I
(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)
REGULATIONS
COUNCIL REGULATION (EC) No 479/2008
of 29 April 2008
on the common organisation of the market in wine, amending Regulations (EC) No 1493/1999, (EC)
No 1782/2003, (EC) No 1290/2005, (EC) No 3/2008 and repealing Regulations (EEC) No 2392/86 and
(EC) No 1493/1999
TABLE OF CONTENTS
TITLE I INTRODUCTORY PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
TITLE II SUPPORT MEASURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Chapter I Support programmes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Section 1 Introductory Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Section 2 Submission and content of support programmes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Section 3 Specific support measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Section 4 General provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Chapter II Financial transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
TITLE III REGULATORY MEASURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Chapter I General rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Chapter II Oenological practices and restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Chapter III Designations of origin, geographical indications and traditional terms . . . . . . . . . . . . . . . . . . . . . . 17
Chapter IV Designations of origin and geographical indications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Section 1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Section 2 Application For protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Section 3 Procedure conferring protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Section 4 Specific cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Section 5 Protection and control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Section 6 General provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226.6.2008 EN Official Journal of the European Union L 148/1Chapter V Traditional terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Chapter VI Labelling and presentation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Chapter VII Producer and inter-branch organisations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
TITLE IV TRADE WITH THIRD COUNTRIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Chapter I Common provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Chapter II Import and export licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Chapter III Safeguard and inward and outward processing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Chapter IV Rules applying to imports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
TITLE V PRODUCTION POTENTIAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Chapter I Unlawful plantings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Chapter II Transitional planting right regime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Chapter III Grubbing-up scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
TITLE VI GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
TITLE VII AMENDMENTS, TRANSITIONAL AND FINAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Chapter I Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Chapter II Transitional and final provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Commu-
nity, and in particular Articles 36 and 37 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the European Economic and
Social Committee (2),
Whereas:
(1) The Community regime applying 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 inwine (
3) and its implementing regulations.
(2) Wine consumption in the Community has been steadily
diminishing and the volume of wine exported from theCommunity since 1996 has been increasing at a much
slower rate than the respective imports. This has led to adeterioration of the balance between supply and demandwhich in turn puts producers' prices and incomes underpressure.
(3) Not all the instruments currently included in Regulation
(EC) No 1493/1999 have proved effective in steering the
wine sector towards a competitive and sustainable devel-opment. The market mechanism measures have oftenproved mediocre in terms of cost effectiveness to the extentthat they have encouraged structural surpluses withoutrequiring structural improvements. Moreover, some of theexisting regulatory measures have unduly constrained theactivities of competitive producers.
(4) Thus the current legal framework does not appear to enable
the objectives set out in Article 33 of the Treaty, and in
particular stabilising the wine market and ensuring a fairstandard of living for the agricultural community con-cerned, to be attained in a sustainable manner.
(5) In the light of the experience gained it is therefore
appropriate fundamentally to change the Community
regime applying to the wine sector with a view to achievingL 148/2 EN Official Journal of the European Union 6.6.2008
(1) Opinion of 12 December 2007 (not yet published in the Official
Journal).
(2) Opinion of 12 December 2007 (not yet published in the Official
Journal).
(3) OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Regulation
(EC) No 1234/2007 (OJ L 299, 16.11.2007, p. 1).the following objectives: increasing the competitiveness of
the Community's wine producers; strengthening thereputation of Community quality wine as the best in theworld; recovering old markets and winning new ones in theCommunity and worldwide; creating a wine regime thatoperates through clear, simple and effective rules thatbalance supply and demand; creating a wine regime thatpreserves the best traditions of Community wine produc-tion, reinforcing the social fabric of many rural areas, andensuring that all production respects the environment. It istherefore appropriate to repeal Regulation (EC) No 1493/1999 and to replace it by this Regulation.
(6) This Regulation has been preceded by an evaluation and
consultation process to better identify and target the needs
of the wine sector. An external evaluation report wascommissioned and published in November 2004. To givestakeholders an opportunity to express their opinions, the
Commission organised a seminar on 16 February 2006. A
communication from the Commission Towards a sustainable
European wine sector was published on 22 June 2006 along
with an impact assessment listing a number of options for areform of the wine sector.
(7) From July to November 2006, discussions took place at
Council level. In December 2006, the European Economic
and Social Committee and the Committee of the Regionsadopted reports on the proposed wine reform options asset out in the communication from the Commission. On15 February 2007, the European Parliament adopted itsown-initiative report on the communication outliningconclusions which have been taken into account in thisRegulation.
(8) Council Regulation (EC) No 1234/2007 of 22 October
2007 establishing a common organisation of agricultural
markets and on specific provisions for certain agriculturalproducts (Single CMO Regulation) (
1) should eventually
cover the wine sector as well. The Single CMO Regulationincludes provisions of a horizontal nature, in particular ontrade with third countries, competition rules, controls andpenalties, exchange of information between the Commis-sion and the Member States. To allow for easy futureincorporation into the Single CMO Regulation, the
provisions of this Regulation dealing with these horizontal
issues should be aligned as much as possible on thosecontained in the Single CMO Regulation.
(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 Commu-nity, it should be left to Member States to select theappropriate set of measures to meet the needs of theirregional bodies, taking their particularities into account,where necessary, as well as to integrate them into national
support programmes. Member States should be responsiblefor the implementation of such programmes.
(10) The financial key to allocating the funds for the national
support programmes among Member States should be
related to the historical share of the wine budget as themain criterion, the area planted with vines and thehistorical production. However, this key should be adjustedwith respect to situations where using the historical share ofthe wine budget as the main criterion would lead to anundue distribution of the funds.
(11) One key measure eligible for national support programmes
should be the promotion and marketing of Community
wines in third countries. Restructuring and conversionactivities should continue to be covered on account of theirpositive structural effects on the wine sector. Supportshould also be available for investments in the wine sectorwhich are geared towards improving the economicperformance of the enterprises as such. Support for by-product distillation should be a measure available toMember States which desire to use such an instrument toensure the quality of wine, while preserving the environ-ment.
(12) 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.
(13) Keeping some traditional measures for a transitional period
is justified so as to alleviate the otherwise abrupt
termination of the usual market measures so far financedthrough Community funds. The measures concerned aresupport for potable alcohol distillation, support for crisisdistillation and support for the use of concentrated grapemust.
(14) Lastly, for various reasons Member States may prefer
granting decoupled aid under the Single Payment Scheme
to farmers. This possibility should therefore be open toMember States, and because of the particularities of theSingle Payment Scheme any such transfer should beirreversible and reduce correspondingly the budget avail-
able for the national support programmes in subsequent
years.
(15) The financing of the eligible measures by the Community
should, where practicable, be dependent on compliance by
the producers concerned with certain environmental rulesin force. Any non-compliance detected should give rise tocorresponding reductions in payments.6.6.2008 EN Official Journal of the European Union L 148/3
(1) OJ L 299, 16.11.2007, p. 1. Regulation as last amended by
Regulation (EC) No 248/2008 (OJ L 76, 19.3.2008, p. 6).(16) Support for the wine sector should also come from
structural measures under Council Regulation (EC)
No 1698/2005 of 20 September 2005 on support forrural development by the European Agricultural Fund forRural Development (EAFRD) (
1).
(17) The following measures pursuant to Regulation (EC)
No 1698/2005 should be of interest for the wine sector:
setting up of young farmers and investments in technicalfacilities and marketing improvements, vocational training,information and promotion support for producers' orga-nisations after entering quality schemes, agri-environmentsupport, early retirement to be granted to farmers whodecide to stop all commercial farming activity for thepurpose of transferring the holding to other farmers.
(18) In order to increase the financial means available under
Regulation (EC) No 1698/2005, a gradual transfer of funds
to the budget under that Regulation should be put intoplace where the relevant amounts are sufficiently impor-tant.
(19) Certain regulatory measures should apply in the wine
sector, in particular for reasons of health, quality and
consumer expectations.
(20) Member States producing more than 50 000 hectolitres per
year should continue to be responsible for classifying the
wine grape varieties from which wine may be made on theirterritories. Certain wine grape varieties should be excluded.
(21) Certain products covered by this Regulation should be
marketed in the Community in accordance with a specific
classification of grapevine products and the correspondingspecifications.
(22) 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 productionmethods are met. For reasons of flexibility, keeping thosepractices updated and approving new ones should be takencare of at the level of implementing measures except in thepolitically sensitive areas of enrichment and acidification,for which the Council should remain competent as regardschanges.
(23) 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 concentratedgrape must to wine or sucrose where this has beenpermitted. The limits on permitted enrichment incrementsshould be made stricter than has been the case to date.(24) In view of the poor quality of wine obtained from over-
pressing, this practice should be prohibited.
(25) In order to meet the international standards in this field, theCommission should as a general rule base itself on the
oenological practices recommended by the InternationalOrganisation of Vine and Wine (OIV).
(26) Coupage of a wine originating in a third country with a
Community wine and coupage between wines originating
in third countries should continue to be prohibited in theCommunity. Similarly, certain types of grape must, grapejuice and fresh grapes originating in third countries shouldnot be turned into wine or added to wine in the territory ofthe Community.
(27) 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 forconsumers via protected designations of origin andgeographical indications, although the current system isnot fully developed in this respect. In order to allow for atransparent and more elaborate framework underpinningthe claim to quality by the products concerned, a regimeshould be established under which applications for adesignation of origin or a geographical indication areexamined in line with the approach followed under theCommunity's horizontal quality policy applicable to food-stuffs other than wine and spirits in Council Regulation(EC) No 510/2006 of 20 March 2006 on the protection ofgeographical indications and designations of origin foragricultural products and foodstuffs (
2).
(28) In order to preserve the particular quality characteristics of
wines with a designation of origin or a geographical
indication, Member States should be allowed to apply more
stringent rules in that respect.
(29) To qualify for protection in the Community, designations of
origin and geographical indications should be recognised
and registered at Community level. To ensure that therespective names meet the conditions laid down by thisRegulation, applications should be examined by thenational authorities of the Member State concerned, subjectto compliance with minimum common provisions, includ-ing a national objection procedure. The Commissionshould subsequently scrutinize these decisions to ensurethat applications satisfy the conditions laid down by thisRegulation and that the approach is uniform across theMember States.L 148/4 EN Official Journal of the European Union 6.6.2008
(1) OJ L 277, 21.10.2005, p. 1. Regulation as last amended by
Regulation (EC) No 146/2008 (OJ L 46, 21.2.2008, p. 1).(2) OJ L 93, 31.3.2006, p. 12. Regulation as amended by Regulation
(EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).(30) Protection should be open to designations of origin and
geographical indications of third countries where these are
protected in their country of origin.
(31) The registration procedure should enable any natural or
legal person having a legitimate interest in a Member State
or a third country to exercise his rights by notifying hisobjections.
(32) Registered designations of origin and geographical indica-
tions should enjoy protection against uses which unduly
take advantage of the reputation that complying productscommand. So as to promote fair competition and not tomislead consumers, this protection should also affectproducts and services not covered by this Regulation,including those not found in Annex I to the Treaty.
(33) Procedures should be provided for to permit 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.
(34) The designations of origin and geographical indications
protected on Community territory should be subject to
controls, where possible in compliance with Regulation(EC) No 882/2004 of the European Parliament and of theCouncil of 29 April 2004 on official controls performed toensure the verification of compliance with feed and foodlaw, animal health and animal welfare rules (
1), including a
system of checks to ensure compliance with the productspecifications of the wines concerned.
(35) Member States should be authorised to charge a fee to cover
the costs incurred, including those incurred in examining
applications for protection, statements of objections,applications for amendments and requests for cancellationsunder this Regulation.
(36) Existing designations of origin and geographical indications
in the Community should for reasons of legal certainty be
exempt from the application of the new examination
procedure. The Member States concerned should, however,
provide the Commission with the basic information andacts under which they have been recognised at nationallevel failing which they should lose their protection asdesignations of origin or geographical indications. Thescope for cancellation of existing designations of origin andgeographical indications should be limited for reasons oflegal certainty.(37) Quality policy is regulated at national level in certain
Member States according to national provisions and
practices. Such provisions and practices may continue.
(38) Certain terms are traditionally used in the Community and
convey information to consumers about particularities and
quality of wines complementing the information conveyedby designations of origin and geographical indications. Soas to ensure the working of the internal market and faircompetition and to avoid consumers being misled, thosetraditional terms should be eligible for protection in theCommunity.
(39) The description, designation and presentation of products
covered by this Regulation can have significant effects on
their marketability. Differences between the laws of theMember States on the labelling of wine products mayimpede the smooth functioning of the internal market.
(40) Rules should therefore be laid down which take into
account the legitimate interests of consumers and produ-
cers. For this reason, Community rules concerning labellingare appropriate.
(41) These rules should provide for the obligatory use of certain
terms so as to identify the product in accordance with the
sales categories and provide consumers with certainimportant items of information. The use of certain otheroptional pieces of information should also be addressed atCommunity level.
(42) Save as otherwise provided, labelling rules in the wine
sector should be complementary to those laid down in
Directive 2000/13/EC of the European Parliament and ofthe Council of 20 March 2000 on the approximation of thelaws of the Member States relating to the labelling,presentation and advertising of foodstuffs (
2), which apply
horizontally. Experience has shown that a differentiation interms of labelling rules according to the category of wineproduct is often not expedient. The rules should thereforein principle apply to all the different categories of wine,including imported products. In particular, they shouldallow the indication of a wine grape variety and a vintageon wines without a designation of origin or a geographicalindication, subject to requirements and exceptions con-cerning the veracity of the labelling and the respectivemonitoring as well as the risk of confusion of consumers.
(43) 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 atCommunity level. Their usefulness should lie in the scope6.6.2008 EN Official Journal of the European Union L 148/5
(1) OJ L 165, 30.4.2004, p. 1; corrected by OJ L 191, 28.5.2004, p. 1.
Regulation as last amended by Council Regulation (EC) No 301/2008 (OJ L 97, 9.4.2008, p. 85). (2) OJ L 109, 6.5.2000, p. 29. Directive as last amended by Commission
Directive 2007/68/EC (OJ L 310, 28.11.2007, p. 11).and efficiency of the services they offer to their members.
The same holds true for inter-branch organisations.Member States should therefore recognise organisationswhich meet certain requirements defined at Communitylevel.
(44) 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 decisionsshould, however, exclude practices which could distortcompetition.
(45) 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 andshould, in principle, stabilise the Community market. Thetrading system should be based on the Community'sinternational obligations, in particular those flowing fromthe World Trade Organisation (WTO) agreements.
(46) 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 shouldbe taken by the Commission taking account of the need forimport and export licences for managing the marketsconcerned and, in particular, for monitoring the imports ofthe products in question. General conditions concerningsuch licences should, however, be laid down in thisRegulation.
(47) 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 aregranted are carried out.
(48) 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 mechanismcould, in exceptional circumstances, prove to be inadequate.In such cases, in order not to leave the Community marketdefenceless against possible disturbances, the Communityshould be able to take all necessary measures without delay.Such measures should comply with the internationalcommitments of the Community.
(49) In order to prevent or counteract adverse effects on the
Community market which could result more particularly
from imports of grape juice and grape must products, such
imports should be subject to payment of an additional duty,
if certain conditions are fulfilled.
(50) To ensure the proper functioning of the market in wine
and, in particular, avoid market disturbances, the possibility
of prohibiting the use of inward and outward processingarrangements should be provided for. To succeed, this typeof market management instrument usually needs to beapplied without major delays. The Commission shouldtherefore be entrusted with the relevant powers.(51) 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.
(52) It is appropriate, under certain conditions, to confer on the
Commission the power to open and administer tariff
quotas resulting from international agreements concludedin accordance with the Treaty or from acts of the Council.
(53) The surplus production of wine in the Community has
been made worse as a result of violations of the transitional
prohibition on new plantings. A significant number ofunlawful plantings exist in the Community, whichconstitutes a source of unfair competition and exacerbatesthe problems of the wine sector.
(54) A distinction should be made between unlawful areas
planted before and after 31 August 1998, in so far as the
producers' obligations towards those areas are concerned.
Unlawful areas from before 1 September 1998 should be
afforded a last opportunity for regularisation under theconditions of Article 2(3) of Regulation (EC) No 1493/1999. Accordingly, the corresponding provision in thisRegulation should have retroactive effect.
(55) So far, unlawful areas from before 1 September 1998 are
not subject to any grubbing-up obligation. The producers
concerned should be obliged to regularise them againstpayment of a fee. If the areas concerned are not regularisedby 31 December 2009, producers should be under anobligation to grub up the areas concerned at their ownexpense. Non-compliance with this mandatory grubbing-up should entail penalty payments.
(56) Those areas which have been planted in violation of the
relevant prohibition after 31 August 1998 should be
grubbed up, this being the sanction laid down inRegulation (EC) No 1493/1999. Non-compliance with thismandatory grubbing-up should entail penalty payments.
(57) Pending the implementation of the regularisation and
grubbing-up measures, wine from areas planted in violation
of the prohibition and not regularised in accordance withRegulation (EC) No 1493/1999 should not be put on themarket other than for distillation at the expense of theproducer concerned. The presentation of distillationcontracts by producers should ensure better monitoringof this rule than has been the case hitherto.
(58) 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 createdan obstacle for competitive producers who wish to respondflexibly to increased demand.L 148/6 EN Official Journal of the European Union 6.6.2008(59) As a market balance has not yet been found, and as the
accompanying measures such as the grubbing-up scheme
need time to take effect, it is expedient to keep theprohibition on new plantings in place until 31 December2015, at which juncture, however, it should be definitelylifted in order to permit competitive producers to respondfreely to market conditions. However, Member Statesshould be given the possibility to extend the prohibitionfor their territories until 31 December 2018 if theyconsider doing so necessary.
(60) The existing permission for new planting of areas intended
for graft nurseries, land consolidation and compulsory
purchase as well as wine-growing experiments has provednot to disturb unduly the wine market and should thereforebe continued subject to the necessary controls.
(61) 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 productiontends to be nil.
(62) Furthermore, it should be possible for Member States to
authorise the transfer of replanting rights to another
holding, subject to strict controls, provided that thistransfer is in pursuit of quality, concerns the areas intended
for graft nurseries or is connected with the transfer of part
of the holding. These transfers should be maintained withinthe same Member State.
(63) In order to improve the management of wine-growing
potential and to promote the efficient use of planting rights
and thus to further mitigate the effect of the transitionalrestriction on plantings, the systems of national or regionalreserves should continue to exist.
(64) Member States should maintain broad discretion in the
management of the reserves, subject to the necessary
controls, so as to permit them better to align the use of therights to plant such reserves with local needs. This shouldinclude the opportunity to purchase planting rights, to fundthe reserve and to sell planting rights from the reserve. Tothis end, Member States should continue to be allowed notto apply the reserve system, provided that they can provethat they already have an efficient system of managingplanting rights.
(65) 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 establish-ment, and such producers should therefore be eligible forthe grant of rights from the reserves free of charge.
(66) To ensure that resources are used in the most efficient
manner and better to align supply with demand, planting
rights should be used by their holders within a reasonabletime. Failing that, they should be allocated or reallocated tothe reserves. For the same reasons, rights in the reserves
should be awarded within a reasonable time.
(67) Member States where the planting right regime did not
apply by 31 December 2007 should be exempt from the
transitional prohibition on new plantings.
(68) As a further accompanying measure aimed at creating a
wine sector which is attuned to market conditions, a
grubbing-up scheme should be introduced. Where produ-cers consider that the conditions in certain areas are notconducive to viable production, they should be given theoption of cutting their costs and permanently withdrawingthese areas from wine production and should be enabledeither to pursue alternative activities on the relevant area orto retire from agricultural production altogether.
(69) 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 supplyineffective. Therefore, in contrast to the current regime,producers should generally be eligible for entering thegrubbing-up scheme and have the sole right to decidewhether to apply. In return, they should be granted apremium per hectare of grubbed-up vines. However,Member States where wine production is below 50 000hectolitres per year should not have access to the grubbing-up scheme, as they do not substantially affect production inthe Community.
(70) Member States should be able to fix, on the basis of
objective criteria, the specific levels of the grubbing-up
premium within certain scales determined by the Commis-sion.
(71) 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 withthe applicable environmental rules. Any non-compliancedetected should give rise to a commensurate reduction ofthe grubbing-up premium.
(72) To avoid environmental problems, Member States should
be able to exclude grubbing-up in mountain, steep-slope
and some small-island areas and in the case of environ-mental concerns in accordance with specific conditions. Inaccordance with the policy for the outermost regions of theCommunity, the grubbing-up scheme shall not apply in the
Azores, Madeira and the Canary Islands. Member States
should be enabled to discontinue grubbing-up where thetotal grubbed-up area reaches 8 % of their areas plantedwith vines (10 % at regional level).
(73) Where in a Member State the area grubbed-up would
exceed 15 % of its total area planted with vines, it should be
made possible to cap the grubbing-up at 15 % in thatMember State so as to avoid disproportionate concentra-tion of the grubbing-up resources at the expense of other6.6.2008 EN Official Journal of the European Union L 148/7Member States. In addition, it should be made possible to
stop grubbing-up in a given year when the area grubbed-upin that year reaches 6 % of its total area planted with vines.
(74) The agricultural area formerly used for vine-growing, once
grubbed up, should qualify as an eligible area under the
Single Payment Scheme and be granted the average regionaldecoupled direct payment which, for budgetary reasons,should not exceed a certain sum.
(75) 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 shouldtherefore in principle apply to the products covered by thecommon market organisation for wine. However, theprovisions on the grubbing-up premium and certainmeasures under the support programmes should not by
themselves preclude the granting of national aid for the
same purposes.
(76) 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. Theinformation contained in it should be based on thevineyard register, which should be maintained and regularlyupdated. Details of the register should be established by aCommission implementing regulation. Council Regulation(EEC) No 2392/86 of 24 July 1986 establishing aCommunity vineyard register (
1) should therefore be
repealed. To encourage Member States to communicatethe inventory, support for restructuring and conversionshould be limited to those Member States which havecommunicated the inventory.
(77) 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 submitharvest declarations. Member States should be able torequire merchants of grapes for wine making to declareeach year the quantities marketed from the latest harvest.Producers of must and wine, and merchants other thanretailers, should declare their stocks of must and wine.
(78) 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 theproducts covered by this Regulation to have an accom-panying document when circulating within the Commu-nity.
(79) 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, MemberStates should be able to provide aid for crisis distillation
within an overall budgetary limit of 15 % of the respectivevalue of the Member State's relevant yearly budget for itsnational support programme. Any such aid should benotified to the Commission and approved under thisRegulation before it is granted.
(80) The measures necessary for the implementation of this
Regulation should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down theprocedures for the exercise of implementing powersconferred on the Commission (
2).
(81) 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 inaccordance with Council Regulation (EC) No 1290/2005 of21 June 2005 on the financing of the common agriculturalpolicy (
3).
(82) Member States and the Commission should keep each other
supplied with the information necessary for applying this
Regulation.
(83) 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-compliancewith such obligations. The power to set up the correspond-ing rules including those concerning the recovery of unduepayments and the reporting obligations of the MemberStates, should therefore be conferred on the Commission.
(84) Member States' authorities should be responsible for
ensuring compliance with this Regulation, and arrange-
ments should be made for the Commission to be able tomonitor and ensure such compliance.
(85) 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 SinglePayment Scheme provided for in Council Regulation (EC)No 1782/2003 of 29 September 2003 establishingcommon rules for direct support schemes under thecommon agricultural policy and establishing certainsupport schemes for farmers (
4).
(86) Vine-growers in Bulgaria, the Czech Republic, Estonia,
Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Romania,
Slovenia and Slovakia should benefit from the introductionof the wine component in the Single Payment Schemeunder the same conditions as vine-growers in theCommunity as constituted at 30 April 2004. Therefore,L 148/8 EN Official Journal of the European Union 6.6.2008
(1) OJ L 208, 31.7.1986, p. 1. Regulation as last amended by Regulation
(EC) No 1631/98 (OJ L 210, 28.7.1998, p. 14).(2) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/
512/EC (OJ L 200, 22.7.2006, p. 11).
(3) OJ L 209, 11.8.2005, p. 1. Regulation as last amended by Regulation
(EC) No 1437/2007 (OJ L 322, 7.12.2007, p. 1).
(4) OJ L 270, 21.10.2003, p. 1. Regulation as last amended by
Commission Regulation (EC) No 293/2008 (OJ L 90, 2.4.2008. p. 5).the wine component in the Single Payment Scheme should
not be subject to the application of the schedule ofincrements provided for in Article 143a of Regulation (EC)No 1782/2003.
(87) Regulation (EC) No 1782/2003 and Council Regulation
(EC) No 3/2008 of 17 December 2007 on information
provision and promotion measures for agricultural prod-ucts on the internal market and in third countries (
1) should
be amended accordingly.
(88) 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 todifficulties which are not dealt with in this Regulation. Inorder to deal with that eventuality, provision should bemade for the Commission to adopt the necessarytransitional measures. The Commission should also beauthorised to solve specific practical problems,
HAS ADOPTED THIS REGULATION:
TITLE I
INTRODUCTORY PROVISIONS
Article 1
Subject matter and scope
1. This Regulation lays down specific rules applying to the
production and marketing of the products referred to in part XIIof Annex I to Regulation (EC) No 1234/2007.
2. As regards the products referred 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 definitions laid down in
Annex I shall apply.TITLE II
SUPPORT MEASURES
CHAPTER I
Support programmes
Section 1
Introductory provisions
Article 3
Scope
This Chapter lays down the rules governing the attribution of
Community funds to Member States and the use of those fundsby Member States through national support programmes(hereinafter referred to as support programmes) to financespecific 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 ofthe Community.
2. Member States shall be responsible for the support
programmes and ensure that they are internally consistent anddrawn up and implemented in an objective manner, taking intoaccount the economic situation of the producers concerned andthe need to avoid unjustified unequal treatment betweenproducers.
Member States shall be responsible for providing for, and
carrying out, the necessary controls and penalties in case of non-compliance with the support programmes.
3. No support shall be granted:(a) for research projects and measures to support research
projects;
(b) for measures which are contained in Member States' rural
development programmes under Regulation (EC) No 1698/2005.6.6.2008 EN Official Journal of the European Union L 148/9
(1) OJ L 3, 5.1.2008, p. 1.Section 2
Submission and content of 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 adraft five-year support programme containing measures inaccordance with this Chapter.
The support measures in the support programmes shall be
drawn up at the geographical level which the Member Statesdeem most appropriate. Before being submitted to the Commis-sion, the support programme shall be subject to consultationwith the competent authorities and organisations at theappropriate territorial level.
Each Member State shall submit one single draft support
programme, which may accommodate regional particularities.
2. Support programmes shall become applicable three months
after their submission to the Commission.
However, if the submitted support programme does not comply
with the conditions laid down in this Chapter, the Commissionshall inform the Member State thereof. In such case, the MemberState shall submit a revised support programme to theCommission. The revised support programme shall becomeapplicable two months after its notification unless an incompat-ibility persists in which case this subparagraph shall apply.
3. Paragraph 2 shall apply mutatis mutandis to changes in
respect of support programmes submitted by Member States.
4. Article 6 shall not apply where a Member State's only
measure in a support programme consists of the transfer to theSingle Payment Scheme referred to in Article 9. Article 21 shallapply in such case only in respect of paragraph 1 thereof and inrelation to the year in which the transfer takes place.
Article 6
Content of support programmes
Support programmes shall consist of the following elements:
(a) a detailed description of the measures proposed as well as
their quantified objectives;
(b) the results of consultations held;
(c) an appraisal showing the expected technical, economic,
environmental and social impact;
(d) a schedule for implementing the measures;(e) a general financing table showing the resources to be
deployed and the envisaged indicative allocation of theresources between the measures in accordance with ceilingsprovided 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 support programmes are implemented
appropriately and effectively;
(g) the designation of competent authorities and bodies
responsible for implementing the support programme.
Article 7
Eligible measures
1. Support programmes shall contain one or more of the
following measures:
(a) Single Payment Scheme support in accordance with
Article 9;
(b) promotion in accordance with Article 10;
(c) restructuring and conversion of vineyards in accordance
with Article 11;
(d) green harvesting in accordance with Article 12;
(e) mutual funds in accordance with Article 13;
(f) harvest insurance in accordance with Article 14;
(g) investments in accordance with Article 15;
(h) by-product distillation in accordance with Article 16;
(i) potable alcohol distillation in accordance with Article 17;
(j) crisis distillation in accordance with Article 18;
(k) use of concentrated grape must in accordance with
Article 19.
2. Support programmes shall not contain measures other than
those listed in Articles 9 to 19.
Article 8
General rules concerning support programmes
1. The allocation of the available Community funds as well as
the budgetary limits are provided for in Annex II.
2. Community support shall only relate to eligible expenditure
incurred after the submission of the relevant support pro-gramme as referred to in Article 5(1).L 148/10 EN Official Journal of the European Union 6.6.20083. 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 Communityrules on State aid for the measures referred to in Articles 10, 14and 15.
The maximum aid rate as laid down in the relevant Community
rules on State aid shall apply to the global public financingincluding both Community and national funds.
Section 3
Specific support measures
Article 9
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 ofChapter 3 of Title III of Regulation (EC) No 1782/2003 inaccordance with point O of Annex VII to that Regulation.
2. Member States intending to make use of the possibility
referred to in paragraph 1 shall foresee such support in theirsupport programmes including, as regards subsequent transfersof funds to the Single Payment Scheme, by way of changes tothose 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 themeasures listed in Articles 10 to 19 in subsequent years ofthe operation of the support programmes;
(b) commensurately reduce the amount of funds available for
measures listed in Articles 10 to 19 in the supportprogrammes.
Article 10
Promotion on third-country markets
1. Support under this Article shall cover information or
promotion measures concerning Community wines in thirdcountries, thereby improving their competitiveness in thosecountries.
2. The measures referred to in paragraph 1 shall relate to wines
with a protected designation of origin or geographical indicationor wines with an indication of the wine grape variety.3. The measures referred to in paragraph 1 may consist only of:
(a) public relations, promotional or advertisement measures, in
particular highlighting the advantages of the Communityproducts, especially in terms of quality, food safety orenvironmental friendliness;
(b) participation at events, fairs or exhibitions of international
importance;
(c) information campaigns, in particular on the Community
systems covering designations of origin, geographical
indications and organic production;
(d) studies of new markets, necessary for the expansion of
market outlets;
(e) studies to evaluate the results of the promotional and
information measures.
4. The Community contribution to promotion activities shall
not exceed 50 % of the eligible expenditure.
Article 11
Restructuring and conversion of vineyards
1. The objective of measures relating to the restructuring and
conversion of vineyards shall be to increase the competitivenessof wine producers.
2. Restructuring and conversion of vineyards shall be sup-
ported in accordance with this Article only if Member Statessubmit the inventory of their production potential in accordancewith Article 109.
3. Support for restructuring and conversion of vineyards may
only cover one or more of the following activities:
(a) varietal conversion, including by means of grafting-on;(b) relocation of vineyards;(c) improvements to vineyard management techniques.
The normal renewal of vineyards which have come to the end of
their natural life shall not be supported.
4. Support for restructuring and conversion of vineyards may
only take the following forms:
(a) compensation of producers for the loss of revenue due to
the implementation of the measure;
(b) contribution to the costs of restructuring and conversion.6.6.2008 EN Official Journal of the European Union L 148/115. Compensation of producers for the loss of revenue as
referred to in paragraph 4(a) may cover up to 100 % of therelevant 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 vinesfor a fixed period which shall not exceed three years, untilthe end of the transitional regime concerning plantingrights;
(b) financial compensation.6. The Community contribution to the actual costs of
restructuring and conversion of vineyards shall not exceed50 %. In regions classified as convergence regions in accordancewith Regulation (EC) No 1083/2006 (
1), the Community
contribution to the costs of restructuring and conversion shallnot exceed 75 %.
Article 12
Green harvesting
1. For the purposes of this Article, green harvesting means the
total destruction or removal of grape bunches while still in theirimmature stage, thereby reducing the yield of the relevant area tozero.
2. Support for green harvesting shall contribute to restoring
the balance of supply and demand in the market in wine in theCommunity in order to prevent market crises.
3. Support for green harvesting may be granted as compensa-
tion in the form of a flat rate payment per hectare to bedetermined 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 ofrevenue related to the destruction or removal of grape bunches.
4. The Member States concerned shall establish a system based
on objective criteria to ensure that the green harvesting measuredoes not lead to compensation of individual wine producers inexcess of the ceiling referred to in the second subparagraph ofparagraph 3.
Article 13
Mutual funds
1. Support for the setting-up of mutual funds shall provide
assistance to producers seeking to insure themselves againstmarket fluctuations.2. Support for the setting-up of mutual funds may be granted
in the form of temporary and degressive aid to cover theadministrative costs of the funds.
Article 14
Harvest insurance
1. Support for harvest insurance shall contribute to safe-
guarding producers' incomes where these are affected by naturaldisasters, adverse climatic events, diseases or pest infestations.
2. Support for harvest insurance may be granted in the form of
a financial Community contribution which must not exceed:
(a) 80 % of the cost of the insurance premiums paid for by
producers for insurance against losses as a result of adverseclimatic events which can be assimilated to naturaldisasters;
(b) 50 % of the cost of the insurance premiums paid for by
producers for insurance against:
(i) losses referred to in (a) and against other losses caused
by adverse climatic events;
(ii) 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 formore than 100 % of the income loss suffered, taking intoaccount any compensation the producers may have obtainedfrom other support schemes related to the insured risk.
4. Support for harvest insurance shall not distort competition
in the insurance market.
Article 15
Investments
1. Support may be granted for tangible or intangible
investments in processing facilities, winery infrastructure andmarketing of wine which improve the overall performance of theenterprise and concern one or more of the following:
(a) the production or marketing of products referred to in
Annex IV;
(b) the development of new products, processes and technol-
ogies related to the products referred to in Annex IV.L 148/12 EN Official Journal of the European Union 6.6.2008
(1) Council Regulation (EC) No 1083/2006 of 11 July 2006 laying
down general provisions on the European Regional Development
Fund, the European Social Fund and the Cohesion Fund (OJ L 210,31.7.2006, p. 25). Regulation as last amended by Regulation (EC)No 1989/2006 (OJ L 411, 30.12.2006, p. 6).2. Support under paragraph 1 at its maximum rate shall be
limited to micro, small and medium-sized enterprises within themeaning of Commission Recommendation 2003/361/EC of of6 May 2003 concerning the definition of micro, small andmedium-sized enterprises (
1). For the territories of the Azores,
Madeira, the Canary Islands, the smaller Aegean islands withinthe meaning of Council Regulation (EC) No 1405/2006 of18 September 2006 laying down specific measures foragriculture in favour of the smaller Aegean islands (
2) and the
French overseas departments, no size limits shall apply for themaximum rate. For enterprises that are not covered by Article 2(1) of Title I of Annex to Recommendation 2003/361/EC withless than 750 employees or with a turn-over of less thanEUR 200 million, the maximum aid intensity shall be halved.
Support shall not be granted to enterprises in difficulty within
the meaning of the Community guidelines on State aid forrescuing 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 Council
Regulation (EC) No 247/2006 of 30 January 2006 laying
down specific measures for agriculture in the outermostregions of the Union (
3);
(d) 65 % in the smaller Aegean islands within the meaning of
Regulation (EC) No 1405/2006.
5. Article 72 of Regulation (EC) No 1698/2005 shall apply
mutatis mutandis to support referred to in paragraph 1.
Article 16
By-product distillation
1. Support may be granted for the voluntary or obligatory
distillation of by-products of wine-making which has beencarried out in accordance with the conditions laid down in pointD of Annex VI.
The amount of aid shall be fixed per % volume and per hectolitre
of alcohol produced. No aid shall be paid for the volume ofalcohol contained in the by-products to be distilled whichexceeds 10 % in relation to the volume of alcohol contained inthe wine produced.2. The maximum applicable aid levels shall be based on
collection and processing costs and fixed in accordance with theprocedure referred to in Article 113(1).
3. The alcohol resulting from the supported distillation referred
to in paragraph 1 shall be used exclusively for industrial orenergy purposes so as to avoid distortion of competition.
Article 17
Potable alcohol distillation
1. Support may be granted until 31 July 2012 to producers, 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 besubmitted before support is granted.
Article 18
Crisis distillation
1. Support may be granted until 31 July 2012 for voluntary or
obligatory distillation of surplus wine decided upon by MemberStates in justified cases of crisis so as to reduce or eliminate thesurplus and at the same time ensure supply continuity from oneharvest to the next.
2. The maximum applicable aid levels shall be fixed in
accordance with the procedure referred to in Article 113(1).
3. The alcohol resulting from the supported distillation referred
to in paragraph 1 shall be used exclusively for industrial orenergy purposes so as to avoid distortion of competition.
4. The share of the available budget used for the crisis
distillation measure shall not exceed the following percentageshares as calculated against the globally available funds laid downin Annex II per Member State in the respective budget year:
— 20 % in 2009,
— 15 % in 2010,
— 10 % in 2011,
— 5 % in 2012.
5. Member States may increase the available funds for the crisis
distillation measure beyond the annual ceilings given inparagraph 4 by way of contributing national funds in accordance6.6.2008 EN Official Journal of the European Union L 148/13
(1) OJ L 124, 20.5.2003, p. 36.
(2) OJ L 265, 26.9.2006, p. 1.
(3) OJ L 42, 14.2.2006, p. 1. Regulation as last amended by
Commission Regulation (EC) No 1276/2007 (OJ L 284,30.10.2007, p. 11).with the following limits (expressed in terms of percentage of the
respective annual ceiling given in paragraph 4):
— 5 % in the wine year 2010,
— 10 % in the wine year 2011,
— 15 % in the wine year 2012.
Member States shall, where applicable, notify the Commission of
the addition of national funds referred to in the firstsubparagraph and the Commission shall approve the transactionbefore such funds are made available.
Article 19
Use of concentrated grape must
1. Support may be granted until 31 July 2012 to wine
producers who use concentrated grape must including rectifiedconcentrated grape must to increase the natural alcoholicstrength 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 forenrichment.
3. The maximum applicable aid levels for this measure in the
different wine growing zones shall be fixed in accordance withthe procedure referred to in Article 113(1).
Article 20
Cross-compliance
Where farmers are found not to have complied on their holding,
at any time during three years from payment under the supportprogrammes for restructuring and conversion or at any timeduring one year from payment under the support programmesfor green harvesting, with the statutory management require-ments and the good agricultural and environmental conditionreferred to in Articles 3 to 7 of Regulation (EC) No 1782/2003,the amount of the payment shall, where non-compliance is theresult of an action or omission directly imputable to the farmer,be reduced or cancelled, partially or wholly depending on theseverity, extent, permanence and repetition of the non-compliance, and the farmer shall, where applicable, be orderedto reimburse it in accordance with the conditions set out in thoseprovisions.
Section 4
General provisions
Article 21
Reporting and evaluation
1. Each year and for the first time by 1 March 2010, Member
States shall submit to the Commission by 1 March a report onthe 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 wasgranted and shall in particular provide details on theimplementation of the promotion measures referred to inArticle 10.
2. Member States shall submit to the Commission, by 1 March
2011 and, a second time, by 1 March 2014, an evaluation of the
costs and benefits of the support programmes as well as an
indication of how to increase their efficiency.
The Commission shall submit to the European Parliament and
the Council, by 31 December 2011, a report on theimplementation of the promotion measures referred to inArticle 10.
Article 22
Implementing measures
The measures necessary for the implementation of this Chapter
shall be adopted in accordance with the procedure referred to inArticle 113(1).
Those measures may include, in particular:(a) the format of presentation of the support programmes;
(b) rules concerning changes to support programmes after they
have become applicable;
(c) detailed rules for the implementation of the measures
provided for in Articles 10 to 19;
(d) the conditions under which assistance through Community
funds is to be communicated and publicised;
(e) details on reporting.
CHAPTER II
Financial transfer
Article 23
Financial transfer to rural development
1. As from the budget year 2009, the amounts fixed in
paragraph 2, based on historical expenditure under Regulation(EC) No 1493/1999 for intervention measures to regulateagricultural markets as referred to in Article 3(1)(b) of Regulation(EC) No 1290/2005, shall be available as additional Communityfunds for measures in wine-producing regions under the ruraldevelopment programming financed under Regulation (EC)No 1698/2005.L 148/14 EN Official Journal of the European Union 6.6.20082. 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.
Member States which have no amounts entered in the current
table in Annex III because of the small size of the otherwiseresulting amounts in accordance with the financial key applied todetermine the amounts for Annex III (less than EUR 2,5 millionto be transferred in 2009) may decide to transfer those amountsnow included in Annex II wholly or partially to Annex III for usein their rural development programmes. In such case theMember States concerned shall notify the Commission of thistransfer by 30 June 2008 and the Commission shall modifyparagraph 2 as well as Annexes II and III accordingly.
TITLE III
REGULATORY MEASURES
CHAPTER I
General rules
Article 24
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 wine grape varieties meeting the following conditions may
be classified by Member States:
(a) the variety concerned belongs to the Vitis vinifera or comes
from a cross between the species Vitis vinifera and other
species of the genus Vitis;
(b) the variety is not one of the following: Noah, Othello,
Isabelle, Jacquez, Clinton and Herbemont.
Where a wine grape variety is deleted from the classification
referred to in the first subparagraph, grubbing-up of this varietyshall 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 theaverage production during the latest five wine years, shall beexempted from the classification obligation referred to inparagraph 1.
However, also in the Member States referred to in the first
subparagraph only wine grape varieties complying withparagraph 1(a) and (b) may be planted, replanted or grafted for
the purpose of wine production.
3. By way of derogation from the first and second subpara-
graphs of paragraph 1 and the second subparagraph ofparagraph 2, the planting, replanting or grafting of the followingwine grape varieties shall be allowed for scientific research andexperimental 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 comply with paragraph 1
(a) and (b) as far as Member States referred to in paragraph 2are concerned.
4. Areas planted with wine grape varieties for the purpose of
wine production planted in contravention of paragraphs 1 to 3shall be grubbed up.
However, there shall be no obligation to grub up such areas
where the relevant production is intended exclusively forconsumption by the wine-producers' households.
5. Member States shall take the necessary measures to check
compliance by producers with paragraphs 1 to 4.
Article 25
Production and marketing
1. Products listed in Annex IV and produced in the Community
shall be made from wine grape varieties classifiable according toArticle 24(1).
2. A designation for a category of a grapevine product as
provided for in Annex IV may be used in the Community onlyfor the marketing of a product which conforms to thecorresponding conditions laid down in that Annex.
However, notwithstanding Article 59(1)(a), Member States may
allow the use of the term ‘wine ’if:
(a) it is accompanied by the name of a fruit in the form of a
composite name to market products obtained by thefermentation of fruit other than grapes; or
(b) it is part of a composite name.Any confusion with products corresponding to the wine
categories in Annex IV shall be avoided.
3. Categories of grapevine products listed in Annex IV may be
modified in accordance with the procedure referred to inArticle 113(2).
4. Except for bottled wine in respect of which there is evidence
that bottling was performed before 1 September 1971, wineproduced from wine grape varieties listed in the classificationsdrawn up in accordance with the first subparagraph of Article 246.6.2008 EN Official Journal of the European Union L 148/15(1) but not conforming to one of the categories laid down in
Annex IV shall be used only for consumption by individual wine-producers' households, for the production of wine vinegar or fordistillation.
CHAPTER II
Oenological practices and restrictions
Article 26
Scope
This Chapter concerns the authorised oenological practices and
the applicable restrictions applying to the production andcommercialisation of products covered by this Regulation as wellas the procedure for deciding on those practices and restrictions.
Article 27
Oenological practices and restrictions
1. Only oenological practices authorised under Community
law as laid down in Annex V or decided upon in accordance with
Articles 28 and 29 shall be used in the production and
conservation in the Community of products covered by thisRegulation.
The first subparagraph shall not apply to:(a) grape juice and concentrated grape juice;(b) grape must and concentrated grape must intended for the
preparation of grape juice.
2. Authorised oenological practices shall only be used for the
purposes of ensuring proper vinification, proper preservation orproper refinement of the product.
3. Products covered by this Regulation shall be produced in the
Community in accordance with the relevant restrictions laiddown in Annex VI.
4. Products covered by this Regulation, which have undergone
unauthorised Community oenological practices or, whereapplicable, unauthorised national oenological practices or whichcontravene the restrictions laid down in Annex VI, shall not be
marketed in the Community.
Article 28
Stricter rules decided by Member States
Member States may limit or exclude the use of certain
oenological practices and provide for more stringent restrictionsfor wines authorised under Community law produced in theirterritory with a view to reinforcing the preservation of theessential characteristics of wines with a protected designation oforigin or protected geographical indication and of sparkling
wines and liqueur wines.
Member States shall communicate those limitations, exclusions
and restrictions to the Commission, which shall bring them tothe attention of the other Member States.
Article 29
Authorisation of oenological practices and restrictions
1. Except for the oenological practices concerning enrichment,
acidification and de-acidification laid down in Annex V for thespecific products covered therein as well as the restrictions listedin Annex VI, the authorisation of oenological practices andrestrictions as regards the production and conservation ofproducts covered by this Regulation shall be decided inaccordance with the procedure referred to in Article 113(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 inArticle 113(2).
Article 30
Authorisation criteria
When authorising oenological practices in accordance with the
procedure referred to in Article 113(2), the Commission shall:
(a) base itself on the oenological practises recommended and
published by the International organisation of vine andwine (OIV) as well as on the results of experimental use ofas yet unauthorised oenological practices;
(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 informa-tional means to exclude such risks;
(d) allow the preservation of the natural and essential
characteristics of the wine and not cause a substantial
change in the composition of the product concerned;
(e) ensure an acceptable minimum level of environmental care;
(f) respect the general rules concerning oenological practices
and restrictions laid down respectively in Annexes V and VI.
Article 31
Methods of analysis
The methods of analysis for determining the composition of the
products covered by this Regulation and the rules whereby itmay be established whether these products have undergoneL 148/16 EN Official Journal of the European Union 6.6.2008processes contrary to the authorised oenological practices shall
be those recommended and published by the OIV.
Where there are no methods and rules recommended and
published by the OIV, corresponding methods and rules shall be
adopted in accordance with the procedure referred to inArticle 113(2).
Pending the adoption of such rules, such methods and rules to be
used shall be the ones allowed by the Member State concerned.
Article 32
Implementing measures
The measures necessary for the implementation of this Chapter
and Annexes V and VI, save as otherwise provided in theseAnnexes, shall be adopted in accordance with the procedurereferred to in Article 113(2).
Those measures may include, in particular:
(a) provisions to the effect that the Community oenological
practices listed in Annex IV to Regulation (EC) No 1493/1999 are considered authorised oenological practices;
(b) authorised oenological practices and restrictions including
enrichment, acidification and de-acidification concerningsparkling wines, quality sparkling wines and qualityaromatic sparkling wines;
(c) authorised oenological practices and restrictions concern-
ing liqueur wines;
(d) subject to point C of Annex VI, provisions regulating the
blending and coupage of musts and wines;
(e) where Community rules on that matter do not exist, the
purity and identification, specification of substances used inoenological practices;
(f) administrative rules for carrying out the oenological
practices authorised;
(g) the conditions governing the holding, circulation and the
use of products not complying with Article 27 and possibleexemptions from the requirements of that Article, as well asthe establishment of criteria for the purpose of avoidinghardship in individual cases;
(h) the conditions under which Member States may authorise
the holding, circulation and use of products not complyingwith this Chapter other than Article 27, or with provisionsimplementing this Chapter.CHAPTER III
Designations of origin, geographical indications and
traditional terms
Article 33
Scope
1. Rules relating to designations of origin, geographical
indications and traditional terms laid down in Chapters IV and Vshall apply to the products referred to in paragraphs 1, 3 to 6, 8,9, 11, 15 and 16 of Annex IV.
2. The rules referred to in paragraph 1 shall be based on:
(a) the protection of legitimate interests of:
(i) consumers; and
(ii) producers;
(b) ensuring the smooth operation of the common market in
the products concerned;
(c) promoting the production of quality products, whilst
allowing national quality policy measures.
CHAPTER IV
Designations of origin and geographical indications
Section 1
Definitions
Article 34
Definitions
1. For the purposes of this Regulation, the following defini-
tions shall apply:
(a) ‘designation of origin’ means the name of a region, a
specific place or, in exceptional cases, a country used todescribe a product referred to in Article 33(1) that complieswith the following requirements:
(i) its quality and characteristics are essentially or
exclusively due to a particular geographical environ-ment with its inherent natural and human factors;
(ii) the grapes from which it is produced come exclusively
from this geographical area;
(iii) its production takes place in this geographical area;
(iv) it is obtained from vine varieties belonging to Vitis
vinifera;6.6.2008 EN Official Journal of the European Union L 148/17(b) ‘geographical indication’ means an indication referring to a
region, a specific place or, in exceptional cases, a country,used to describe a product referred to in Article 33(1)which complies with the following requirements:
(i) it possesses a specific quality, reputation or other
characteristics attributable to that geographical origin;
(ii) at least 85 % of the grapes used for its production
come exclusively from this geographical area;
(iii) its production takes place in this geographical area;(iv) it is obtained from vine varieties belonging to Vitis
vinifera or a cross between the Vitis vinifera species and
other species of the genus Vitis.
2. Certain traditionally used names shall constitute a designa-
tion of origin where they:
(a) designate a wine;
(b) refer to a geographical name;(c) meet the requirements referred to in paragraph 1(a)(i)
to (iv);
(d) undergo the procedure conferring protection on designa-
tions of origin and geographical indications laid down inthis Chapter.
3. Designations of origin and geographical indications, includ-
ing those relating to geographical areas in third countries, shallbe eligible for protection in the Community in accordance withthe rules laid down in this Chapter.
Section 2
Application for protection
Article 35
Content of applications for protection
1. Applications for protection of names as designations of
origin or geographical indications shall include a technical filecontaining:
(a) the name to be protected;(b) the name and address of the applicant;(c) a product specification as referred to in 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 oforigin or geographical indication.It shall consist at least of:
(a) the name to be protected;(b) a description of the wine(s):
(i) for wines with a designation of origin, its principal
analytical and organoleptic characteristics;
(ii) for wines with a geographical indication, its principal
analytical characteristics as well as an evaluation orindication of its organoleptic characteristics;
(c) where applicable, the specific oenological practices used to
make the wine(s) as well as the relevant restrictions onmaking the wine(s);
(d) the demarcation of the geographical area concerned;(e) the maximum yields per hectare;(f) an indication of the wine grape variety or varieties the wine
(s) is obtained from;
(g) the details bearing out the link referred to in Article 34(1)
(a)(i) or, as the case may be, in Article 34(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 designa-tion of origin or geographical indication, having regard tothe 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 specificationand their specific tasks.
Article 36
Application for protection relating to a geographical area in
a third country
1. Where the application for protection concerns a geographi-
cal area in a third country, it shall contain in addition to theelements provided for in Article 35 proof that the name inquestion is protected in its country of origin.
2. The application shall be sent to the Commission, either
directly from the applicant or via the authorities of the thirdcountry concerned.
3. The application for protection shall be filed in one of the
official languages of the Community or accompanied by acertified translation into one of those languages.L 148/18 EN Official Journal of the European Union 6.6.2008Article 37
Applicants
1. Any interested group of producers, or in exceptional cases a
single producer, may apply for the protection of a designation oforigin or geographical indication. Other interested parties mayparticipate 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 38
Preliminary national procedure
1. Applications for protection of a designation of origin or a
geographical indication of wines in accordance with Article 34originating in the Community shall be subject to a preliminarynational procedure in accordance with this Article.
2. The application for protection shall be filed with the
Member State in which territory the designation of origin orgeographical indication originates.
3. The Member State shall examine the application for
protection as to whether it meets the conditions set out in thisChapter.
The Member State shall carry out a national procedure ensuring
adequate publication of the application and providing for aperiod of at least two months from the date of publication withinwhich any natural or legal person having a legitimate interest andestablished or resident on its territory may object to theproposed protection by lodging a duly substantiated statementwith the Member State.
4. If the Member State considers that the designation of origin
or geographical indication does not meet the relevant require-ments, including the eventuality that it is incompatible withCommunity law in general, it shall reject the application.
5. If the Member State considers that the relevant requirements
are met, it shall
(a) publish the single document and the product specification
at least on the Internet; and
(b) forward to the Commission an application for protection
containing the following information:
(i) the name and address of the applicant;(ii) the single document referred to in Article 35(1)(d);
(iii) a declaration by the Member State that it considers
that the application lodged by the applicant meets theconditions of this Regulation;
(iv) the reference to publication, as referred to in (a).
This information shall be forwarded in one of the official
languages of the Community or accompanied by a certifiedtranslation into one of those languages.
6. Member States shall introduce the laws, regulations or
administrative provisions necessary to comply with this Articleby 1 August 2009.
7. Where a Member State has no national legislation concern-
ing the protection of designations of origin and geographicalindications, it may, on a transitional basis only, grant protectionin accordance with the terms of this Chapter at national level tothe name with effect from the day the application is lodged withthe Commission. Such transitional national protection shall ceaseon the date on which a decision on registration or refusal underthis Chapter is taken.
Article 39
Scrutiny by the Commission
1. The Commission shall make the date of submission of the
application for protection of the designation of origin orgeographical indication public.
2. The Commission shall examine whether the applications for
protection referred to in Article 38(5) meet the conditions laiddown in this Chapter.
3. Where the Commission considers that the conditions laid
down in this Chapter are met, it shall publish in the Official
Journal of the European Union the single document referred to in
Article 35(1)(d) and the reference to the publication of theproduct specification referred to in Article 38(5).
Where this is not the case, it shall be decided, in accordance with
the procedure referred to in Article 113(2), to reject theapplication.
Article 40
Objection procedure
Within two months from the date of publication provided for in
the first subparagraph of Article 39(3), any Member State orthird country, or any natural or legal person having a legitimateinterest, established or resident in a Member State other than thatapplying for the protection or in a third country, may object tothe proposed protection by lodging a duly substantiatedstatement relating to the conditions of eligibility as laid downin this Chapter with the Commission.6.6.2008 EN Official Journal of the European Union L 148/19In the case of natural or legal persons established or resident in a
third country, such statement shall be lodged, either directly orvia the authorities of the third country concerned, within thetime limit of two months referred to in the first paragraph.
Article 41
Decision on protection
On the basis of the information available to the Commission, it
shall be decided, in accordance with the procedure referred to inArticle 113(2), either to confer protection on the designation oforigin or geographical indication which meets the conditions laiddown in this Chapter and is compatible with Community law, orto reject the application where those conditions are not satisfied.
Section 4
Specific cases
Article 42
Homonyms
1. A name, for which an application is lodged, wholly or
partially homonymous with that of a name already registeredunder this Regulation shall be registered with due regard for localand traditional usage and the risk of confusion.
A homonymous name which misleads the consumer into
believing that products come from another territory shall not beregistered 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 thehomonym registered subsequently and the name already on theregister, having regard to the need to treat the producersconcerned in an equitable manner and not to mislead theconsumer.
2. Paragraph 1 shall apply mutatis mutandis if a name, for which
an application is lodged, is wholly or partially homonymouswith a geographical indication protected as such under thelegislation of Member States.
Member States shall not register non-identical geographical
indications for protection under their respective legislation ongeographical indications if a designation of origin or geographi-cal indication is protected in the Community by virtue of theCommunity law relevant to designations of origin andgeographical indications.
3. Save as otherwise provided for in Commission implement-
ing measures, where the name of a wine grape variety contains orconsists of a protected designation of origin or geographicalindication that name shall not be used for purposes of labellingthe products covered by this Regulation.4. The protection of designations of origin and geographical
indications for products covered in Article 34 shall be withoutprejudice to protected geographical indications applying inrelation to spirit drinks within the meaning of Regulation (EC)No 110/2008 of the European Parliament and of the Council of15 January 2008 on the definition, description, presentation,labelling and the protection of geographical indications of spiritdrinks (
1) and vice versa.
Article 43
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 has become
generic’ means the name of a wine which, although it relates to
the place or the region where this product was originallyproduced or marketed, has become the common name of a winein 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.
2. A name shall not be protected as a designation of origin or
geographical indication where, in the light of a trademark'sreputation and renown, protection is liable to mislead theconsumer as to the true identity of the wine.
Article 44
Relationship with trademarks
1. Where a designation of origin or a geographical indication is
protected under this Regulation, the registration of a trademarkcorresponding to one of the situations referred to in Article 45(2) and relating to a product falling under one of the categorieslisted in Annex IV shall be refused if the application forregistration of the trademark is submitted after the date ofsubmission of the application for protection of the designationof origin or geographical indication to the Commission and thedesignation of origin or geographical indication is subsequentlyprotected.
Trademarks registered in breach of the first subparagraph shall be
invalidated.
2. Without prejudice to Article 43(2), a trademark the use of
which corresponds to one of the situations referred to inArticle 45(2), which has been applied for, registered orL 148/20 EN Official Journal of the European Union 6.6.2008
(1) OJ L 39, 13.2.2008, p. 16.established by use, if that possibility is provided for by the
legislation concerned, in the territory of the Community beforethe date on which the application for protection of thedesignation of origin or geographical indication is submitted tothe Commission, may continue to be used and renewednotwithstanding the protection of a designation of origin orgeographical indication, provided that no grounds for thetrademark's invalidity or revocation exist as specified by theFirst Council Directive 89/104/EEC of 21 December 1988 toapproximate the laws of the Member States relating to trademarks (
1) or Council Regulation (EC) No 40/94 of 20 December
1993 on the Community trade mark (2).
In such cases the use of the designation of origin or geographical
indication shall be permitted alongside the relevant trademarks.
Section 5
Protection and control
Article 45
Protection
1. Protected designations of origins and geographical indica-
tions may be used by any operator marketing a wine which hasbeen produced in conformity with the corresponding productspecification.
2. Protected designations of origins and geographical indica-
tions and the wines using those protected names in conformitywith the product specification shall be protected against:
(a) any direct or indirect commercial use of a protected name:
(i) by comparable products not complying with the
product specification of the protected name; or
(ii) in so far as such use exploits the reputation of a
designation of origin or a geographical indication;
(b) any misuse, imitation or evocation, even if the true origin
of the product or service is indicated or if the protected
name is translated or accompanied by an expression such as
‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’ ,‘flavour ’,
‘like’ or similar;
(c) any other false or misleading indication as to the
provenance, origin, nature or essential qualities of theproduct, on the inner or outer packaging, advertisingmaterial or documents relating to the wine productconcerned, and the packing of the product in a containerliable 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 withinthe meaning of Article 43(1).
4. Member States shall take the steps necessary to stop
unlawful use of protected designations of origin and geographi-cal indications as referred to in paragraph 2.
Article 46
Register
The Commission shall establish and maintain an electronic
register of protected designations of origin and geographical
indications for wine which shall be publicly accessible.
Article 47
Designation of competent control authority
1. Member States shall designate the competent authority or
authorities responsible for controls in respect of the obligationsestablished by this Chapter in accordance with the criteria laiddown in Article 4 of Regulation (EC) No 882/2004.
2. Member States shall ensure that any operator complying
with this Chapter is entitled to be covered by a system of
controls.
3. Member States shall inform the Commission of the
competent authority or authorities referred to in paragraph 1.The Commission shall make their names and addresses publicand update them periodically.
Article 48
Verification of compliance with specifications
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 afterconditioning of the wine, shall be ensured by:
(a) the competent authority or authorities referred to in
Article 47(1); or
(b) one or more control bodies within the meaning of point 5
of the second subparagraph of Article 2 of Regulation (EC)No 882/2004 operating as a product certification body inaccordance with the criteria laid down in Article 5 of thatRegulation.6.6.2008 EN Official Journal of the European Union L 148/21
(1) OJ L 40, 11.2.1989, p. 1. Directive as amended by Decision 92/10/
EEC (OJ L 6, 11.1.1992, p. 35).
(2) OJ L 11, 14.1.1994, p. 1. Regulation as last amended by Regulation
(EC) No 1891/2006 (OJ L 386, 29.12.2006, p. 14).The costs of such verification shall be borne by the operators
subject to it.
2. In respect of protected designations of origin and
geographical indications relating to a geographical area in athird country, annual verification of compliance with the productspecification, during the production and during or afterconditioning of the wine, shall be ensured by:
(a) one or more public authorities designated by the third
country; or
(b) one or more certification bodies.3. The certification bodies referred to in paragraphs 1(b) and 2
(b) shall comply with, and from 1 May 2010 be accredited inaccordance with, the European standard EN 45011 or ISO/IECGuide 65 (General requirements for bodies operating productcertification systems).
4. Where the authority or authorities referred to in para-
graphs 1(a) and 2(a), verify compliance with the productspecification, they shall offer adequate guarantees of objectivityand impartiality, and have at their disposal the qualified staff andresources needed to carry out their tasks.
Article 49
Amendments to product specifications
1. An applicant satisfying the conditions of Article 37 may
apply for approval of an amendment to the product specificationof a protected designation of origin or geographical indication, inparticular to take account of developments in scientific andtechnical knowledge or to redefine the geographical area referredto in (d) of the second subparagraph of Article 35(2).Applications shall describe and give reasons for the amendmentsrequested.
2. Where the proposed amendment involves one or more
amendments to the single document referred to in Article 35(1)(d), Articles 38 to 41 shall apply mutatis mutandis to the
amendment application. However, if the proposed amendment isonly minor, it shall be decided, in accordance with the procedurereferred to in Article 113(2), whether to approve the applicationwithout following the procedure laid down in Article 39(2)and Article 40 and in the case of approval, the Commissionshall proceed to publication of the elements referred toin Article 39(3).
3. Where the proposed amendment does not involve any
change to the single document, the following rules shall apply:
(a) where the geographical area is in a given Member State, that
Member State shall express its position on the amendmentand, if it is in favour, shall publish the amended productspecification and inform the Commission of the amend-ments approved and the reasons for them;
(b) where the geographical area is in a third country, the
Commission shall determine whether to approve theproposed amendment.Article 50
Cancellation
It may be decided, in accordance with the procedure referred to
in Article 113(2), at the initiative of the Commission or at a dulysubstantiated request of a Member State, of a third country or ofa natural or legal person having a legitimate interest, to cancelthe protection of a designation of origin or a geographicalindication if compliance with the corresponding productspecification is no longer ensured.
Articles 38 to 41 shall apply mutatis mutandis.
Article 51
Existing protected wine names
1. Wine names, which are protected in accordance with
Articles 51 and 54 of Regulation (EC) No 1493/1999 andArticle 28 of Regulation (EC) No 753/2002, shall automaticallybe protected under this Regulation. The Commission shall listthem in the register provided for in Article 46 of this Regulation.
2. Member States shall, in respect of existing protected wine
names referred to in paragraph 1, transmit to the Commission:
(a) the technical files as provided for in Article 35(1);(b) the national decisions of approval.3. Wine names referred to in paragraph 1, for which the
information referred to in paragraph 2 is not submitted by31 December 2011, shall lose protection under this Regulation.
The Commission shall take the corresponding formal step of
removing such names from the register provided for inArticle 46.
4. Article 50 shall not apply in respect of existing protected
wine names referred to in paragraph 1.
It may be decided, until 31 December 2014, at the initiative of
the Commission and in accordance with the procedure referredto in Article 113(2), to cancel protection of existing protectedwine names referred to in paragraph 1 if they do not meet theconditions laid down in Article 34.
Section 6
General provisions
Article 52
Implementing measures
The measures necessary for the implementation of this Chapter
shall be adopted in accordance with the procedure referred to inArticle 113(1).L 148/22 EN Official Journal of the European Union 6.6.2008Those measures may in particular include derogations from the
applicability of the rules and requirements laid down in thisChapter:
(a) in so far as pending applications for protection of
designations of origin or geographical indications areconcerned;
(b) in so far as the production of certain wines with a protected
designation of origin or geographical indication in ageographical area in proximity of the geographical areawhere the grapes originate is concerned;
(c) in so far as traditional production practices of certain wines
with a protected designation of origin are concerned.
Article 53
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 andrequests for cancellations under this Regulation.
CHAPTER V
Traditional terms
Article 54
Definition
1. ‘Traditional term’ shall mean a term traditionally used in
Member States for products referred to in Article 33(1) todesignate:
(a) that the product has a protected designation of origin or
geographical indication under Community or Member Statelaw;
(b) the production or ageing method or the quality, colour,
type of place, or a particular event linked to the history, ofthe product with a protected designation of origin orgeographical indication.
2. Traditional terms shall be recognised, defined and protected
in accordance with the procedure referred to in Article 113(1).
Article 55
Protection
1. A protected traditional term may only be used for a product
which has been produced in conformity with the definitionreferred to in Article 54(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 Commu-
nity.
Article 56
Implementing measures
The measures necessary for the implementation of this Chapter
shall be adopted in accordance with the procedure referred to inArticle 113(1), in particular concerning:
(a) the procedure conferring protection;
(b) the specific level of protection.
CHAPTER VI
Labelling and presentation
Article 57
Definitions
For the purposes of this Regulation:
(a) ‘labelling’ shall mean any words, particulars, trademarks,
brand name, pictorial matter or symbol placed on anypackaging, document, notice, label, ring or collar accom-panying or referring to a given product;
(b) ‘presentation’ shall mean any information conveyed to
consumers by virtue of the packaging of the productconcerned including the form and type of bottles.
Article 58
Applicability of horizontal rules
Save as otherwise provided for in this Regulation, Directive 89/
104/EEC, Council Directive 89/396/EEC of 14 June 1989 onindications or marks identifying the lot to which a foodstuffbelongs (
1), Directive 2000/13/EC and Directive 2007/45/EC of
the European Parliament and of the Council of 5 September2007 laying down rules on nominal quantities for prepacked
products (
2) shall apply to the labelling and presentation of
products falling within their scopes.6.6.2008 EN Official Journal of the European Union L 148/23
(1) OJ L 186, 30.6.1989, p. 21. Directive as last amended by Directive
92/11/EEC (OJ L 65, 11.3.1992, p. 32).
(2) OJ L 247, 21.9.2007, p. 17.Article 59
Compulsory particulars
1. Labelling and presentation of the products referred to in
paragraphs 1 to 11, 13, 15 and 16 of Annex IV marketed in theCommunity or for export shall contain the following compul-sory 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:
(i) the term ‘protected designation of origin’ or‘protected
geographical indication’; and
(ii) the name of the protected designation of origin or
geographical indication;
(c) the actual alcoholic strength by volume;
(d) an indication of provenance;
(e) an indication of the bottler or, in the case of sparkling wine,
aerated sparkling wine, quality sparkling wine or qualityaromatic sparkling wine, the name of the producer orvendor;
(f) an indication of the importer in the case of imported wines;(g) in the case of sparkling wine, aerated sparkling wine, quality
sparkling wine or quality aromatic sparkling wine, anindication of the sugar content.
2. By way of derogation from paragraph 1(a) the reference to
the category of the grapevine product may be omitted for wineswhose labels include the protected name of a designation oforigin or geographical indication.
3. By way of derogation from paragraph 1(b) the reference to
the terms ‘protected designation of origin’ or ‘protected
geographical indication’ may be omitted in the following cases:
(a) where a traditional term as referred to in Article 54(1)(a) is
displayed on the label;
(b) where, in exceptional circumstances to be determined in
accordance with the procedure referred to in Article 113(1),the name of the protected designation of origin orprotected geographical indication is displayed on the label.
Article 60
Optional particulars
1. Labelling and presentation of products referred to in
Article 59(1) may in particular contain the following optionalparticulars:
(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 59(1)(g), terms indicating the sugar content;
(d) for wines with a protected designation of origin or
geographical indication, traditional terms as referred to inArticle 54(1)(b);
(e) the Community symbol indicating the protected designa-
tion of origin or geographical indication;
(f) terms referring to certain production methods;
(g) for wines bearing a protected designation of origin or
geographical indication the name of another geographicalunit that is smaller or larger than the area underlying thedesignation of origin or geographical indication.
2. Without prejudice to Article 42(3), as regards the use of
particulars referred to in paragraph 1(a) and (b) for wineswithout a protected designation of origin or geographicalindication:
(a) Member States shall introduce laws, regulations or
administrative provisions to ensure certification, approvaland control procedures so as to guarantee the veracity ofthe information concerned;
(b) Member States may, on the basis of non-discriminatory and
objective criteria and with due regard to loyal competition,for wine produced from wine grape varieties on theirterritory, draw-up lists of excluded wine grape varieties, inparticular 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 winegrape variety forms an integral part of an existingprotected designation of origin or geographicalindication;
(ii) the relevant controls would not be cost-effective due
to the fact that the given wine grape variety representsa very small part of the Member State vineyard;
(c) mixtures of wines from different Member States shall not
give rise to labelling of the wine grape variety or varietiesunless the Member States concerned agree otherwise andensure the feasibility of the relevant certification, approvaland control procedures.
Article 61
Languages
1. Compulsory and optional particulars referred to in
Articles 59 and 60 shall, where expressed in words, appear inone or more of the official languages of the Community.L 148/24 EN Official Journal of the European Union 6.6.20082. Notwithstanding paragraph 1, the name of a protected
designation of origin or geographical indication or a traditionalterm as referred to in Article 54(1)(a) shall appear on the label inthe language or languages for which the protection applies.
In the case of protected designations of origin or geographical
indications or national specific designations using a non-Latinalphabet, the name may also appear in one or more officiallanguages of the Community.
Article 62
Enforcement
The competent authorities of the Member States shall take
measures to ensure that a product referred to in Article 59(1) notlabelled in conformity with this Chapter is not placed on, or iswithdrawn from, the market.
Article 63
Implementing measures
The measures necessary for the implementation of this Chapter
shall be adopted in accordance with the procedure referred to inArticle 113(1).
Those measures may in particular include:(a) details on the indication of provenance of the relevant
product;
(b) the terms of use of the optional particulars listed in
Article 60;
(c) specific requirements relating to the indications concerning
the vintage year and the wine grape variety displayed onlabels as referred to in Article 60(2);
(d) further derogations in addition to those referred to in
Article 59(2) which provide that the reference to thecategory of the grapevine product may be omitted;
(e) rules concerning protection to be conferred in relation to
the presentation of a given product.
CHAPTER VII
Producer and inter-branch organisations
Article 64
Producer organisations
1. Member States may recognise producer organisations which:
(a) are constituted by producers of products covered by this
Regulation;
(b) are formed on the initiative of producers;(c) pursue a specific aim, which may in particular relate to one
or more of the following:
(i) adapting production jointly to the requirements of the
market and improving the product;
(ii) promoting concentration of supply and the placing
on the market of the products produced by itsmembers;
(iii) promoting the rationalisation and improvement of
production and processing;
(iv) reducing production costs and market management
costs and stabilising producer prices;
(v) promoting and providing technical assistance for the
use of environmentally respectful cultivation practicesand production techniques;
(vi) promoting initiatives for the management of by-
products of wine making and the management ofwaste in particular to protect the quality of water, soiland landscape and preserving or encouraging biodi-versity;
(vii) carrying out research into sustainable production
methods and market developments;
(viii) contributing to the achievement of support pro-
grammes as referred to in Chapter I of Title II;
(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, market-ing 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;
(iii) 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 theapplication contains the following items:
(i) evidence that the entity meets the requirements laid
down in (a) to (d);
(ii) evidence that it has a minimum number of members,
to be laid down by the Member State concerned;
(iii) evidence that it covers a minimum volume of
marketable production in the area where theorganisation operates, to be laid down by the MemberState concerned;6.6.2008 EN Official Journal of the European Union L 148/25(iv) evidence that it can carry out its activities properly,
both over time and in terms of effectiveness andconcentration of supply;
(v) evidence that it effectively enables its members to
obtain technical assistance in using environmentallysound cultivation practices.
2. Producer organisations recognised in accordance with
Regulation (EC) No 1493/1999 shall be considered as recognisedproducer organisations under this Article.
Article 65
Inter-branch organisations
1. Member States may recognise inter-branch organisations
which:
(a) are made up of representatives of economic activities in the
production of, trade in, or processing of products coveredby this Regulation;
(b) are formed on the initiative of all or some of the
representatives referred to in (a);
(c) carry out one or more of the following measures in one or
more regions of the Community, taking account of publichealth and the interests of consumers:
(i) improving knowledge and transparency of production
and the market;
(ii) helping to better coordinate the way products are
placed on the market, in particular by means ofresearch and market studies;
(iii) drawing up standard forms of contract compatible
with Community rules;
(iv) exploiting more fully the potential of production;(v) providing the information and carrying out the
research necessary to adjust production towardsproducts more suited to market requirements andconsumer tastes and expectations, in particular withregard to product quality and protection of theenvironment;
(vi) providing information on particular characteristics of
wine with a protected designation of origin orgeographical indication;
(vii) seeking ways of restricting the use of plant-health
products and other inputs and ensuring productquality and soil and water conservation;
(viii) promoting integrated production or other environ-
mentally sound production methods;(ix) encouraging moderate and responsible consumption
of wine and informing on the harm linked tohazardous consumption patterns;
(x) carrying out promotion actions for wine, especially in
third countries;
(xi) developing methods and instruments for improving
product quality at all stages of production, vinificationand marketing;
(xii) exploiting, protecting and promoting the potential of
organic farming;
(xiii) exploiting, protecting and promoting quality labels
and protected designations of origin and geographicalindications;
(d) have lodged an application for recognition with the
Member State concerned and the application contains thefollowing items:
(i) evidence that the entity meets the requirements laid
down in (a) to (c);
(ii) evidence that the entity carries out its activities in one
or more regions in the territory concerned;
(iii) evidence that the entity represents a significant share
of the production of or trade in products covered bythis Regulation;
(iv) evidence that the entity does not engage in the
production or processing or marketing of productscovered 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 thisArticle.
Article 66
Recognition procedure
1. Applications for recognition as a producer organisation or
inter-branch organisation shall be lodged with and examined bythe 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 thelodging of the application.
Article 67
Marketing rules
1. In order to improve and stabilise the operation of the
common market in wines including the grapes, musts and winesfrom which they derive, producer Member States, particularly byL 148/26 EN Official Journal of the European Union 6.6.2008way of implementing decisions taken by inter-branch organisa-
tions, may lay down marketing rules to regulate supply.
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 andmarketing of wines where such marketing is in accordancewith those rules.
2. The rules referred to in paragraph 1 must be brought to the
attention of operators by publication in extenso in an official
publication of the Member State concerned.
Article 68
Monitoring
Member States shall:
(a) carry out checks at regular intervals to ascertain that
producer organisations and inter-branch organisationscomply with the terms and conditions for recognition laiddown in Articles 64 and 65;
(b) withdraw recognition if a producer or inter-branch
organisation no longer complies with the relevant require-ments and impose penalties on such organisations in theevent of non-compliance or irregularities.
Article 69
Communication
By 1 March each year and for the first time by 1 March 2009
Member States shall report to the Commission the decisions oractions they have taken in accordance with Articles 66, 67 and68 during the previous calendar year.TITLE IV
TRADE WITH THIRD COUNTRIES
CHAPTER I
Common provisions
Article 70
General principles
1. Save as otherwise provided for in this Regulation, the rates
of duty in the Common Customs Tariff shall apply to the
products covered by this Regulation.
2. Save as otherwise provided for in this Regulation or in
provisions adopted pursuant thereto, the following shall beprohibited in trade with third countries:
(a) the levying of any charge having equivalent effect to a
customs duty;
(b) the application of any quantitative restriction or measure
having equivalent effect.
Article 71
Combined Nomenclature
The general rules for the interpretation of the Combined
Nomenclature and the special rules for its application shall applyto the classification of products covered by this Regulation. Thetariff nomenclature resulting from the application of thisRegulation including, as the case may be, the definitions andcategories in Annexes I and IV shall be included in the CommonCustoms Tariff.
CHAPTER II
Import and export licences
Article 72
Import and export licences
1. It may be decided, in accordance with the procedure referred
to in Article 113(1), that imports into the Community or exportsfrom the Community of one or more of the products fallingunder CN codes 2009 61, 2009 69 and 2204 shall be subject to
the presentation of an import or export licence.
2. When applying paragraph 1, account shall be taken of the
need for licences for the management of the markets concernedand, in particular, in the case of import licences, for monitoringthe imports of the products in question.6.6.2008 EN Official Journal of the European Union L 148/27Article 73
Issue of licences
Import and export licences shall be issued by Member States to
any applicant, irrespective of his place of establishment in theCommunity, unless a Council Regulation or any other act of theCouncil provides otherwise, and without prejudice to measurestaken for the application of Chapter IV.
Article 74
Validity of licences
Import and export licences shall be valid throughout the
Community.
Article 75
Security
1. Save as otherwise provided for in accordance with the
procedure referred to in Article 113(1), import and exportlicences shall be issued subject to the lodging of a securityguaranteeing that the products are imported or exported duringthe 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, oris carried out only partially, within the period of validity of thelicence.
Article 76
Special security
1. For juice and musts falling under CN codes 2009 61,
2009 69 and 2204 30 for which the application of the CommonCustoms Tariff duties depends on the import price of theproduct, the actual amount of that price shall be verified eitherby checking every consignment or by using a flat-rate importvalue calculated by the Commission on the basis of pricequotations 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 amargin adopted in accordance with the procedure referred to inArticle 113(1) that may not exceed the flat-rate value by morethan 10 %, a security must be lodged equal to the import dutiesdetermined on the basis of the flat-rate import value.
If the entry price of the consignment is not declared, the
application of Common Customs Tariff shall be dependent onthe flat-rate import value or on the application, under conditionsto be determined in accordance with the procedure referred to inArticle 113(1), of the relevant provisions of customs legislation.2. Should derogations by the Council referred to in points B.5
or C of Annex VI be applied to imported products, importersshall lodge a security for those products with the designatedcustoms authorities at the time of release for free circulation. Thesecurity shall be released on presentation by the importer ofproof, to the satisfaction of the customs authorities of theMember State of release for free circulation, that the musts weremade into grape juice, used in other products outside the winesector or, if vinified, have been appropriately labelled.
Article 77
Implementing measures
The measures necessary for the implementation of this Chapter
shall be adopted in accordance with the procedure referred to inArticle 113(1).
Those measures may in particular include:(a) the setting of criteria for determining which control
method is to be applied;
(b) the factors that are to enter into the calculation of flat-rate
import values;
(c) the level of securities referred to in Articles 75 and 76 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 import or
export licences shall be issued and their term of validity.
CHAPTER III
Safeguard and inward and outward processing
Article 78
Safeguard measures
1. Safeguard measures against imports into the Community
shall be taken by the Commission, subject to paragraph 3 of thisArticle, in accordance with Council Regulation (EC) No 519/94of 7 March 1994 on common rules for imports from certainthird countries (
1) and Council Regulation (EC) No 3285/94 of
22 December 1994 on the common rules for imports (2).
2. Save as otherwise provided for pursuant to any other act of
the Council, safeguard measures against imports into theCommunity provided for in international agreements concludedin accordance with Article 300 of the Treaty shall be taken by theCommission in accordance with paragraph 3 of this Article.L 148/28 EN Official Journal of the European Union 6.6.2008
(1) OJ L 67, 10.3.1994, p. 89. Regulation as last amended by Regulation
(EC) No 427/2003 (OJ L 65, 8.3.2003, p. 1).
(2) OJ L 349, 31.12.1994, p. 53. Regulation as last amended by
Regulation (EC) No 2200/2004 (OJ L 374, 22.12.2004, p. 1).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 owninitiative. If the Commission receives a request from a MemberState, it shall take a decision thereon within five working daysfollowing 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 Statewithin five working days of the date on which they were notified.The Council shall meet without delay. It may, acting by qualifiedmajority, amend or repeal the decisions in question within onemonth following the date on which they were referred to theCouncil.
4. Where the Commission considers that any safeguard
measure taken in accordance with paragraphs 1 or 2 should berevoked or amended, it shall proceed as follows:
(a) where the measure was enacted by the Council, the
Commission shall propose to the Council that it berevoked or amended. The Council shall act by a qualifiedmajority;
(b) in all other cases, Community safeguard measures shall be
revoked or amended by the Commission.
Article 79
Additional import duties
1. An additional import duty shall apply to imports, subject to
the rate of duty laid down in Article 70(1), of grape juice and
grape must where marked with a special safeguard clauseindication (SSG) in the Agreement on Agriculture concludedduring the Uruguay Round Multilateral Trade Negotiations, inorder to prevent or counteract adverse effects on the market ofthe Community which may result from those imports, if:
(a) the imports are made at a price below the level notified by
the Community to the WTO; or
(b) the volume of imports in any year exceeds a certain level.
The volume referred to in (b) shall be based on market access
opportunities defined, where applicable, as imports as apercentage of the corresponding domestic consumption duringthe three previous years.
2. Additional import duties shall not be imposed where the
imports are unlikely to disturb the Community market, or wherethe effects would be disproportionate to the intended objective.
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 theCommunity import market for that product.Article 80
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 maybe decided, at the request of a Member State or on theCommission's initiative and in accordance with the procedurereferred to in Article 113(1), to suspend fully or partially the useof inward or outward processing arrangements for the productscovered by this Regulation. If the Commission receives a requestfrom a Member State, a decision thereon shall be taken withinfive working days following receipt of the request.
The Member States shall be notified of such measures, which
shall be immediately applicable.
Measures decided pursuant to the first subparagraph may be
referred to the Council by any Member State within five workingdays of the date on which they were notified. The Council shallmeet without delay. It may, acting by qualified majority, amendor repeal the measures in question within one month followingthe 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 oroutward processing arrangements for the products covered bythis Regulation may be fully or partially prohibited by theCouncil, acting in accordance with the procedure laid down inArticle 37(2) of the Treaty.
Article 81
Implementing measures
The measures necessary for the implementation of this Chapter
shall be adopted in accordance with the procedure referred to inArticle 113(1).
CHAPTER IV
Rules applying to imports
Article 82
Import requirements
1. Save as otherwise provided for, in particular in agreements
concluded pursuant to Article 300 of the Treaty, the provisionsconcerning designations of origin and geographical indicationsand labelling set out in Chapters III and IV of Title III of thisRegulation, where applicable, as well as Article 25(2) of thisRegulation shall apply to products falling under CN codes2009 61, 2009 69 and 2204 which are imported into theCommunity.6.6.2008 EN Official Journal of the European Union L 148/292. Save as otherwise provided in agreements concluded
pursuant to Article 300 of the Treaty, products referred to inparagraph 1 of this Article shall be produced in accordance withoenological practices recommended and published by the OIV orauthorised by the Community pursuant to this Regulation and itsimplementing measures.
3. The importation of the products referred to in paragraph 1
shall be subject to the presentation of:
(a) a certificate evincing compliance with the provisions
referred to in paragraphs 1 and 2, to be drawn up by acompetent body, included on a list to be made public by theCommission, in the country from which the productcomes;
(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 humanconsumption.
Article 83
Tariff quotas
1. Tariff quotas for imports of products covered by this
Regulation resulting from agreements concluded in accordancewith Article 300 of the Treaty or from any other act of theCouncil shall be opened and administered in accordance with theprocedure referred to in Article 113(1) of this Regulation.
2. Tariff quotas shall be administered in a manner which avoids
any discrimination between the operators concerned, byapplying one of the following methods or a combination ofthem or another appropriate method:
(a) a method based on the chronological order of the lodging
of applications (first come, first served principle);
(b) a method of distribution in proportion to the quantities
requested when the applications were lodged (simultaneousexamination method);
(c) a method based on taking traditional trade patterns 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 thesupply requirements of the Community market and the need tosafeguard the equilibrium of that market.
Article 84
Implementing measures
The measures necessary for the implementation of this Chapter
shall be adopted in accordance with the procedure referred to inArticle 113(1).Those measures may in particular include:
(a) details on the import requirements;
(b) guarantees covering the nature, provenance and origin of
the product;
(c) recognition of the document used for verifying the
guarantees referred to in (b).
TITLE V
PRODUCTION POTENTIAL
CHAPTER I
Unlawful plantings
Article 85
Unlawful plantings planted after 31 August 1998
1. Producers shall grub up at their own cost areas planted with
vines without a corresponding planting right, where applicable,after 31 August 1998.
2. Pending grubbing-up in accordance with paragraph 1,
grapes and products made from grapes from areas referred toin that paragraph may be put into circulation only for thepurposes of distillation at the exclusive expense of the producer.The products resulting from distillation may not be used in thepreparation of alcohol having an actual alcoholic strength byvolume of 80 % or less.
3. Without prejudice, where applicable, to earlier penalties
imposed by Member States, Member States shall, from31 December 2008 onwards, impose penalties on producerswho have not complied with this grubbing-up obligationgraduated according to the severity, extent and duration of thenon-compliance.
4. Member States shall communicate to the Commission by
1 March each year the areas planted with vines without acorresponding planting right after 31 August 1998 as well as theareas 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 90(1), shall not
affect the obligations provided for in this Article.
Article 86
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 vineswithout a corresponding planting right, where applicable, before1 September 1998.L 148/30 EN Official Journal of the European Union 6.6.2008Without prejudice to any proceedings under clearance of
accounts, the first subparagraph shall not apply to areasregularised on the basis of Article 2(3) of Regulation (EC)No 1493/1999.
2. The fee referred to in paragraph 1 shall be determined by
Member States. It shall be equivalent to at least twice the averagevalue of the corresponding planting right in the regionconcerned.
3. Pending regularisation under paragraph 1, grapes or
products made from grapes from areas referred to that paragraphmay be put into circulation only for the purpose of distillation atthe exclusive expense of the producer. The products may not beused in the preparation of alcohol having an actual alcoholicstrength of 80 % vol. or less.
4. Unlawful areas referred to in paragraph 1 which are not
regularised in accordance with that paragraph by 31 December2009 shall be grubbed up by the producers concerned at theirown expense.
Member States shall impose penalties, graduated according to the
severity, extent and duration of the non-compliance, onproducers who do not comply with this grubbing-up obligation.
Pending the grubbing-up referred to in the first subparagraph,
paragraph 3 shall apply mutatis mutandis.
5. Member States shall communicate to the Commission by
1 March of each of the relevant years:
(a) the areas planted with vines without a corresponding
planting right before 1 September 1998;
(b) the areas regularised in accordance with paragraph 1, the
fees as provided for in that paragraph as well as the averagevalue of the regional planting rights as provided for inparagraph 2.
Member States shall, for the first time by 1 March 2010,
communicate to the Commission the areas grubbed up inaccordance 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 90(1), shall notaffect the obligations provided for in paragraphs 3, 4 and 5.
Article 87
Control of non-circulation or distillation
1. In relation to Article 85(2) and Article 86(3) and (4),
Member States shall require proof of non-circulation of theproducts concerned or, where the products concerned are
distilled, the submission of distillation contracts.
2. Member States shall verify non-circulation and distillation
referred to in paragraph 1. They shall impose penalties in case ofnon-compliance.3. Member States shall notify the Commission of the areas
subject to distillation and the corresponding volumes of alcohol.
Article 88
Accompanying measures
Areas referred to in the first subparagraph of Article 86(1) as
long as they are not regularised and areas referred to inArticle 85(1) shall not benefit from any national or Communitysupport measures.
Article 89
Implementing measures
The measures necessary for the implementation of this Chapter
shall be adopted in accordance with the procedure referred to inArticle 113(1).
Those measures may include:
(a) details on the communication requirements of Member
States including possible reductions of the budget alloca-tions referred to in Annex II in case of non-compliance;
(b) details on the penalties to be imposed by Member States in
case of non-compliance with the obligations laid down inArticles 85, 86 and 87.
CHAPTER II
Transitional planting right regime
Article 90
Transitional prohibition on planting vines
1. Without prejudice to Article 24 and in particular para-
graph 3 thereof, the planting of vines of wine grape varietiesclassifiable according to Article 24(1) shall be prohibited until31 December 2015.
2. Until 31 December 2015, grafting-on of wine grape
varieties classifiable according to Article 24(1) to varieties otherthan wine grape varieties referred to in that Article shall also beprohibited.
3. Notwithstanding paragraphs 1 and 2, plantings and grafting-
on as referred to in those paragraphs shall be allowed if coveredby:
(a) a new planting right, as provided for in Article 91;
(b) a replanting right, as provided for in Article 92;
(c) a planting right granted from a reserve as provided for in
Articles 93 and 94.6.6.2008 EN Official Journal of the European Union L 148/314. The planting rights referred to in paragraph 3 shall be
granted in hectares.
5. Articles 91 to 96 shall apply until 31 December 2015.
6. Member States may decide to maintain the prohibition
referred to in paragraph 1 in their territory or parts of theirterritory until 31 December 2018 at the latest. In such case therules governing the transitional planting right regime as laiddown in this Chapter including this Article shall applyaccordingly in the given Member State.
Article 91
New planting rights
1. Member States may grant new planting rights to producers
in respect of areas:
(a) intended for new plantings carried out under measures for
land consolidation or measures concerning compulsorypurchases in the public interest adopted under nationallegislation;
(b) intended for experimental purposes;
(c) intended for graft nurseries; or(d) whose wine or vine products are intended solely for the
consumption by the wine-grower's household.
2. New planting rights granted shall:
(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 92
Replanting rights
1. Member States shall grant replanting rights to producers
who have grubbed up an area planted with vines.
However, grubbed-up areas for which a grubbing-up premium is
granted in accordance with Chapter III shall not generatereplanting 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 atthe latest at the end of the third year after which new vines forwhich the replanting rights had been granted have been planted.
3. Replanting rights granted shall correspond to the equivalent
of the grubbed-up area in terms of pure crop.4. The replanting rights shall be exercised on the holding in
respect of which they were granted. Member States may furtherstipulate that such replanting rights may be exercised only on thearea 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 inpart, to another holding in the same Member State in thefollowing cases:
(a) part of the holding concerned is transferred to that other
holding;
(b) areas on that other holding are intended for:
(i) the production of wines with a protected designation
of origin or a protected geographical indication; or
(ii) the cultivation of graft nurseries.
Member States shall ensure that the application of the derogation
provided for in the first subparagraph does not lead to an overallincrease in production potential on their territory, in particularwhen transfers are made from non-irrigated to irrigated areas.
6. Paragraphs 1 to 5 shall apply mutatis mutandis to rights
similar to replanting rights acquired under prior Community ornational legislation.
7. Replanting rights granted under Article 4(5) of Regulation
(EC) No 1493/1999 shall be used within the periods provided for
therein.
Article 93
National and regional reserve of planting rights
1. In order to improve management of the production
potential Member States shall create a national reserve orregional reserves of planting rights.
2. Member States which have established national or regional
reserves of planting rights under Regulation (EC) No 1493/1999may maintain those reserves as long as they apply thetransitional planting right regime in accordance with thisChapter.
3. The following planting rights shall be allocated to the
national or regional reserves if they are not used within theprescribed period:
(a) new planting rights;
(b) replanting rights;(c) planting rights granted from the reserve.L 148/32 EN Official Journal of the European Union 6.6.20084. Producers may transfer replanting rights to the national or
regional reserves. The conditions of such transfer, wherenecessary in return for a payment from national funds, shallbe determined by the Member States taking into account thelegitimate 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 canprove that an effective alternative system for managing plantingrights exists throughout their territory. The alternative systemmay, where necessary, derogate from the relevant provisions ofthis Chapter.
The first subparagraph shall also apply to Member States which
cease the operation of national or regional reserves underRegulation (EC) No 1493/1999.
Article 94
Granting planting rights from the reserve
1. Member States may grant rights out of a reserve:
(a) without payment, to producers who are under 40 years of
age, who possess adequate occupational skill and compe-tence, who are setting up for the first time and who areestablished 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 plantvineyards whose production has an assured outlet.
Member States shall define the criteria for setting the amounts of
the payment referred to in (b), which may vary depending on thefinal intended product of the vineyards concerned and on theresidual transitional period during which the prohibition on newplantings as provided for in Article 90(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 productionis adapted to market demand;
(b) the yields concerned are typical of the average in the region,
in particular where planting rights originating in non-irrigated areas are used in irrigated areas.
3. Planting rights granted from a reserve which are not used
before the end of the second wine year after the one in whichthey were granted shall be forfeited and re-allocated to thereserve.
4. Planting rights in a reserve which are not disbursed before
the end of the fifth wine year following their allocation to thereserve shall be extinguished.5. If regional reserves exist in a Member State, the Member
State may lay down rules permitting the transfer of plantingrights between regional reserves. If both regional and nationalreserves exist in a Member State, the Member State may alsoallow for transfers between those reserves.
Transfers may be subject to a reduction coefficient.
Article 95
De minimis
This Chapter shall not apply in Member States where the
Community planting right regime did not apply by 31 December2007.
Article 96
Stricter national rules
Member States may adopt stricter national rules in respect of the
award of new planting rights or replanting rights. They mayrequire that the respective applications and the relevantinformation to be supplied therein be supplemented byadditional information necessary for monitoring the develop-ment of production potential.
Article 97
Implementing measures
The measures necessary for the implementation of this Chapter
shall be adopted in accordance with the procedure referred to inArticle 113(1).
Those measures may in particular include:
(a) provisions to avoid excessive administrative charges when
applying the provisions of this Chapter;
(b) the co-existence of vines pursuant to Article 92(2);(c) the application of the reduction coefficient referred to in
Article 94(5).
CHAPTER III
Grubbing-up scheme
Article 98
Scope and definition
This Chapter lays down the conditions under which vine-growers
shall receive a premium in exchange for grubbing up vines(hereinafter referred to as the grubbing-up premium).6.6.2008 EN Official Journal of the European Union L 148/33Article 99
Duration of the scheme
The grubbing-up scheme shall apply until the end of the wine
year 2010/2011.
Article 100
Conditions of eligibility
The grubbing-up premium may be granted only if the area
concerned complies with the following conditions:
(a) it did not receive Community or national support for
restructuring and conversion-type measures within the 10wine years preceding the grubbing-up request;
(b) it did not receive Community support under any other
common market organisation within the five wine yearspreceding the grubbing-up request;
(c) it is tended;
(d) it is not smaller than 0,1 hectare. However, that minimum
size may be 0,3 hectare, if a Member State so decides, forcertain administrative regions of that Member State inwhich the average of the area planted with vines of a wineholding exceeds one hectare;
(e) it has not been planted in violation of any applicable
Community or national provision;
(f) it is planted with a wine grape variety classifiable according
to Article 24(1).
Notwithstanding point (e), areas regularised in accordance with
Article 2(3) of Regulation (EC) No 1493/1999 and Article 86(1)of this Regulation shall be eligible for the grubbing-up premium.
Article 101
Amount of the grubbing-up premium
1. Scales for the grubbing-up premiums to be granted shall be
fixed in accordance with the procedure referred to in Article 113(1).
2. The specific amount of the grubbing-up premium shall be
established by Member States within the scales referred to inparagraph 1 and on the basis of the historical yields of theholding concerned.
Article 102
Procedure and budget
1. Interested producers shall submit applications for the
grubbing-up premium to the respective authorities in MemberStates not later than 15 September of each year. Member Statesmay 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 providedfor in Article 104.
2. Member States shall carry out administrative controls
concerning the applications received, process eligible applica-tions and notify to the Commission by 15 October each year thetotal area and amounts covered by those applications split byregions 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 113(1), a single percentage foracceptance of the amounts notified shall be set if the totalamount notified to the Commission by Member States exceedsthe available budget resources, regard being had, whereapplicable, to the application of Articles 104(2) and (3).
5. By 1 February each year, Member States shall accept the
applications:
(a) for the areas applied for in their entirety if the Commission
has not set a percentage as referred to in paragraph 4; or
(b) for the areas resulting from the application of the
percentage referred to in paragraph 4 based on objectiveand non-discriminatory criteria and in accordance with thefollowing priorities:
(i) Member States shall give priority to applicants whose
application for the grubbing-up premium covers their
entire vineyard;
(ii) Member States shall give second priority to applicants
who are not less than 55 years old, or older whereMember States so provide.
By 1 March each year, Member States shall notify the
Commission of the applications accepted split by regions andby yield ranges and the total amount of grubbing-up premiumspaid by region.
6. For the preceding wine year, Member States shall notify the
Commission, by 1 December each year, of:
(a) the areas grubbed-up split by regions and by yield ranges;
(b) the total amount of grubbing-up premiums paid by region.
Article 103
Cross-compliance
Where farmers are found not to have complied on their holding,
at any time during three years from payment of the grubbing-uppremium, with the statutory management requirements and theL 148/34 EN Official Journal of the European Union 6.6.2008good agricultural and environmental condition referred to in
Articles 3 to 7 of Regulation (EC) No 1782/2003, the amount ofthe payment shall, where non-compliance is the result of anaction or omission directly imputable to the farmer, be reducedor cancelled, partially or wholly depending on the severity,extent, permanence and repetition of the non-compliance, andthe farmer shall, where applicable, be ordered to reimburse it inaccordance with the conditions set out in those provisions.
Article 104
Exemptions
1. A Member State may decide to reject any further
applications referred to in Article 102(1) once the accumulatedgrubbed-up area on its territory reaches 8 % of its area plantedwith vines as referred to in Annex VIII.
A Member State may decide to reject any further applications
referred to in Article 102(1) for a region once the accumulatedgrubbed-up area in that region reaches 10 % of the region's areaplanted with vines.
2. It may be decided, in accordance with the procedure referred
to in Article 113(1), to stop the application of the grubbing-upscheme in a Member State if, taking into account the pendingapplications, continued grubbing-up would lead to a cumulatedarea grubbed-up of more than 15 % of the Member State's totalarea planted with vines as referred to in Annex VIII.
3. It may be decided, in accordance with the procedure referred
to in Article 113(1), to stop the application of the grubbing-upscheme in a Member State for a given year if, taking into accountthe pending applications, continued grubbing-up would lead toan area grubbed-up of more than 6 % of the Member State's totalarea planted with vines as referred to in Annex VIII in thatparticular year of the scheme's operation.
4. Member States may declare vines in mountain and steep-
slope areas ineligible for the grubbing-up scheme in accordancewith conditions to be determined in accordance with theprocedure referred to in Article 113(1).
5. Member States may declare areas ineligible for the grubbing-
up scheme where application of the scheme would beincompatible with environmental concerns. Areas thus declaredineligible shall not exceed 3 % of the total area planted with vinesas referred to in Annex VIII.
6. Greece may declare areas planted with vines on the Aegean
islands and the Greek Ionian islands, with the exception of Creteand Eubia, ineligible under the grubbing-up scheme.
7. The grubbing-up scheme set out in this Chapter shall not
apply in the Azores, Madeira and Canary Islands.
8. Member States deciding to make use of the possibility
provided for in paragraphs 4 to 6 shall communicate, by1 August each year and for the first time on 1 August 2008, to
the Commission, concerning the grubbing-up measure to beimplemented:
(a) the areas declared ineligible;
(b) the justification for ineligibility in accordance with
paragraphs 4 and 5.
9. Member States shall grant producers in the areas ineligible or
declared ineligible under paragraphs 4 to 7 priority under othersupport measures laid down in this Regulation, in particular,where applicable, the restructuring and conversion measureunder the support programmes and rural development mea-sures.
Article 105
De minimis
This Chapter shall not apply in Member States where wine
production does not exceed 50 000 hectolitres per wine year.This production shall be calculated on the basis of the averageproduction during the previous five wine years.
Article 106
Complementary national aid
Member States may grant complementary national aid not
exceeding 75 % of the applicable grubbing-up premium inaddition to the grubbing-up premium granted.
Article 107
Implementing measures
The measures necessary for the implementation of this Chapter
shall be adopted in accordance with the procedure referred to inArticle 113(1).
Those measures may in particular include:(a) details on the conditions of eligibility referred to in
Article 100, in particular as regards proof that areas wereproperly tended in 2006 and 2007;
(b) the premium scales and levels referred to in Article 101;
(c) the criteria for exemption as referred to in Article 104;(d) the reporting requirements of Member States concerning
the implementation of the grubbing-up scheme, includingpenalties in case of delays in reporting and the informationwhich Member States give to producers concerning theavailability of the scheme;6.6.2008 EN Official Journal of the European Union L 148/35(e) the reporting requirements as regards complementary
national aid;
(f) deadlines for payments.
TITLE VI
GENERAL PROVISIONS
Article 108
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 according to Article 24(1) is lessthan 500 hectares shall not be subject to the obligation laiddown in paragraph 1.
Article 109
Inventory
Member States, which provide for the measure ‘restructuring and
conversion of vineyards’ in their support programmes in
accordance with Article 11, shall, on the basis of the vineyardregister referred to in Article 108, submit to the Commission, by1 March each year and for the first time by 1 March 2009, anupdated inventory of their production potential.
Article 110
Duration of vineyard register and inventory
It may be decided, in accordance with the procedure referred to
in Article 113(1), that Articles 108 and 109 no longer apply anytime after 1 January 2016.
Article 111
Compulsory declarations
1. Producers of grapes for wine-making and producers of must
and wine shall declare to the competent national authorities eachyear the quantities produced from the last harvest.
2. Member States may require merchants of grapes for wine-
making to declare each year the quantities marketed from the lastharvest.
3. Producers of must and wine, and merchants other than
retailers, shall declare to the competent national authorities eachyear their stocks of must and wine, whether from the harvest ofthe current year or from the harvest of preceding years. Must andwine imported from third countries shall be stated separately.Article 112
Accompanying documents and register
1. The products covered by this Regulation shall be put into
circulation within the Community only with an officiallyauthorised 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 asmerchants to be determined in accordance with the procedurereferred to in Article 113(1), shall keep inwards and outwardsregisters in respect of those products.
Article 113
Committee procedure
1. Where reference is made to this paragraph, Article 195(2) of
Regulation (EC) No 1234/2007 shall apply.
2. Where reference is made to this paragraph:(a) the Commission shall be assisted by a Regulatory
Committee;
(b) Articles 5 and 7 of Decision 1999/468/EC shall apply;(c) the period referred to in Article 5(6) of Decision 1999/468/
EC shall be three months.
Article 114
Financial resources
The measures provided for in Chapter I of Title II, with the
exception of the measure referred to in Article 7(1)(a), andChapter III of Title V shall constitute intervention to regulateagricultural markets as referred to in Article 3(1)(b) of Regulation(EC) No 1290/2005.
Article 115
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 thisRegulation, notably for market monitoring and analysis and forcomplying with the international obligations concerning the
products covered by this Regulation.
2. Detailed rules shall be adopted in accordance with the
procedure referred to in Article 113(1) to determine whatinformation is necessary for the application of paragraph 1 ofthis Article, as well as its form, content, timing and deadlines andthe arrangements for transmitting or making information anddocuments available.L 148/36 EN Official Journal of the European Union 6.6.2008Article 116
Monitoring
For the purposes of applying this Regulation, Member States
shall ensure that those administration and control procedureswhich relate to areas are compatible with the integratedadministration control system (IACS) as regards the followingelements:
(a) the computerised data base;(b) the identification systems for agricultural parcels referred to
in Article 20(1) of Regulation (EC) No 1782/2003;
(c) the administrative checks.Those procedures shall allow, without any problems or conflicts,
a common functioning or the exchange of data with the IACS.
Article 117
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, the following shall be adoptedin accordance with the procedure referred to in Article 113(1) ofthis Regulation:
(a) the rules ensuring uniform application of Community
provisions in the wine sector, in particular as regardscontrols, and rules governing the specific financialprocedures for the improvement of controls;
(b) the rules concerning administrative and physical controls to
be conducted by the Member States with regard to therespect of obligations resulting from the application of thisRegulation;
(c) a system for applying administrative penalties where non-
compliances with any of the obligations resulting from theapplication of this Regulation is found, taking into accountthe severity, extent, permanence and repetition of the non-compliance found;
(d) the rules regarding recovery of undue payments resulting
from the application of this Regulation;
(e) the rules on reporting of the controls carried out as well as
their results.
Article 118
Designation of responsible national authorities
1. Without prejudice to Article 47, Member States shall
designate one or more authorities which shall be responsiblefor ensuring compliance with Community rules in the winesector. In particular, Member States shall designate thelaboratories authorised to carry out official analyses in the winesector. The designated laboratories shall meet the general criteriafor the operation of testing laboratories set out in ISO/
IEC 17025.
2. Member States shall inform the Commission of the names
and addresses of the authorities and laboratories referred to inparagraph 1. The Commission shall make this informationpublic.
Article 119
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 ofwine in justified cases of crisis.
2. The aid referred to in paragraph 1 shall be proportionate
and allow this crisis to be addressed.
3. The overall amount of aid available in a Member State in any
given year for such aid shall not exceed 15 % of the globallyavailable funds per Member State laid down in annex II for thatyear.
4. Member States who wish to make use of the aid referred to
in paragraph 1 shall submit a duly substantiated notification tothe Commission. The decision on whether the measure isapproved and aid may be granted shall be adopted in accordancewith the procedure referred to in Article 113(1).
5. The alcohol resulting from distillation referred to in
paragraph 1 shall be used exclusively for industrial or energypurposes so as to avoid distortion of competition.
Article 120
Report from the Commission
The Commission shall produce a report by the end of 2012, in
particular taking into account the experience gained with theimplementation of the reform.
Article 121
Implementing measures
The measures necessary for the implementation of this Title shall
be adopted in accordance with the procedure referred to inArticle 113(1).
Those measures may in particular include:(a) details of the vineyard register provided for in Article 108
and in particular of its use concerning monitoring andcontrol of the production potential;
(b) details of the inventory provided for in Article 109 and in
particular of its use concerning monitoring and control ofthe production potential;
(c) details concerning the measurement of areas;6.6.2008 EN Official Journal of the European Union L 148/37(d) penalties in case of non-compliance with the communica-
tion requirements;
(e) the compulsory declarations provided for in Article 111;(f) the accompanying documents and the register provided for
in Article 112;
(g) details on the national aid referred to in Article 119.
TITLE VII
AMENDMENTS, TRANSITIONAL AND FINAL PROVISIONS
CHAPTER I
Amendments
Article 122
Amendment to Regulation (EC) No 1493/1999
In the first subparagraph of Article 2(3) of Regulation (EC)
No 1493/1999, the words ‘31 July 2002’ shall be replaced by the
following:
‘31 July 2008’ .
Article 123
Amendments to Regulation (EC) No 1782/2003
Regulation (EC) No 1782/2003 is hereby amended as follows:
1. point (a) of Article 33(1) shall be replaced by the following:
‘(a) they have been granted a payment in the reference
period referred to in Article 38 under at least one ofthe support schemes referred to in Annex VI or, in thecase of olive oil, in the marketing years referred to inthe second subparagraph of Article 37(1) or, in thecase of sugar beet, cane and chicory, if they havebenefited from market support in the representativeperiod referred to in point K of Annex VII or, in thecase of bananas, if they have benefited fromcompensation for loss of income in the representativeperiod referred to in point L of Annex VII or, in thecase of fruit and vegetables, if they were producers offruit and vegetable products, ware potatoes andnurseries in the representative period applied byMember States for those products pursuant to point Mof Annex VII or, in the case of wine, if they havereceived a payment entitlement as referred to inpoints N and O of Annex VII,’;
2. the following subparagraph shall be added to Article 37(1):
‘For wine the reference amount shall be calculated and
adjusted in accordance with points N and O of Annex VII.’;3. the following paragraph shall be inserted in Article 41:
‘1b. In the case of wine and taking into account the latest
data made available to it by the Member States inaccordance with Articles 9 and 102(6) of CouncilRegulation (EC) No 479 of 29 April 2008 on the commonorganisation of the market in wine (*), the Commissionshall, in accordance with the procedure referred to inArticle 144(2) of this Regulation, adapt the national ceilingsset out in Annex VIII to this Regulation. By 1 December ofthe year preceding the adaptation of the national ceilingsMember States shall communicate to the Commission theregional average of the value of entitlements referred to inpoint N of Annex VII to this Regulation.
(*) OJ L 148, 6.6.2008, p. 1’;
4. the following point shall be inserted in Article 43(2):
‘(ad) in the case of wine, the number of hectares
as calculated in accordance with points Nand O of Annex VII;’
5. Article 44(2) shall be replaced by the following:
‘2. “Eligible hectare” shall mean any agricultural area of
the holding except areas under forests or used for nonagricultural activities.’;
6. Article 51 shall be replaced by the following:
‘Article 51
Agricultural use of the land
Farmers may use the parcels declared in accordance with
Article 44(3) for any agricultural activity.
By way of derogation from the first subparagraph, Member
States may decide by 1 November 2007 that until a date tobe fixed by the Member State but not later than31 December 2010, the parcels in one or more regionsof 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 toallow secondary crops to be cultivated on the eligiblehectares during a period of maximum three monthsstarting each year on 15 August; however, at therequest of a Member State, this date shall be modifiedin accordance with the procedure laid down inArticle 144(2) for regions where cereals are normallyharvested earlier for climatic reasons;
(b) the production of ware potatoes; and/or(c) nurseries.’;L 148/38 EN Official Journal of the European Union 6.6.20087. the following subparagraph shall be added to Article 63(3):
‘With regard to the inclusion of the wine component in the
single payment scheme, Member States may decide, by1 April 2009, to apply the derogation provided for in thefirst subparagraph.’;
8. the following paragraph shall be added to Article 71c:
‘In the case of wine and taking into account the latest data
made available to it by the Member States in accordancewith Articles 9 and 102(6) of Regulation (EC) No 479, theCommission shall, in accordance with the procedurereferred to in Article 144(2) of this Regulation, adapt thenational ceilings set out in Annex VIIIa to this Regulation.By 1 December of the year preceding the adaptation of thenational ceilings Member States shall communicate to theCommission the regional average of the value of entitle-ments referred to in point N of Annex VII to this
Regulation.’;
9. in Article 145:
— the following point shall be inserted:
‘(d)e) detailed rules relating to the inclusion of wine
support into the single payment scheme in accordancewith Regulation (EC) No 479;’ ,
— the following point shall be inserted:
‘(n)a) with regard to wine, detailed rules relating to
cross-compliance as laid down in Articles 20 and 103of Regulation (EC) No 479;’;
10. in the second column of Annex IV, the last indent shall be
replaced by the following indent:
‘— Maintenance of olive groves and vines in good
vegetative condition’;
11. the following points shall be added to Annex VII:
‘N. Wine (grubbing-up)
Farmers who participate in the grubbing-up scheme laid
down in Chapter III of Title V of Regulation (EC) No 479shall be allocated, in the year following the grubbing-up,payment entitlements equal to the number of hectares forwhich 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 ofthe corresponding region. However, the unit value shall inany case not exceed EUR 350/ha.O. Wine (transfer from support programmes)
Where Member States choose to provide support in
accordance with Article 9 of Regulation (EC) No 479, theyshall establish the reference amount of each farmer as wellas the applicable hectares referred to in Article 43(2) of thisRegulation:
— on the basis of objective and non-discriminatory
criteria,
— in respect of a representative reference period of one
or more wine years starting from the wine year 2005/2006. However, the reference criteria used to establishthe 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 insupport programmes concerns compensation tofarmers who have hitherto received support forpotable alcohol distillation or have been the economicbeneficiaries of the support for the use of concen-trated grape must to enrich wine under Regulation(EC) No 479,
— which shall not exceed the overall available amount
for this measure referred to in Article 6(e) ofRegulation (EC) No 479.’;
12. in Annex VIII,
— an asterisk shall be inserted after the word ‘Italy’ in the
first column of the table,
— the following shall be added underneath the table:
‘The amounts for Italy corresponding to years 2008,
2009 and 2010 shall be reduced by EUR 20 millions(see footnote to Annex II to Regulation (EC) No 479)’.
Article 124
Amendment to Regulation (EC) No 1290/2005
Article 12(2)of Regulation (EC) No 1290/2005, shall be 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 of27 March 2007 laying down rules for voluntary modulation ofdirect payments provided for in Regulation (EC) No 1782/2003(*) and Article 23(2) of Council Regulation (EC) No 479of 29 April 2008 on the common organisation of the market in
wine (**), are made available to the EAFRD.
(*) OJ L 95, 5.4.2007, p. 1.
(**) OJ L 148, 6.6.2008, p. 1’ .6.6.2008 EN Official Journal of the European Union L 148/39Article 125
Amendments to Regulation (EC) No 3/2008
Regulation (EC) No 3/2008 is hereby amended as follows:
1. in Article 2:
— point (c) of paragraph 1 shall be replaced by the
following:
‘(c) information campaigns on the Community
system covering wines with a protected designa-tion of origin or geographical indication, wineswith an indication of the wine grape variety andspirit drinks with a protected geographicalindication;’,
— paragraph 2 shall be replaced by the following:
‘2. On the internal market, the measures referred to
in Article 1(1) may include actions of information onresponsible drinking patterns and harm linked tohazardous alcohol consumption.
On the internal market, eligible measures may also
take the form of participation in events, fairs andexhibitions of national and European importance, bymeans of stands aimed at enhancing the image ofCommunity products.’;
2. point (e) of Article 3(1) shall be replaced by the following:
‘(e) the desirability of providing information on the
Community system covering wines with a protecteddesignation of origin or geographical indication, wineswith an indication of the wine grape variety and spiritdrinks with a protected geographical indication andthe need to inform on responsible drinking patternsand harm linked to hazardous alcohol consumption.’;
3. the following subparagraph shall be added to Article 13(2):
‘The percentage provided for in the first subparagraph shall
be 60 % for measures carried out in the Communityconcerning information on responsible drinking patternsand harm linked to hazardous alcohol consumption.’CHAPTER II
Transitional and final provisions
Article 126
Provisions facilitating transition
In accordance with the procedure referred to in Article 113(1),
measures may be adopted:
(a) to facilitate the transition from the arrangements provided
for in Regulation (EC) No 1493/1999 to those establishedby this Regulation;
(b) where required, to resolve specific practical problems. Such
measures, if duly justified, may derogate from certainprovisions of this Regulation.
Article 127
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 productscovered by this Regulation.
2. Articles 87, 88 and 89 of the Treaty shall not apply to:
(a) support referred to in Article 3 of this Regulation including
support financed in accordance with Article 18(5);
(b) complementary national aids referred to in Article 106;(c) national aid referred to in Article 119.
Article 128
Repeals, transitional continued applicability and references
1. Subject to paragraphs 2 and 3, Regulations (EEC) No 2392/
86 and (EC) No 1493/1999 shall be repealed.
2. Regulation (EC) No 2392/86 and Chapters I and II of
Title V, Title VI, Articles 24 and 80 and the correspondingprovisions in particular in the relevant Annexes to Regulation(EC) No 1493/1999 shall continue to apply until thecorresponding Chapters of this Regulation start to apply inaccordance with Article 129(2)(e).L 148/40 EN Official Journal of the European Union 6.6.20083. The following measures set out in Regulation (EC) No 1493/
1999 shall continue to apply in so far as measures eligible underthat Regulation have been commenced or undertaken before1 August 2008:
(a) the measures under Chapters II and III of Title II
(abandonment premiums and restructuring and conver-sion). However, no support shall be paid after 15 October2008 under Chapter III of Title II;
(b) the measures under Title III (market mechanisms);(c) the measures under Article 63 of Title VII (exports refunds).4. References made to the repealed Regulation (EC) No 1493/
1999 shall, where applicable, be construed as being made to thisRegulation.
Article 129
Entry into force and applicability
1. This Regulation shall enter into force on the seventh day
following that of its publication in the Official Journal of the
European Union.2. It shall apply from 1 August 2008, except as follows:
(a) Articles 5 to 8 shall apply from 30 June 2008;(b) Article 122 shall apply from 1 January 2008;(c) Article 123 shall apply from 1 January 2009;(d) Chapter III of Title V shall apply from 30 June 2008;(e) Chapters II, III, IV, V and VI of Title III, Articles 108, 111
and 112 and the corresponding provisions in particular inthe relevant Annexes shall apply from 1 August 2009 saveas otherwise provided by way of regulation to be adopted inaccordance with the procedure referred to in Article 113(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 Luxembourg, 29 April 2008.
For the Council
The President
D. RUPEL6.6.2008 EN Official Journal of the European Union L 148/41ANNEX I
DEFINITIONS
General
1. ‘Wine year ’shall mean 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’ shall mean the complete elimination of all vine stocks on an area planted with vines.
3. ‘Planting’ shall mean the definitive establishment of vine plants or parts of vine plants, whether or not grafted, with a
view to producing grapes or to establishing a graft nursery.
4. ‘Grafting-on’ shall mean the grafting of a vine which has already been subject to a previous grafting.
Produce-related
5. ‘Fresh grapes’ shall mean 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’ shall mean a product which:
(a) has an actual alcoholic strength of not less than 12 % vol. and not more than 15 % vol.;(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 24(1):
(i) either of neutral alcohol of vinous origin, including alcohol obtained from the distillation of dried grapes,
having an actual alcoholic strength of not less than 96 % vol.;
(ii) 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’ shall mean the unfermented but fermentable liquid product which:
(a) is obtained by appropriate treatment rendering it fit for consumption as it is;(b) is obtained from fresh grapes or from grape must or by reconstitution. Where obtained by reconstitution, it
shall be reconstituted from concentrated grape must or concentrated grape juice.
An actual alcoholic strength of the grape juice of not more than 1 % vol. is permissible.
8. ‘Concentrated grape juice’ shall mean 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 usedin accordance with a method to be prescribed at a temperature of 20
oC is not less than 50,9 %.
An actual alcoholic strength of the concentrated grape juice of not more than 1 % vol. is permissible.
9. ‘Wine lees ’shall mean:
(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 (a);L 148/42 EN Official Journal of the European Union 6.6.2008(c) the residue accumulating in vessels containing grape must during storage or after authorised treatment;
(d) the residue obtained from filtering or centrifuging the product referred to in (c).
10. ‘Grape marc’ shall mean the residue from the pressing of fresh grapes, whether or not fermented.
11. ‘Piquette’ shall mean 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’ shall mean 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’ shall mean:
(a) the grape must;(b) the wine;(c) the mixture of grape musts and/or wines with different characteristics,intended for the preparation of a specific type of the sparkling wines.
Alcoholic strength
14. ‘Actual alcoholic strength by volume’ shall mean the number of volumes of pure alcohol contained at a temperature of
20
oC in 100 volumes of the product at that temperature.
15. ‘Potential alcoholic strength by volume’ shall mean the number of volumes of pure alcohol at a temperature of 20oC
capable of being produced by total fermentation of the sugars contained in 100 volumes of the product at thattemperature.
16. ‘Total alcoholic strength by volume’ shall mean the sum of the actual and potential alcoholic strengths.
17. ‘Natural alcoholic strength by volume’ shall mean the total alcoholic strength by volume of a product before any
enrichment.
18. ‘Actual alcoholic strength by mass’ shall mean the number of kilograms of pure alcohol contained in 100 kilograms of
product.
19. ‘Potential alcoholic strength by mass’ shall mean the number of kilograms of pure alcohol capable of being produced
by total fermentation of the sugars contained in 100 kilograms of the product.
20. ‘Total alcoholic strength by mass’ shall mean the sum of the actual and potential alcoholic strength.6.6.2008 EN Official Journal of the European Union L 148/43ANNEX II
BUDGET FOR SUPPORT PROGRAMMES
(referred to in Article 8(1))
in EUR 1 000
Budget year 2009 2010 2011 2012 2013From 2014
onwards
BG 15 608 21 234 22 022 27 077 26 742 26 762
CZ 2 979 4 076 4 217 5 217 5 151 5 155
DE 22 891 30 963 32 190 39 341 38 867 38 895
EL 14 286 19 167 19 840 24 237 23 945 23 963
ES 213 820 284 219 279 038 358 000 352 774 353 081
FR 171 909 226 814 224 055 284 299 280 311 280 545
IT (*) 238 223 298 263 294 135 341 174 336 736 336 997
CY 2 749 3 704 3 801 4 689 4 643 4 646
LT 30 37 45 45 45 45
LU 344 467 485 595 587 588
HU 16 816 23 014 23 809 29 455 29 081 29 103
MT 232 318 329 407 401 402
AT 8 038 10 888 11 313 13 846 13 678 13 688
PT 37 802 51 627 53 457 65 989 65 160 65 208
RO 42 100 42 100 42 100 42 100 42 100 42 100
SI 3 522 4 820 4 987 6 169 6 091 6 095
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 to Regulation (EC) No 1782/2003 for Italy corresponding to years 2008, 2009 and 2010 are reduced
by EUR 20 millions and those amounts have been included in the budget amounts of Italy for the years 2009, 2010 and 2011 as laid
down in this table.L 148/44 EN Official Journal of the European Union 6.6.2008ANNEX III
BUDGET ALLOCATION FOR RURAL DEVELOPMENT
(referred to in Article 23(3))
in EUR 1 000
Budget year 2009 2010 From 2011 onwards
BG — — —
CZ — — —
DE — — —
EL — — —
ES 15 491 30 950 46 441
FR 11 849 23 663 35 512
IT 13 160 26 287 39 447
CY — — —
LT — — —
LU — — —
HU — — —
MT — — —
AT — — —
PT — — —
RO — — —
SI — — —
SK — — —
UK — — —6.6.2008 EN Official Journal of the European Union L 148/45ANNEX IV
CATEGORIES OF GRAPEVINE PRODUCTS
1. Wine
Wine shall be the product obtained exclusively from the total or partial alcoholic fermentation of fresh grapes, whether or
not crushed, or of grape must.
Wine shall:(a) have, whether or not following application of the processes specified in point B of Annex V, an actual alcoholic
strength of not less than 8,5 % vol. provided that the wine derives exclusively from grapes harvested in wine-growing
zones A and B referred to in Annex IX, and of not less than 9 % vol. in other wine-growing zones;
(b) have, by way of derogation from the otherwise applicable minimum actual alcoholic strength, where it has a protected
designation of origin or geographical indication, whether or not following application of the processes specified in
point B of Annex V, an actual alcoholic strength of not less than 4,5 % vol.;
(c) have a total alcoholic strength of not more than 15 % vol.. By way of derogation:
— 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 procedure referred to in Article 113(2), which
have been produced without any enrichment,
— the upper limit for the total alcoholic strength may exceed 15 % vol. for wines with a protected designation of
origin which have been produced without enrichment;
(d) have, subject to derogations which may be adopted in accordance with the procedure referred to in Article 113(2), a
total acidity content, expressed as tartaric acid, of not less than 3,5 grams per litre or 46,6 milliequivalents per litre.
‘Retsina’ shall be wine produced exclusively in the geographical territory of Greece using grape must treated with resin from
the Aleppo pine. The use of Aleppo pine resin is permitted solely for the purpose of obtaining ‘Retsina’ wine under the
conditions laid down in the Greek provisions applicable.
By way of derogation from point (b) ‘Tokaji eszencia’ and ‘Tokajská esencia’ are considered wine.
2. New wine still in fermentation
New wine still in fermentation shall be the product in which the alcoholic fermentation is not yet complete and which is not
yet separated from its lees.
3. Liqueur wine
Liqueur wine shall be the product:
(a) which has an actual alcoholic strength of not less than 15 % vol. and not more than 22 % 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 referredto in Article 113(2);
(c) which is obtained from:
— grape must in fermentation,
— wine,
— a combination of the above products, or
— grape must or a mixture thereof with wine in so far as liqueur wines, to be determined in accordance with the
procedure referred to in Article 113(2), with a protected designation of origin or geographical indication areconcerned;L 148/46 EN Official Journal of the European Union 6.6.2008(d) which has an initial natural alcoholic strength of not less than 12 % vol. excepting certain liqueur wines with a
designation of origin or with a protected geographical indication appearing on a list to be drawn up in accordancewith the procedure referred to in Article 113(2);
(e) to which has been added;
(i) individually or in combination:
— neutral alcohol of vine origin, including alcohol produced from the distillation of dried grapes, having an
actual alcoholic strength of not less than 96 % vol.,
— wine or dried grape distillate, having an actual alcoholic strength of not less than 52 % vol. and not more
than 86 % vol.;
(ii) together with one or more of the following products where appropriate:
— 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);
(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 accordancewith the procedure referred to in Article 113(2):
(i) either of products listed in point (e)(i) individually or in combination; or
(ii) one or more of the following products:
— wine alcohol or dried grape alcohol with an actual alcoholic strength of not less than 95 % vol. and not
more than 96 % vol.,
— spirits distilled from wine or from grape marc, with an actual alcoholic strength of not less than 52 % vol.
and not more than 86 % vol.,
— spirits distilled from dried grapes, with an actual alcoholic strength of not less than 52 % vol. and of less
than 94,5 % vol.;
(iii) and one or more of the following products, where appropriate:
— partially fermented grape must obtained from raisined grapes,
— concentrated grape must obtained by the action of direct heat, complying, with the exception of this
operation, with the definition of concentrated grape must,
— concentrated grape must,
— a combination of one of the products listed in point (f)(ii) with a grape must referred to in the first and
fourth indents of point (c).
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;
(b) which, when the container is opened, releases carbon dioxide derived exclusively from fermentation;6.6.2008 EN Official Journal of the European Union L 148/47(c) which has an excess pressure, due to carbon dioxide in solution, of not less than 3 bar when kept at a temperature of
20oC in closed containers;
(d) for which the total alcoholic strength of the cuvées intended for their preparation shall not be less than 8,5 % vol.
5. Quality sparkling wine
Quality sparkling wine shall be the product:
(a) which is obtained by first or second alcoholic fermentation:
— from fresh grapes,
— from grape must,
— from wine;
(b) which, when the container is opened, releases carbon dioxide derived exclusively from fermentation;(c) which has an excess pressure, due to carbon dioxide in solution, of not less than 3,5 bar when kept at a temperature of
20
oC in closed containers;
(d) for which the total alcoholic strength of the cuvées intended for their preparation shall not be less than 9 % vol.
6. Quality aromatic sparkling wine
Quality aromatic sparkling wines shall be the quality sparkling wine:
(a) which is obtained only by making use, when constituting the cuvée, of grape must or grape must in fermentation
which are derived from specific wine grape varieties on a list to be drawn up in accordance with the procedurereferred to in Article 113(2). Quality aromatic sparkling wines traditionally produced using wines when constitutingthecuvée, shall be determined in accordance with the procedure referred to in Article 113(2);
(b) which has an excess pressure, due to carbon dioxide in solution, of not less than 3 bar when kept at a temperature of
20
oC 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 113(2).
7. Aerated sparkling wine
Aerated sparkling wine shall be the product which:
(a) is obtained from wine without a protected designation of origin or a geographical indication;(b) releases, when the container is opened, carbon dioxide derived wholly or partially from an addition of that gas;
(c) has an excess pressure, due to carbon dioxide in solution, of not less than 3 bar when kept at a temperature of 20
oC
in closed containers.L 148/48 EN Official Journal of the European Union 6.6.20088. Semi-sparkling wine
Semi-sparkling wine shall be the product which:
(a) is obtained from wine provided that such wine has a total alcoholic strength of not less than 9 % vol.;
(b) has an actual alcoholic strength of not less than 7 % vol.;(c) has an excess pressure, due to endogenous carbon dioxide in solution of not less than 1 bar and not more than 2,5 bar
when kept at a temperature of 20
oC in closed containers;
(d) is put up in containers of 60 litres or less.
9. Aerated semi-sparkling wine
Aerated semi-sparkling wine shall be the product which:
(a) is obtained from wine;
(b) has an actual alcoholic strength of not less than 7 % 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 20oC in closed
containers due to carbon dioxide in solution which has been wholly or partially added;
(d) is put up in containers of 60 litres or less.
10. Grape must
Grape must shall be the liquid product obtained naturally or by physical processes from fresh grapes. An actual alcoholic
strength of the grape must of not more than 1 % vol. is permissible.
11. Partially fermented grape must
Grape must in fermentation shall be the product obtained from the fermentation of grape must which has an actual
alcoholic strength of more than 1 % vol. but less than three fifths of its total alcoholic strength by volume.
12. Partially fermented grape must extracted from raisined grapes
Grape must in fermentation extracted from raisined grapes shall be the product obtained from the partial fermentation of
grape must obtained from raisined grapes, the total sugar content of which before fermentation is at least 272 grams perlitre and the natural and actual alcoholic strength of which shall not be less than 8 % vol. However, certain wines, to bedetermined in accordance with the procedure referred to in Article 113(2), that meet these requirements shall not beconsidered as grape must in fermentation extracted from raisined grapes.
13. Concentrated grape must
Concentrated grape must shall be uncaramelised grape must which is obtained by partial dehydration of grape must carried
out by any authorised method other than by direct heat in such a way that the figure indicated by a refractometer used inaccordance with a method to be prescribed in accordance with Article 31 at a temperature of 20
oC is not less than 50,9 %.
An actual alcoholic strength of the concentrated grape must of not more than 1 % vol. is permissible.6.6.2008 EN Official Journal of the European Union L 148/4914. Rectified concentrated grape must
Rectified concentrated grape must shall be the liquid uncaramelised product which:
(a) is obtained by partial dehydration of grape must carried out by any authorised method other than direct heat in such a
way that the figure indicated by a refractometer used in accordance with a method to be prescribed in accordance with
Article 31 at a temperature of 20oC is not less than 61,7 %;
(b) has undergone authorised treatment for de-acidification and elimination of constituents other than sugar;(c) has the following characteristics:
— a pH of not more than 5 at 25
oBrix,
— an optical density at 425 nm for a thickness of 1 cm of not more than 0,100 in grape must concentrated at
25oBrix,
— a sucrose content undetectable by a method of analysis to be defined,
— a Folin-Ciocalteu index of not more than 6,00 at 25oBrix,
— 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 25oBrix and 20oC of not more than 120 micro-Siemens/cm,
— a hydroxymethylfurfural content of not more than 25 milligrams per kilogram of total sugars,
— presence of mesoinositol.
An actual alcoholic strength of the rectified concentrated grape must of not more than 1 % vol. is permissible.
15. Wine from raisined grapes
Wine from raisined grapes shall be the product which:
(a) is produced without enrichment, from grapes left in the sun or shade for partial dehydration;
(b) has a total alcoholic strength of at least 16 % 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).
16. Wine of overripe grapes
Wine of overripe grapes shall be the product which:
(a) is produced without enrichment;(b) has a natural alcoholic strength of more than 15 % vol.;
(c) has a total alcoholic strength of not less than 15 % vol. and an actual alcoholic strength of not less than 12 % vol.
Member States may prescribe a period of ageing for this product.L 148/50 EN Official Journal of the European Union 6.6.200817. 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.6.6.2008 EN Official Journal of the European Union L 148/51ANNEX V
ENRICHMENT, ACIDIFICATION AND DE-ACIDIFICATION IN CERTAIN WINE GROWING ZONES
A. Enrichment limits
1. Where climatic conditions have made it necessary in certain wine-growing zones of the Community referred to in
Annex IX, the Member States concerned may allow to supplement the natural alcoholic strength by volume of fresh
grapes, grape must, grape must in fermentation, new wine still in fermentation and wine obtained from wine grape
varieties classifiable according to Article 24(1).
2. The increase in natural alcoholic strength by volume shall be achieved by means of the oenological practices referred
to in point B and shall not exceed the following limits:
(a) 3 % vol. in wine-growing zone A referred to in Annex IX;
(b) 2 % vol. in wine-growing zone B referred to in Annex IX;
(c) 1,5 % vol. in wine-growing zones C referred to in Annex IX.
3. In years when climatic conditions have been exceptionally unfavourable Member States may request that the limit(s)
laid down in paragraph 2 be raised by 0,5 %. In response to such a request, the Commission should present the draftlegislative measure to the Committee foreseen in Article 195(1) of Regulation (EC) No 1234/2007 as soon as possible.
The Commission will endeavour to take a decision in accordance with the procedure referred to in Article 113(1) of
this Regulation within four weeks after the request has been lodged.
B. Enrichment processes
1. The increase in natural alcoholic strength by volume provided for in point A shall only be effected:
(a) in respect of fresh grapes, grape must in fermentation or new wine still in fermentation, by adding sucrose,
concentrated grape must or rectified concentrated grape must;
(b) in respect of grape must, by adding sucrose, concentrated grape must or rectified concentrated grape must, or by
partial concentration including reverse osmosis;
(c) in respect of wine, by partial concentration through cooling.
2. The processes referred to in paragraph 1 shall be mutually exclusive where wine or grape must is enriched with
concentrated grape must or rectified concentrated grape must and an aid is paid under Article 19.
3. The addition of sucrose provided for in paragraph 1(a) and (b) may only be performed by dry sugaring and only in the
following areas:
(a) wine-growing zone A referred to in Annex IX;(b) wine-growing zone B referred to in Annex IX;(c) wine-growing zone C referred to in Annex IX, with the exception of vineyards in Italy, Greece, Spain, Portugal,
Cyprus and vineyards in the French departments under jurisdiction of the courts of appeal of:
— Aix-en-Provence,
— Nîmes,
— Montpellier,
— Toulouse,
— Agen,
— Pau,L 148/52 EN Official Journal of the European Union 6.6.2008— Bordeaux,
— Bastia.
However, enrichment by dry sugaring may be authorised by the national authorities as an exception in the above
mentioned French departments. France shall notify the Commission and the other Member States forthwith of any
such authorisations.
4. The addition of concentrated grape must or rectified concentrated grape must shall not have the effect of increasing
the initial volume of fresh crushed grapes, grape must, grape must in fermentation or new wine still in fermentationby 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.
5. The concentration of grape must or of wine subjected to the processes referred to in paragraph 1:
(a) shall not have the effect of reducing the initial volume of these products by more than 20 %;(b) shall, notwithstanding point A(2)(c), not increase the natural alcoholic strength of these products by more than
2 % vol.
6. The processes referred to in paragraphs 1 and 5 shall not raise the total alcoholic strength of the fresh grapes, grape
must, grape must in fermentation, new wine still in fermentation, or wine:
(a) in wine-growing zone A referred to in 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 zone C I referred to in Annex IX to more than 12,5 % vol.;(d) in wine-growing zone C II referred to in Annex IX to more than 13 % vol.; and
(e) in wine-growing zone C III referred to in Annex IX to more than 13,5 % vol.
7. By way of derogation from paragraph 6, Member States may
(a) for red wine raise the upper limit of total alcoholic strength of the products referred to in paragraph 6
to 12 % vol. in wine-growing zone A and 12,5 % vol. in wine-growing zone B referred to in Annex IX;
(b) raise the total alcoholic strength by volume of the products referred to in paragraph 6 for the production of
wines with a designation of origin to a level to be determined by Member States.
C. Acidification and de-acidification
1. Fresh grapes, grape must, grape must in fermentation, new wine still in fermentation and wine may be subject to:
(a) de-acidification in wine-growing zones A, B and C I referred to in 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 paragraph 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 paragraph 1 may be carried out only up to a limit of
1,50 g/l expressed as tartaric acid, or 20 milliequivalents per litre.
3. Acidification of wines may be carried out only up to a limit of 2,50 g/l expressed as tartaric acid, or
33,3 milliequivalents per litre.
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.6.6.2008 EN Official Journal of the European Union L 148/536. Notwithstanding paragraph 1, in years when climatic conditions have been exceptional, Member States may authorise
acidification of the products referred to in paragraph 1 in wine-growing zones A and B, referred to in Annex IX, underthe conditions referred to in paragraphs 2 and 3.
7. Acidification and enrichment, except by way of derogation to be decided in accordance with the procedure referred to
in Article 113(2), and acidification and de-acidification of one and the same product shall be mutually exclusive
processes.
D. Processes
1. None of the processes referred to in points B and C, with the exception of the acidification and de-acidification of
wines, shall be authorised unless carried out, under conditions to be determined in accordance with the procedurereferred to in Article 113(2), at the time when the fresh grapes, grape must, grape must in fermentation or new winestill 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 paragraphs 1, 2 and 3 shall be notified to the competent authorities. The same
shall apply in respect of the quantities of concentrated grape must rectified concentrated grape must or sucrose held in
the exercise of their profession by natural or legal persons or groups of persons, in particular producers, bottlers,
processors and merchants to be determined in accordance with the procedure referred to in Article 113(2), at thesame time and in the same place as fresh grapes, grape must, grape must in fermentation or wine in bulk. Thenotification of these quantities may, however, be replaced by entry in a goods inwards and stock utilisation register.
5. Each of the processes referred to in points B and C shall be recorded on the accompanying document, as provided for
in Article 112, under cover of which the products having undergone the processes are put into circulation.
6. Those processes, subject to derogations justified by exceptional climatic conditions, shall not be carried out:
(a) in wine-growing zone C referred to in Annex IX after 1 January;(b) in wine-growing zones A and B referred to in Annex IX after 16 March andthey shall be carried out only for products of the grape harvest immediately preceding those dates.
7. Notwithstanding paragraph 6, concentration by cooling and acidification and de-acidification of wines may be
practised throughout the year.L 148/54 EN Official Journal of the European Union 6.6.2008ANNEX VI
RESTRICTIONS
A. General
1. All authorised oenological practises shall exclude the addition of water, except where required on account of a specific
technical necessity.
2. All authorised oenological practises shall exclude the addition of alcohol, except for practices related to obtaining fresh
grape must with fermentation arrested by the addition of alcohol, liqueur wine, sparkling wine, wine fortified fordistillation and semi-sparkling wine.
3. Wine fortified for distillation shall only be used for distillation.
B. Fresh grapes, grape must and grape juice
1. Fresh grape must in which fermentation is arrested by the addition of alcohol shall be used only during the stage of
preparation of products which do not fall under CN codes 2204 10, 2204 21 and 2204 29. This is without prejudiceto any stricter provisions which Member States may apply to the preparation in their territory of products which donot fall under CN codes 2204 10, 2204 21 and 2204 29.
2. Grape juice and concentrated grape juice shall not be made into wine or added to wine. They shall not undergo
alcoholic fermentation in the territory of the Community.
3. The provisions of paragraphs 1 and 2 shall not apply to products intended for the production, in the United Kingdom,
Ireland and in Poland, of products falling within CN code 2206 00 for which Member States may allow the use of acomposite name including the sales designation ‘wine’.
4. Grape must in fermentation extracted from raisined grapes, shall be put on the market only for the manufacture of
liqueur wines only in the wine-growing regions where this usage was traditional on 1 January 1985, and for themanufacture of wine of overripe grapes.
5. Unless otherwise decided by the Council in accordance with the international obligations of the Community, fresh
grapes, grape must, grape must in fermentation, concentrated grape must, rectified concentrated grape must, grapemust with fermentation arrested by the addition of alcohol, grape juice, concentrated grape juice and wine, or
mixtures of those products, originating in third countries may not be turned into products referred to in Annex IV or
added to such products in the territory of the Community.
C. Blending of wines
Unless otherwise decided by the Council in accordance with the international obligations of the Community, coupage of a
wine originating in a third country with a Community wine and coupage between wines originating in third countries shallbe 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
conditions, the minimum quantity of alcohol that shall be contained in the marc and the lees after pressing of thegrapes.
The quantity of alcohol contained in those by-products shall be decided by Member States at a level at least equal to
5 % in relation to the volume of alcohol contained in the wine produced.
2. Except for alcohol, spirits and piquette, wine or any other beverage intended for direct human consumption shall not
be produced from wine lees or grape marc. The pouring of wine onto lees or grape marc or pressed aszú pulp shall beallowed under conditions to be determined in accordance with the procedure referred to in Article 113(2) where thispractice is traditionally used for the production of ‘Tokaji fordítás ’and ‘Tokaji máslás’ in Hungary and ‘Tokajský
forditáš’ and ‘Tokajský mášláš’ in Slovakia.
3. The pressing of wine lees and the re-fermentation of grape marc for purposes other than distillation or production of
piquette is prohibited. Filtering and centrifuging of wine lees shall not be considered as pressing where the productsobtained are of sound, genuine and merchantable quality.6.6.2008 EN Official Journal of the European Union L 148/554. Piquette, where its production is authorised by the Member State concerned, shall be used only for distillation or for
consumption in wine-producers' households.
5. Without prejudice to the possibility for Member States to decide to require disposal of by-products by way of
distillation, any natural or legal persons or groups of persons who hold by-products shall be required to dispose ofthem subject to conditions to be determined in accordance with the procedure referred to in Article 113(2).L 148/56 EN Official Journal of the European Union 6.6.2008ANNEX VII
BUDGET FOR GRUBBING-UP SCHEME
The budget available for the grubbing-up scheme referred to in Article 102(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.6.6.2008 EN Official Journal of the European Union L 148/57ANNEX VIII
Areas which Member States may declare ineligible for the grubbing-up scheme
(referred to in Article 104(1), (2) and (5))
(in ha)
Member State Total area planted with vines Areas referred to in Article 104(5)
BG 135 760 4 073
CZ 19 081 572
DE 102 432 3 073
EL 69 907 2 097ES 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 646L 148/58 EN Official Journal of the European Union 6.6.2008ANNEX IX
WINE-GROWING ZONES
(referred to in Annexes IV and V)
The wine-growing zones shall be the following:
1. Wine-growing zone A comprises:
(a) in Germany: the areas planted with vines other than those included in 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 Čechy.
2. Wine-growing zone B comprises:
(a) in Germany, the areas planted with vines in the specified region Baden;(b) in France, the areas planted with vines in the departments not mentioned in this Annex and in the following
departments:
— in Alsace: Bas-Rhin, Haut-Rhin,
— in Lorraine: Meurthe-et-Moselle, Meuse, Moselle, Vosges,
— in Champagne: Aisne, Aube, Marne, Haute-Marne, Seine-et-Marne,
— in the Jura: Ain, Doubs, Jura, Haute-Saône,
— in Savoie: Savoie, Haute-Savoie, Isère (commune de Chapareillan),
— in the Val de Loire: Cher, Deux-Sèvres, Indre, Indre-et-Loire, Loir-et-Cher, Loire-Atlantique, Loiret, Maine-
et-Loire, Sarthe, Vendée, Vienne, and the areas planted with vines in the arrondissement of Cosne-sur-Loire in the department of Nièvre;
(c) in Austria, the Austrian wine-growing area;
(d) in the Czech Republic, the wine-growing region of Morava and the areas planted with vines not included in
paragraph 1(d);
(e) in Slovakia, the areas planted with vines in the following regions: Malokarpatská vinohradnícka oblast',
Južnoslovenská vinohradnícka oblast', Nitrianska vinohradnícka oblast', Stredoslovenská vinohradnícka oblast',Východoslovenská vinohradnícka oblast' and the wine growing areas not included in paragraph 3(f);
(f) in Slovenia, the areas planted with vines in the following regions:
— in the Podravje region: Štajerska Slovenija, Prekmurje,
— in the Posavje region: Bizeljsko Sremič, Dolenjska and Bela krajina, and the areas planted with vines in the
regions not included in paragraph 4(d);
(g) in Romania, in the area of Podișul 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, Charente-Maritime, Corrèze, Côte-d'Or, Dordogne, Haute-Garonne, Gers,6.6.2008 EN Official Journal of the European Union L 148/59Gironde, Isère (with the exception of the commune of Chapareillan), Landes, Loire, Haute-Loire, Lot, Lot-
et-Garonne, Lozère, Nièvre (except for the arrondissement of Cosne-sur-Loire), Puy-de-Dôme, Pyrénées-Atlantiques, Hautes-Pyrénées, Rhône, Saône-et-Loire, Tarn, Tarn-et-Garonne, Haute-Vienne, Yonne,
— in the arrondissements of Valence and Die in the department of Drôme (except for the cantons of
Dieulefit, Loriol, Marsanne and Montélimar),
— in the arrondissement of Tournon, in the cantons of Antraigues, Burzet, Coucouron, Montpezat-sous-
Bauzon, Privas, Saint-Etienne de Lugdarès, Saint-Pierreville, Valgorge and la Voulte-sur-Rhône of thedepartment of Ardèche;
(b) in Italy, areas planted with vines in the Valle d'Aosta region and in the provinces of Sondrio, Bolzano, Trento and
Belluno;
(c) in Spain, areas planted with vines in the provinces of A Coruña, Asturias, Cantabria, Guipúzcoa and Vizcaya;
(d) in Portugal, areas planted with vines in that part of the region of Norte which corresponds to the designated
wine area of ‘Vinho Verde’ as well as the ‘Concelhos de Bombarral, Lourinhã, Mafra e Torres Vedras ’(with the
exception of ‘Freguesias da Carvoeira e Dois Portos’), belonging to the ‘Região viticola da Extremadura’;
(e) in Hungary, all areas planted with vines;
(f) in Slovakia, areas planted with vines in the Tokajská vinohradnícka oblast';
(g) in Romania, areas planted with vines not included in paragraphs 2(g) or 4(f).
4. Wine-growing zone C II comprises:
(a) in France, areas planted with vines:
— in the following departments: Aude, Bouches-du-Rhône, Gard, Hérault, Pyrénées-Orientales (except for the
cantons of Olette and Arles-sur-Tech), Vaucluse,
— in the part of the department of Var bounded in the south by the northern limit of the communes of
Evenos, Le Beausset, Solliès-Toucas, Cuers, Puget-Ville, Collobrières, La Garde-Freinet, Plan-de-la-Tour andSainte-Maxime,
— in the arrondissement of Nyons and the cantons of Dieulefit, Loriol, Marsanne and Montélimar in the
department of Drôme,
— in those parts of the department of Ardèche not listed in paragraph 3(a);
(b) in Italy, areas planted with vines in the following regions: Abruzzo, Campania, Emilia-Romagna, Friuli-Venezia
Giulia, Lazio, Liguria, Lombardy except for the province of Sondrio, Marche, Molise, Piedmont, Tuscany,Umbria, Veneto except for the province of Belluno, including the islands belonging to those regions, such asElba and the other islands of the Tuscan archipelago, the Ponziane islands, Capri and Ischia;
(c) in Spain, areas planted with vines in the following provinces:
— Lugo, Orense, Pontevedra,
— Ávila (except for the communes which correspond to the designated wine ‘comarca’ of Cebreros), Burgos,
León, Palencia, Salamanca, Segovia, Soria, Valladolid, Zamora,
— La Rioja,
— Álava,
— Navarra,
— Huesca,L 148/60 EN Official Journal of the European Union 6.6.2008— 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 (Дунавска равнина),
Chernomorski Rayon (Черноморски район), Rozova Dolina (Розова долина);
(f) in Romania, areas planted with vines in the following regions: Dealurile Buzăului, Dealu Mare, Severinului and
Plaiurile Drâncei, Colinele Dobrogei, Terasele Dunării, the South wine region including sands and other
favourable regions.
5. Wine-growing zone C III (a) comprises:
(a) in Greece, areas planted with vines in the following nomoi: Florina, Imathia, Kilkis, Grevena, Larisa, Ioannina,
Levkas, Akhaia, Messinia, Arkadia, Korinthia, Iraklio, Khania, Rethimni, Samos, Lasithi and the island of Thira(Santorini);
(b) in Cyprus, areas planted with vines located at altitudes exceeding 600 metres;(c) in Bulgaria, areas planted with vines not included in paragraph 4(e).
6. Wine-growing zone C III (b) comprises:
(a) in France, areas planted with vines:
— in the departments of Corsica,
— in that part of the department of Var situated between the sea and a line bounded by the communes
(which are themselves included) of Evenos, Le Beausset, Solliès-Toucas, Cuers, Puget-Ville, Collobrières,La Garde-Freinet, Plan-de-la-Tour and Sainte-Maxime,
— in the cantons of Olette and Arles-sur-Tech in the department of Pyrénées-Orientales;
(b) in Italy, areas planted with vines in the following regions: Calabria, Basilicata, Apulia, Sardinia and Sicily,
including the islands belonging to those regions, such as Pantelleria and the Lipari, Egadi and Pelagian islands;
(c) in Greece, areas planted with vines not listed in paragraph 5(a);(d) in Spain: areas planted with vines not included in paragraphs 3(c) or 4(c);(e) in Portugal, areas planted with vines in the regions not included in paragraph 3(d);(f) in Cyprus, areas planted with vines located at altitudes not exceeding 600 metres;
(g) in Malta, areas planted with vines.
7. The demarcation of the territories covered by the administrative units referred to in this Annex is that resulting from
the national provisions in force on 15 December 1981 and, for Spain, from the national provisions in force on1 March 1986 and, for Portugal, from the national provisions in force on 1 March 1998.6.6.2008 EN Official Journal of the European Union L 148/61