having an 
actual alcoholic strength  [...]of not less than 52% vol. and not more than 80% 
vol. 
 
7. "Grape juice ": means the unfermented but fermentable liquid product which:  
(a) is obtained by appropriate treatment renderi ng 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 stren gth [...]of the grape juice of not more than 1% vol. is permissible.  
 
8. "Concentrated grape juice ": means uncaramelised grape juice obtained by partial 
dehydration of grape juice carried out by any authorised method other than by direct heat in 
such a way  that the figure indicated by a refractometer used in accordance with a method to 
be prescribed at a temperature of 20  °C is not less than 50.9%.  
 
An actual alcoholic strength [...]of the concentrated grape juice of not more than 1% vol. is 
permissible.   
 
16225/1/07  REV 1   STh/ms  112 
ANNEX I  DG B - I   EN   
9. "Wine lees ": means:  
(a) the residue accumulating in vessels containing wine after fermentation, during 
storage or after authorised treatment;  
(b) the residue obtained from filtering or centrifuging the product referred to in point  (a); 
(c) the residue a ccumulating in vessels containing grape must during storage or after 
authorised treatment;  
(d) the residue obtained from filtering or centrifuging the product referred to in point  (c). 
 
10. "Grape marc ": means the residue from the pressing of fresh grapes,  whether or not 
fermented.  
 
11. "Piquette ": means a product obtained:  
(a) by the fermentation of untreated grape marc macerated in water;  
(b) by leaching fermented grape marc with water.  
 
12. "Wine fortified for distillation ": means a product which:  
(a) has an actual alcoholic strength [...]of not less than 18% vol. and not more than 24% 
vol.; 
(b) is obtained exclusively by the addition to wine containing no residual sugar of an 
unrectified product derived from the distillation of wine and having a maximum 
actual alcoholic strength [...]of 86% vol.;  
(c) has a maximum volatile acidity of 1.5  grams per litre, expressed as acetic acid.  
 
13. "Cuvée ": means:  
(a) the grape must;  
(b) the wine;  
(c) the mixture of grape musts and/or wines with different characteristi cs, intended 
for the preparation of a specific type of the sparkling wines.   
 
16225/1/07  REV 1   STh/ms  113 
ANNEX I  DG B - I   EN  Alcoholic strength  
14. "Actu al alcoholic strength by volume" : means the number of volumes of pure alcohol 
contained at a temperature of 20°  C in 100  volumes of the product at that  temperature.  
 
15. "Potential alcoholic strength by volume ": means the number of volumes of pure alcohol 
at a temperature of 20°  C capable of being produced by total fermentation of the sugars 
contained in 100  volumes of the product at that temperature.  
 
16. "Total alcoholic strength by volume ": means the sum of the actual and potential alcoholic 
strengths.  
 
17. "Natural alcoholic strength by volume ": means the total alcoholic strength by volume of 
a product before any enrichment.  
 
18. "Actual alcoholic str ength by mass ": means the number of kilograms of pure alcohol 
contained in 100  kilograms of product.  
 
19. "Potential alcoholic strength by mass ": means the number of kilograms of pure alcohol 
capable of being produced by total fermentation of the sugars co ntained in 100  kilograms of 
the product.  
 
20. "Total alcoholic strength by mass ": means the sum of the actual and potential alcoholic 
strength.  
  
 
16225/1/07  REV 1   STh/ms  114 
ANNEX II  DG B - I      EN  […] 
 
ANNEX II  
Budget for support programmes as referred to in Article  8(1) 
 
in 1 000 EUR  
Budget year  2009  2010 2011  2012  2013  From 2014 
onwards  
BG 15 608 21 234 22 022 27 077 26 742 26 762 
CZ 2 979 4 076  4 217 5 217 5 151  5 155 
DE 22 891 30 963 32 190 39 341 38 867 38 895 
EL 14 286 19 167 19 840 24 237 23 945 23 963 
ES 213 820 284 219 279 038 358 000 352 774 353 081 
FR 171 909 226 814 224 055 284 299 280 311  280 545 
IT* 218 223 278 263 274 135 341 174 336 736 336 997 
CY 2 749 3 704 3 801 4 689 4 643  4 646 
LT 30 37 45 45 45 45 
LU 344 467 485 595 587 588 
HU 16 816 23 014 23 809 29 455 29 081 29 103 
MT 232 318 329 407 401 402 
AT 8 038 10 888  11 313 13 846 13 678 13 688 
PT 37 802 51 627 53 457 65 989 65 160  65 208 
RO 42 100 42 100 42 100 42 100 42 100 42 100 
SI 3 522 4 820 4 987 6 169 6 091 6 095 
SK 2 938 4 022 4 160 5 147 5 082 5 085 
UK 160 221 227 284 280 280 
 
* The national ceilings in Annex VIII of Regulation (EC) No 1782/2003 for Italy corresponding to years 200 8, 
2009 and 20 10 are reduced by EUR 20 millions and those amounts shall be added to the amounts of the budget 
for the support programme f or Italy as regards budget  years 2009, 2010 and 2011 laid down in this table.  
 
  
 
16225/1/07  REV 1   STh/ms  115 
ANNEX III  DG B - I   EN  […] 
ANNEX III  
Budget allocation for Rural Development  […]  
(referred to in Article 17(3))  
in 1 000 EUR  
Budget year  2009  2010  From 
2011 
onwards  
BG - - - 
CZ - - - 
DE - - - 
EL - - - 
ES 15 479 30 959 46 438 
FR 11 837 23 673 35 510 
IT 13 148 26 296 39 444 
CY - - - 
LT - - - 
LU - - - 
HU - - - 
MT - - - 
AT - - - 
PT - - - 
RO - - - 
SI - - - 
SK - - - 
UK - - - 
 
  
 
16225/1/07  REV 1   STh/ms  116 
ANNEX IV  DG B - I   EN  ANNEX IV  
Categories of grapevine products  
 
1. Wine  
 
Wine sh all be the product obtained exclusively from the total or partial alcoholic fermentation of 
fresh grapes, whether or not crushed, or of grape must.  
 
Wine shall:  
 
(a) have, whether or not following application of the processes specified in point  B of 
Annex  V, an actual alcoholic strength  [...]of not less than 8.5% vol. provided that the wine 
derives exclusively from grapes harvested in wine -growing zones  A and  B […] referred to  
in Annex IX, and of not less than 9% vol. in other wine -growing zones;  
 
(b) have, by way of derogation from the otherwise applicable minimum actual alcoholic 
strength [...], where it has a protected designation of origin or geographical indication, 
whether or not following application of the processes specified in point  B of Annex  V, an 
actual alcoholic strength [...] of […] […] not less than 4.5%  vol.;  
 
(c) have a total alcoholic strength [...]of not more than 15% vol. . […]By way of derogation:  
- The upper limit for the total alcoholic strength [...] may reach  up to 20% vol. for 
wines  from certain wine -growing areas of the Community , to be decided in 
accordance with the proce dure referred to in Article 104 (2), which have been 
produced without any enrichment . 
- The upper limit for the total alcoholic strength may exceed  15% vol. for win es 
with a protected designation of origin which have been produced without 
enrichment ; 
  
 
16225/1/07  REV 1   STh/ms  117 
ANNEX IV  DG B - I   EN  (d) have, subject to derogations which may be adopted in accordance with the procedure 
referred to in Article 104 (2), a total acidity content, expressed as tartaric ac id, 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 per mitted solely for 
the purpose of obtaining "Retsina " wine under the conditions laid down in the Greek provisions 
applicable.  
 
By way of derogation from point (b) "Tokaji eszencia"  and "Tokajská esencia " […]are 
considered wine.  
 
2. New wine still in ferment ation  
 
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 strengt h [...]of not less than 15% vol. and not more than 22% 
vol.; 
 
(b) which has a total alcoholic strength [...]of not less than 17.5% vol., except for certain 
liqueur wines with a designation of origin or with a geographical indication appearing on a 
list to be drawn up in accordance with the procedure referred to in Article  [...]104 (2); 
  
 
16225/1/07  REV 1   STh/ms  118 
ANNEX IV  DG B - I   EN  (c) which  is obtained from:  
- grape must in fermentation, or  
 - wine, or  
 - a combination of the above products, or  
- grape must or a mixture thereof with wine in so far as liqueur wines, to be 
determined in accordance with the procedure referred to in Article  [...]104 (2), with a 
protected designation of origin or geographical indication are concerned.  
 
(d) which has an initial natural alcoholic strength [...]of not less tha n 12% vol. excepting certain 
liqueur wines with a designation of origin or with a protected geographical indication  
appearing on a list to be drawn up in accordance with the procedure referred to in 
Article  [...]104 (2); 
 
(e) to which has been added,  
(i) individually or in combination:  
- neutral alcohol of vine origin, including alcohol produced from the 
distillation of dried grapes, having an actual alcoholic strength [...]of not less 
than 96% vol.;  
- wine or dried grape distillate, having an actual alcoho lic strength [...]of not 
less than 52% vol. and not more than 86% vol.  
 
(ii) together with one or more of the following products where appropriate:  
- 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 fourths indent of point  (c). 
  
 
16225/1/07  REV 1   STh/ms  119 
ANNEX IV  DG B - I   EN  (f) to which, by way of derogation from point  (e), has been added, in so far as certain liqueur 
wines with a protected designation of origin or geographical indication  are concerned which 
appear on a list to be drawn up in accordance with the procedure referred to in 
Article  [...]104(2): 
(i) either of products listed in point  (e)(i) individually or in combination or;  
(ii) one or more of the following products:  
- wine alcohol or dried grape alc ohol with an actual alcoholic strength [...]of 
not less than 95% vol. and not more than 96% vol.;  
- spirits distilled from wine or from grape marc, with an actual alcoholic 
strength [...]of not less than 52% vol. and not more than 86% vol.;  
- spirits disti lled from dried grapes, with an actual alcoholic strength [...]of not 
less than 52% vol. and of less than 94.5% vol.;  
 (iii) and one or more of the following products, where appropriate:  
- partially fermented grape must obtained from raisined grapes;  
- concentrated grape must obtained by the action of direct heat, complying, 
with the exception of this operation, with the definition of concentrated grape 
must;  
- concentrated grape must;  
- a combination of one of the products listed in point  (f)(ii) with a gr ape 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 ; […] 
- from wine […];   
- […] 
  
 
16225/1/07  REV 1   STh/ms  120 
ANNEX IV  DG B - I   EN  (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 contai ners; 
 
(d) for which the total alcoholic strength of the cuvées intended for their preparation shall 
not be less than 8.5% vol. . 
 
5. Quality sparkling wine  
 
Quality sp arkling wine shall be the product:  
 
(a) which is obtained by first or second alcoholic fe rmentation:  
- from fresh grapes ; […] 
- from grape must ; […] 
- from wine ;  
 
(b) which, when the container is opened, releases carbon dioxide derived exclusively from 
fermentation;  
 
(c) which has an excess pressure, due to carbon dioxide in solution, of not less than 3.5 
bar when kept at a temperature of 20  °C in closed containers;  
 
(d) for which the total alcoholic strength of the cuvées  intended for their preparation shall 
not be less than 9% vol. .  
 
16225/1/07  REV 1   STh/ms  121 
ANNEX IV  DG B - I   EN  5bis.  Quality aromatic sparkling wine  
 
Quality aromatic sp arkling wines shall be the quality sparkling wine:  
 
(a) which is obtained only by making use, when constituting the cuvée , of grape must or 
grape must in fermentation which are derived from specific wine grape varieties on a 
list to be drawn up in accordan ce with the procedure referred to in Article 104 (2). 
Quality aromatic sparkling wines traditionally produced using wines when 
constituting the cuvée , shall be d etermined in accordance with the procedure referred 
to in Article 104 (2); 
 
(b) which has an exce ss pressure, due to carbon dioxide in solution, of not less than 3 bar 
when kept at a temperature of 20 ° C in closed containers;  
 
(c) of which the actual alcoholic strength may not be less than 6% vol.;  
 
(d) of which the total alcoholic strength may not be  less than 10 % vol..  
 
Specific rules concerning other supplementary characteristics or conditions of production 
and circulation shall be adopted in accordance with the procedure referred to in Article 
104(2). 
 
6. Aerated sparkling wine  
 
Aerated sparkling w ine shall be the product which:  
 
(a) is obtained from wine  without a protected designation of origin or a geographical 
indication ; 
 
(b) releases, when the container is opened, carbon dioxide derived wholly or partially from an 
addition of that gas;  
  
 
16225/1/07  REV 1   STh/ms  122 
ANNEX IV  DG B - I   EN  (c) has an excess pressure, due to carbon dioxide in solution, of not less than 3  bar when kept at 
a temperature of 20  °C in closed containers.  
 
7. Semi -sparkling wine  
 
Semi -sparkling wine shall be the product which:  
 
(a) is obtained from wine provided that suc h wine has a total alcoholic strength of not less than 
9% vol.;  
 
(b) has an actual alcoholic strength [...]of not less than 7% vol.;  
 
(c) has an excess pressure, due to endogenous carbon dioxide in solution of not less than 1  bar 
and not more than 2.5  bar when kept at a temperature of 20  °C in closed containers;  
 
(d) is put up in containers of 60  litres or less.  
 
8. Aerated semi -sparkling wine  
 
Aerated semi -sparkling wine shall be the product which:  
 
(a) is obtained from wine […]; 
 
(b) has an actual alcohol ic strength of not less than 7% vol. and a total alcoholic strength of not 
less than 9% vol.;  
 
(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 sol ution which has been 
wholly or partially added;  
 
(d) is put up in containers of 60  litres or less.  
  
 
16225/1/07  REV 1   STh/ms  123 
ANNEX IV  DG B - I   EN  9. Grape must  
 
Grape must shall be the liquid product obtained naturally or by physical processes from fresh 
grapes. An actual alcoholic strength [...]of the grape must of not more than 1% vol. is permissible.  
 
10. Partially fermented g rape must [...] 
 
Grape must in fermentation shall be the product obtained from the fermentation of grape must 
which has an actual alcoholic strength [...]of more than 1% vol. but less than three fifths of its total 
alcoholic strength by volume. […] 
 
11. Partially fermented g rape must [...]extracted from raisined grapes  
 
Grape must in fermentation extracted from raisined grapes shall be the product obtained from the 
partial ferm entation of grape must obtained from raisined grapes, the total sugar content of which 
before fermentation is at least 272  grams per litre and the natural and actual alcoholic strength 
[...]of which shall not be less than 8% vol. However, certain wines, to  be determined in accordance 
with the procedure referred to in Article  [...]104(2), that meet these requirements shall not be 
considered as grape must in fermentation extracted from raisined grapes.  
 
12. Concentrated grape must  
 
Concentrated grape must sha ll 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 pres cribed 
in accordance with Article  25 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% vol. is 
permissible.  
  
 
16225/1/07  REV 1   STh/ms  124 
ANNEX IV  DG B - I   EN  13. Rectified concentrated grape must  
 
Rectified conce ntrated 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 
accordan ce with a method to be prescribed in accordance with Article  25 at a temperature of 
20 °C is not less than 61.7%;  
 
(b) has undergone authorised treatment for de -acidification and elimination of constituents 
other than sugar;  
 
(c) has the following characte ristics:  
- a pH of not more than 5 at 25  ° Brix;  
- an optical density at 425  nm for a thickness of 1  cm of not more than 0.100 in grape 
must concentrated at 25  ° Brix;  
- a sucrose content undetectable by a method of analysis to be defined;  
- a Folin -Ciocal teu 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 mesoinos itol; 
 
[...]An actual alcoholic strength [...]of the rectified concentrated grape must of not more than 1% 
vol. is permissible.  
  
 
16225/1/07  REV 1   STh/ms  125 
ANNEX IV  DG B - I   EN  14. Wine from raisined grapes  
 
Wine from raisined grapes shall be the product which:  
 
(a) is produced without enrichment, from  grapes left in the sun or shade for partial 
dehydration;  
 
(b) has a total alcoholic strength of at least 16% vol. and an actual alcoholic strength of at 
least 9% vol.;  
 
(c) has a natural alcoholic strength of a least 16% vol. (or 272 grams sugar/litre).  
 
15. Wine of overripe grapes  
 
Wine of overripe grapes shall be [...]the  product which:  
 
(a) is produced […] without enrichment  […]; 
 
(b) has a natural alcoholic strength of more than 15% vol.;  
 
(c) has a total alcoholic strength of not less than [...]15 % vo l., and an actual alcoholic strength 
of not less than 12% vol.  
 
Member States may prescribe a period of ageing for this product.  
 
16. Wine vinegar  
 
Wine vinegar shall be vinegar which:  
 
(a) is obtained exclusively by acetous fermentation of wine;  
 
(b) has a total acidity of not less than 60  grams per litre expressed as acetic acid.  
  
 
16225/1/07  REV 1   STh/ms  126 
ANNEX V  DG B - I   EN  ANNEX V  
Enrichment, acidification and de -acidification in certain wine growing zones  
 
A. Enrichment limits  
 
1. Where climatic conditions have made it necessary in certain wine -growing zones of the 
Community […] referred to in  Annex IX, the Member States concerned may allow to 
supplement the natural alcoholic strength by volume of fresh grapes, grape must, grape 
must in fermentation, new wine still in fermentation and wine obtain ed from [...]wine grape 
varieties classifiable according to  Article 18(1).  
 
2. The increase in natural alcoholic strength by volume shall be achieved by means of the 
oenological practices referred to in point  B and shall not exceed the following limits:  
(a) […]3% vol. in wine -growing zone  A […]  […] referred to in  Annex IX;  
(b) 2% vol. in wine -growing zone  B […] referred to in Annex IX;  
(c) 1,5% vol. in wine -growing zones  C […] referred to in  Annex IX.  
 
3. In years when climatic conditions have been except ionally unfavourable  Member States 
may request that the limit(s) laid down in point 2 be raised by 0 ,5%.  The respective 
decision shall be taken  […]  in accordance with the procedure referred to in Article 
[...]104 (1)[…]. 
 
B. Enrichment processes  
 
1. The i ncrease 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 concentrat ed 
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.   
 
16225/1/07  REV 1   STh/ms  127 
ANNEX V  DG B - I   EN  2. The p rocesses referred to in point 1 shall be mutually exclusive  where wine or grape must 
is enriched with concentrated grape must or rectified concentrated grape must and an 
aid is paid under Article 13e of this Regulation.  
 
2a. The addition of sucrose provide d for in paragraph 1(a) and (b) may only be performed 
by dry sugaring and only in the following areas:  
(a) wine -growing zone A referred to in Annex IX,  
(b) wine -growing zone B referred to in Annex IX,  
(c) wine -growing zone C referred to in Annex IX, with t he exception of vineyards 
in Italy, Greece, Spain, Portugal, Cyprus and vineyards in the French 
departments under jurisdiction of  the courts of appeal of:  
- Aix-en-Provence,  
- Nîmes,  
- Montpellier,  
- Toulouse,  
- Agen,  
- Pau,  
- Bordeaux,  
- Bastia.  
 
3. The a ddition 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 fermentation 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 Annex IX.  
 
4. The concentration of grape must or of wine subjected to the processes referred to in point 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)(b), not increase the natural alcoholic strength 
[...]of these products by more than 2% vol.   
 
16225/1/07  REV 1   STh/ms  128 
ANNEX V  DG B - I   EN   
5. The processes referred to in points 1 and [...] 4 shall not raise the total alcoholic  strength 
[...]of the fresh grapes, grape must, grape must in fermentation, new wine still in 
fermentation, or wine:  
(a) in wine -growing zone  A […] referred to in  Annex IX to more than 11.5% vol.,  
(b) in wine -growing zone  B […] referred to in  Annex IX to more than 12% vol.,  
(c) in wine -growing zones  C I […] […] referred to in  Annex IX to more than 12.5% 
vol., 
(d) in wine -growing zone  C II […] referred to in  Annex IX to more than 13% vol. and  
(e) in wine -growing zone  C III […] referred to in  Annex IX to m ore than 13.5% vol.  
 
6. By way of derogation from point [...]5 , Member States may  
(a) for red wine raise the upper limit of total alcoholic strength [...]of the products 
referred to in point 4 to 12% vol. in wine -growing zone  A and 12.5% vol. in wine -
growi ng zone  B […] referred to in  Annex IX;  
(b) raise the total alcoholic strength by volume of the products referred to in point 4 for 
the production of wines with a designation of origin [...]to a level to be determined 
by Member States.   
 
16225/1/07  REV 1   STh/ms  129 
ANNEX V  DG B - I   EN   
C. Acidification an d de-acidification  
 
1. Fresh grapes, grape must, grape must in fermentation, new wine still in fermentation and 
wine may be subject to:  
(a) [...]de-acidification in wine -growing zones  A, B, C  I […] […] referred to in  Annex 
IX; 
(b) acidification and de -acidification in wine -growing zones  C I, C II and C  III (a) […] 
referred to in  Annex IX, without prejudice to point  7; or 
(c) acidification in wine -growing zone  C III (b) […] referred to in  Annex IX.  
 
2. Acidification of the products, other than wine, referred  to in point 1 may be carried out only 
up to a limit of 1.50  g/l expressed as tartaric acid, or 20  milliequivalents per litre.  
 
3. Acidification of wines may be carried out only up to a limit of 2.50  g/l expressed as tartaric 
acid, or 33.3  milliequivalents  per litre.  
 
4. De-acidification of wines may be carried out only up to a limit of 1  g/l expressed as tartaric 
acid, or 13.3  milliequivalents per litre.  
 
5. Grape must intended for concentration may be partially de -acidified.  
 
6. Point 1 notwithstanding,  in years when climatic conditions have been exceptional, 
Member States may authorise acidification of the products referred to in point 1 in wine -
growing zones  A and B, […] […] referred to in  Annex IX, under the conditions referred 
to in […] points 2 and 3  […]. 
 
7. Acidification and enrichment, except by way of derogation to be decided […] in 
accordance with the procedure referred to in Article 104(2), and acidification and de -
acidification of one and the same product shall be mutually exclusive processes.   
 
16225/1/07  REV 1   STh/ms  130 
ANNEX V  DG B - I   EN  D. Processes  
 
1. None of the processes referred to in points  B and C, with the exception of the acidification 
and de -acidification of wines, shall be authorised unless carried out, under conditions to be 
determined in accordance with the procedure referred  to in Article [...]104 (2) of this 
Regulation, at the time when the fresh grapes, grape must, grape must in fermentation or 
new wine still in fermentation are being turned into wine or into any other beverage 
intended for direct human consumption referred to in Article  1(1) other than sparkling wine 
or aerated sparkling wine in the wine -growing zone where the fresh grapes used were 
harvested.  
 
2. The concentration of wines shall take place in the wine -growing zone where the fresh 
grapes used were harvested.  
 
3. Acidification and de -acidification of wines shall take place only in the wine making 
undertaking and in the wine -growing zone where the grapes used to produce the wine in 
question were harvested.  
 
4. Each of the processes referred to in points 1, 2 an d 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 in accordance with the procedure referred to in Article 
[...]104 (2), 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 point s B and  C shall be recorded on the accompanying 
document, as provided fo r in Article 103, under cover of which the products having 
undergone the processes are put into circulation.   
 
16225/1/07  REV 1   STh/ms  131 
ANNEX V  DG B - I   EN  6. Those processes, subject to derogations justified by exceptional climatic conditions, shall 
not be carried out:  
(a) in wine -growing zone  C […] referred to in  Annex IX after 1  January;  
(b) in wine -growing zones  A and B […] referred to in  Annex IX  after 16  March and  
 
 they shall be carried out only for products of the grape harvest immediately preceding those 
dates.  
 
7. Notwithstanding point 6, con centration by cooling and acidification and de -acidification of 
wines may be practised throughout the year.  
  
 
16225 /1/07 REV 1   STh/ms  132 
ANNEX VI  DG B - I   EN  ANNEX VI  
Restrictions  
 
A. General  
 
1. All authorised oenological practises shall exclude the addition of water, except where 
required on account o f a specific technical necessity.  
 
2. All authorised oenological practises shall exclude the addition of alcohol, except for 
practices related to obtaining fresh grape must with fermentation arrested by the 
addition of alcohol, liqueur wine, sparkling wine , wine fortified for distillation and 
semi-sparkling wine.  
 
3. Wine fortified for distillation shall only be used for distillation.  
 
B. Fresh grapes, grape must and grape juice  
 
1. Fresh grape must in which fermentation is arrested by the addition of alcoh ol 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 pro ducts 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 provis ions of points 1 and 2 shall not apply to products intended for the 
production, in the United Kingdom, Ireland and in Poland, of products falling within 
CN code 2206  00 for which Member States may allow the use of a composite name 
including the sales desig nation “wine”.   
 
16225 /1/07 REV 1   STh/ms  133 
ANNEX VI  DG B - I   EN  4. Grape must in fermentation extracted from raisined grapes, shall be put on the market 
only for the manufacture of liqueur wines only in the wine -growing regions where this 
usage was traditional on 1 January 1985, and for the manufacture of wine of overripe 
grapes.  
 
5. Subject to any different decision the Council may take in accordance with the 
international obligations of the Community, fresh grapes, grape must, grape must in 
fermentation, concentrated grape must, rectified concentrated grape must, grape must 
with fermentation arrested by the addition of alcohol, grape juice , […] concentrated 
grape juice and wine , or mixtures  of the said products, originating in third countries 
may not be turned into products referred to in Annex IV  […] or added to […] such 
products  in the territory of the Community.  
 
C. Blending of wines  
 
Subject to any different decision the Council may take in accordance with the international 
obligations of the Community, coupage of a wine originating in a third countr y with a 
Community wine and coupage between wines originating in third countries shall be prohibited 
in the Community.  
 
D. By-products  
 
1. Over -pressing of grapes shall be prohibited. Member States shall decide, taking 
account of local and technical condit ions, the minimum quantity of alcohol […] that 
shall be contained in the marc and the lees after pressing of the 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.  Member States may decide to request a residual 
alcohol content in relation to the volume of alcohol contained in the wine 
produced that is higher than those 5%. […] 
  
 
16225 /1/07 REV 1   STh/ms  134 
ANNEX VI  DG B - I   EN  2. Except for alcohol, spirits a nd piquette, wine or any other beverage intended for direct 
human consumption shall not be produced from wine lees or grape marc. The pouring 
of wine onto lees or grape marc or pressed aszú pulp shall be allowed under 
conditions to be determined in accorda nce with the procedure referred to in 
Article 104 (2) where this practice is traditionally used for the production of 
"Tokaji fordítás " and "Tokaji máslás " in Hungary and "Tokajský forditáš"  and 
"Tokajský mášláš" in Slovakia.  
 
3. The pressing of wine lees a nd the re -fermentation of grape marc for purposes other 
than distillation or production of piquette is prohibited. Filtering and centrifuging of 
wine lees shall not be considered as pressing where the products obtained are of sound, 
genuine and merchantabl e quality.  
 
4. Piquette, where its production is authorised by the Member State concerned, shall be 
used only for distillation or for consumption in wine -producers’ households.  
 
5. Without prejudice to the possibility for Member States to decide to requir e 
disposal of by -products by way of distillation, any  […]  natural or legal persons or 
groups of persons who hold by -products shall be required to dispose of them [...] 
subject to conditions to be determined in accordance with the procedure referred to in 
Article  [...]104 (2). 
  
 
16225/1/07  REV 1   STh/ms  135 
ANNEX VII  DG B - I   EN  ANNEX VII  
Budget for grubbing -up scheme  
 
The budget available for the grubbing -up scheme referred to in Article 92(3) shall be:  
(a) for the wine year 2008/2009 (2009 budget year): EUR 464 million  
(b) for the wine year 2009/2010 (2010 budget year): EUR 334 million  
(c) for the wine year 2010/2011 (2011 budget year): EUR 276 million . 
[...] 
 
  
 
16225/1/07  REV 1   STh/ms  136 
ANNEX VIII  DG B - I   EN  ANNEX VIII  
Areas which Member States may declare ineligible for the grubbing -up scheme  
 
(referred to in Article 94(1) , (2) and ( 4)) 
in ha 
Member St ate Total area  
planted with vines  Areas referred to in 
Article  94(4) 
BG 135 760 [...]4 073  
CZ 19 081 [...]572  
DE 102 432 [...]3 073  
EL 66 682 [...]2 000  
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  
[…] […] […]  
 
16225/1/07 REV 1   STh/ms  137 
ANNEX IX  DG B - I   EN  ANNEX IX  
Wine -growing zones  
 
The wine -growing zones to which reference is ma de in Annex  IV and Annex  V shall be the 
following:  
 
1. Wine -growing zone A comprises:  
(a) in Germany: the areas […] planted with  vines other than those included in wine -
growing zone  B; 
(b) in Luxembourg: the Luxembourg wine -growing region;  
(c) in Belgium, Denmark, Ireland, the Netherlands, Poland, Sweden and the United 
Kingdom: the wine -growing areas of these countries;  
(d) in the Czech Republic: the wine growing region of echy.  
 
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 Sa voie: 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 arrondisse ment 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 point  1(d);   
 
16225/1/07 REV 1   STh/ms  138 
ANNEX IX  DG B - I   EN  (e) in Slovakia, the areas p lanted with vines in the following regions: Malokarpatská 
vinohradnícka oblast', Južnoslovenská vinohradnícka oblast' , Nitrianska 
vinohradnícka oblast', Stredoslovenská vinohradnícka oblast' a 
Východoslovenská vinohradnícka oblast' and the wine growing areas not included 
in point  3; 
(f) in Slovenia, the areas […] planted with  vines in th e following regions:  
- in the Podravje region:  Štajerska Slovenija, Prekmurje [...] ;  
- in the Posavje region:  Bizeljsko Sremi, Dolenjska and Bela krajina , and 
the areas […] planted with  vines in the regions not included in point  5(d);  
(g) in Romania, in  the area of Podi ul Transilvaniei.  
 
3. Wine -growing zone C I […] comprises:  
(a) in France, areas planted with vines:  
- in the following departments: Allier, Alpes -de-Haute -Provence, Hautes -
Alpes, Alpes -Maritimes, Ariège, Aveyron, Cantal, Charente, Charent e-
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, Buzet, 
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 vi nes in the Valle d'Aosta region and in the 
provinces of Sondri o, Bolzano, Trento and Belluno;  
(c) in Spain, areas […] planted with  vines in the provinces of A Coruña, Asturias, 
Cantabria, Guipúzcoa and Vizcaya;   
 
16225/1/07 REV 1   STh/ms  139 
ANNEX IX  DG B - I   EN  (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 ‘Reg ião viticola da Extremadura’;  
(e) in Hungary, all areas planted with vines;   
(f) in Slovakia, areas planted with vines in the […]Vinohradnícka oblast' Tokaj ; 
(g) in Romania, areas planted with vines not included in points 2(g) or  4(f). 
 
[…] 
 
4. Wine -growi ng 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 cantons of Dieulefit, Lor iol, 
Marsanne and Montélimar in the department of Drôme;  
- in those parts of the department of Ardèche not listed in point  3(a);  
(b) in Italy, areas planted with vines in the following regions: Abruzzi, Campagnia, 
Emilia -Romagna, Friuli -Venezia Giulia, Laz io, 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;   
 
16225/1/07 REV 1   STh/ms  140 
ANNEX IX  DG B - I   EN  (c) in Spain, areas planted with vines in the following provinces:  
- Lugo, Orense, Pontevedra,  
- Ávilla (except for the communes which correspond to the designated wine 
‘comarca’ of Cebreros), Burgos, León, Palencia , Salamanca, Segovia, Soria, 
Valladolid, Zamora,  
- La Rioja,  
- Álava,  
- Navarra,  
- Huesca,  
- Barcelona, Girona, Lleida;  
- in that part of the province of Zaragoza which lies to the north of the river 
Ebro;  
- in those communes of the province of Tarragona included in the Penedés 
designation of origin.  
- in that part of the province of Tarragona which corresponds to the designated 
wine ‘comarca’ of Conca de Barberá.  
(d) in Slovenia, areas planted with vines in the following regions: [...] Brda or Goriška 
Brda , Vipavska dolina or Vipava, Kras and Slovenska Istra ; 
(e) in Bulgaria, areas planted with vines  in the following regions: Dunavska Ravnina 
  
(f) in Romania, areas planted with vines in the following regions: Dealurile Buzului, 
Dealu Mare, Severinului and Plaiur ile Drâncei, Colinele Dobrogei, Terasele Dunrii, 
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, 
Greve na, 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 pla nted with vines not included in point  4(e).  
 
16225/1/07 REV 1   STh/ms  141 
ANNEX IX  DG B - I   EN  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 comm unes (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 w ith vines not listed in point 5; 
(d) in Spain: areas planted with vines not included in  3(c) or 4(c); 
(e) in Portugal, areas planted with vines in the regions not included in wine -growing 
zone  C I […]; 
(f) in Cyprus, areas planted with vines located at alt itudes 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, fo r 
Spain, from the national provisions in force on 1  March  1986 and, for Portugal, from the 
national provisions in force on 1  March  1998.  
 
________________