COMMISSION REGULATION (EC) No 423/2008
of 8 May 2008
on laying down certain detailed rules for implementing Council Regulation (EC) No 1493/1999 and establishing a Community code of oenological practices and processes
(Codified version)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (1), and in particular Articles 46 and 80 thereof,
Whereas:
(1)
Commission Regulation (EC) No 1622/2000 of 24 July 2000 on laying down certain detailed rules for implementing Regulation (EC) No 1493/1999 on the common organisation of the market in wine and establishing a Community code of oenological practices and processes (2) has been substantially amended several times (3). In the interests of clarity and rationality the said Regulation should be codified.
(2)
Chapter I of Title V of Regulation (EC) No 1493/1999 and several of the Annexes thereto lay down general rules on oenological practices and processes and refer for the rest to detailed implementing rules to be adopted by the Commission.
(3)
In the interests of both economic operators in the Community and the authorities responsible for applying Community rules, all those provisions should be collated in a Community code of oenological practices and processes.
(4)
The Community Code should thus be established to include only the detailed implementing rules explicitly referred to by the Council in Regulation (EC) No 1493/1999. For the rest, the rules under Articles 28 et seq. of the Treaty should suffice to ensure free movement of wine-sector products where oenological processes and practices are concerned.
(5)
It should also be specified that the code is to apply without prejudice to specific provisions in other fields, in particular, rules already existing or to be adopted in the future for foodstuffs.
(6)
Article 42(5) of Regulation (EC) No 1493/1999 permits grapes other than those of the wine-grape varieties listed in the classification established in accordance with Article 19 of that Regulation, or products derived therefrom, to be used in the Community for the manufacture of the products listed in Article 42(5). A list should be drawn up of the varieties to which such derogations may apply.
(7)
Pursuant to Annex V to Regulation (EC) No 1493/1999 a list should be drawn up of quality liqueur wines produced in specified regions (quality liqueur wines psr) for which special rules of preparation are allowed. To enable products to be more easily identified and to facilitate intra-Community trade, reference should be made to the descriptions of products as established by Community rules or, where appropriate, by national legislation.
(8)
Limits on the use of certain substances should also be fixed, pursuant to Annex IV to Regulation (EC) No 1493/1999, and conditions should be laid down for the use of some of them.
(9)
Experiments concerning the use of lysozyme in winemaking carried out by two Member States have shown that the addition of this substance is of significant benefit for the stabilisation of wines and permits the production of quality wines with a reduced sulphur dioxide content. Its use should therefore be permitted and maximum doses laid down in line with the technological requirements revealed in the experiments.
(10)
Article 44 of Council Regulation (EEC) No 337/79 (4), as amended by Regulation (EEC) No 3307/85 (5), reduced the maximum total sulphur dioxide content of wines other than sparkling and liqueur wines and certain quality wines by 15 mg per litre, with effect from 1 September 1986. To avoid difficulty in disposing of wine as a result of this change in the production rules, wine produced before that date in the Community, with the exception of Portugal, was allowed to be offered for direct human consumption after that date. That authorisation also applied, for a transitional period of one year from that date, to wine originating in third countries or in Portugal, provided that its total sulphur dioxide content complied with the Community rules or, where applicable, the Spanish rules in force before 1 September 1986. Since there might still be stocks of such wine, the measure in question should be extended.
(11)
Articles 12 and 16 of Council Regulation (EEC) No 358/79 of 5 February 1979 on sparkling wines produced in the Community and defined in item 13 of Annex II to Regulation (EEC) No 337/79 (6) reduced the maximum total sulphur dioxide content of sparkling wines, quality sparkling wines and quality sparkling wines produced in specified regions by 15 milligrams per litre with effect from 1 September 1986. In the case of sparkling wines originating in the Community, with the exception of Portugal, Article 22(1) of Regulation (EEC) No 358/79 allowed such products to be disposed of until stocks were exhausted provided that they had been prepared in accordance with that Regulation as it applied before 1 September 1986. Transitional provisions should be laid down for imported sparkling wines and sparkling wines produced in Spain and Portugal before 1 September 1986 in order to avoid difficulties in disposing of such products. Those products should therefore be permitted to be offered for sale for a transitional period after that date, provided that their total sulphur dioxide content complies with the Community provisions in force before 1 September 1986.
(12)
Point B(1) of Annex V to Regulation (EC) No 1493/1999 fixes the maximum volatile acid content of wine. Provision may be made for derogations for certain quality wines produced in specified regions (quality wines psr) and certain table wines described by means of a geographical indication or having an alcoholic strength of 13 % or more. Some German, Spanish, French, Italian, Austrian and United Kingdom wines in these categories normally have a volatile acidity higher than that provided for in abovementioned Annex V owing to the special methods by which they are prepared and their high alcoholic strength. In order that those wines may continue to be prepared by the customary methods whereby they acquire their characteristic properties, provision should be made for a derogation from the abovementioned point B(1) of Annex V in their case.
(13)
In accordance with point D(3) of Annex V to Regulation (EC) No 1493/1999, the wine-growing regions where the addition of sucrose was traditionally practised in accordance with legislation in force on 8 May 1970 should be specified.
(14)
The small size of the wine-growing sector of Luxembourg means that the competent authorities can carry out systematic analytical checks of all batches of products turned into wine. Declarations of intention to enrich wine are not indispensable so long as those conditions continue to apply.
(15)
In accordance with point G(5) of Annex V to Regulation (EC) No 1493/1999, all enrichment, acidification and deacidification operations must be notified to the competent authorities. This also holds for quantities of sugar, concentrated grape must and rectified concentrated grape must held by the natural or legal persons undertaking such operations. The purpose of such notification is to allow the operations in question to be monitored. Notifications must therefore be addressed to the competent authority of the Member State on whose territory the operation is to take place and must be as accurate as possible. Where an increase in alcoholic strength is involved, the competent authority must be notified in sufficient time to carry out an effective check. In the case of acidification and deacidification, a check after the operation is sufficient. For that reason and to simplify administrative procedures, it must therefore be possible to make such notification, except for the first notification in the wine year, by updating records regularly verified by the competent authority.
(16)
Point F(1) of Annex V to Regulation (EC) No 1493/1999 lays down certain rules for the sweetening of wines. That provision refers primarily to table wine but also applies to quality wines psr by virtue of point G(2) of Annex VI to that Regulation.
(17)
Sweetening must not lead to enrichment in excess of the limits set in point C of Annex V to Regulation (EC) No 1493/1999. Special provision has been made to that end in point F(1) of Annex V to that Regulation. In addition, checks are essential to ensure compliance with the provisions in question.
(18)
In order in particular to help make checks effective, sweetening should be carried out only at the production stage or another stage as close to production as possible. It should therefore be restricted to the production and wholesale stages.
(19)
The supervisory authorities must be informed of all impending sweetening operations. Anyone intending to carry out a sweetening operation should therefore be required to notify the supervisory authorities in writing. However, this procedure may be simplified when an undertaking carries out sweetening frequently or continuously.
(20)
The purpose of such notifications is to allow the operations in question to be monitored. Notifications must therefore be addressed to the competent authority of the Member State on whose territory the operation is to take place, be as accurate as possible and reach the competent authority prior to the operation.
(21)
For checks to be effective, the quantities of grape must or concentrated grape must held by the party concerned before the sweetening operation must be declared. However, such declarations are of no value unless there is also an obligation to keep inwards and outwards registers of products used in sweetening operations.
(22)
In order to prevent sucrose from being used to sweeten liqueur wines, the use of rectified concentrated grape must, in addition to concentrated grape must, should be permitted.
(23)
‘Coupage’ is a widespread oenological practice and, in view of its possible consequences, its use must be regulated in order to prevent abuse.
(24)
Indication of geographical origin or vine variety is of great importance for the commercial value of wines or musts originating in the same wine-growing zone of the Community or in the same production area of a third country. The mixing of wines or grape musts from the same zone, but from different geographical areas within that zone, or from different vine varieties or harvest years should therefore also be regarded as coupage where the description of the resulting product mentions the geographical origin, wine variety or harvest year.
(25)
The Member States should be allowed to authorise the use, for a limited time for experimental purposes, of oenological practices and processes not provided for in Regulation (EC) No 1493/1999.
(26)
Under Article 46(3) of Regulation (EC) No 1493/1999 methods of analysis must be adopted for establishing the composition of the products covered by Article 1 of that Regulation and rules must be laid down for establishing whether those products have undergone processes contrary to authorised oenological practices.
(27)
Point J(1) of Annex VI to Regulation (EC) No 1493/1999 provides for an analytical test which is at least to measure the factors, among those listed in point J(3) of that Annex, enabling the quality wine psr concerned to be distinguished.
(28)
Uniform methods of analysis must be introduced to ensure that the particulars on documents relating to the products in question are accurate and comparable for verification purposes. Such methods must therefore be compulsory for all commercial transactions and verification procedures. However, in view of the control requirements and the trade's limited facilities, a small number of usual procedures should continue to be allowed for a limited period so that the requisite factors can be determined rapidly and with reasonable accuracy.
(29)
The Community methods for the analysis of wines were laid down by Commission Regulation (EEC) No 2676/90 (7). Since the methods described therein are valid, that Regulation should remain in force, with the exception of the usual methods which will ultimately no longer be described.
(30)
The Management Committee for Wines has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
Purpose
Without prejudice to the general rules on foodstuffs, oenological practices and processes are governed by the Community rules laid down in Chapter I of Title V of Regulation (EC) No 1493/1999 and the Annexes thereto and by the code set out in this Regulation.
This code shall comprise the detailed rules for implementing Regulation (EC) No 1493/1999, particularly those relating to products intended for use in winemaking (Title I) and oenological practices and processes authorised in the Community (Titles II and III).
TITLE I
REQUIREMENTS FOR CERTAIN GRAPES AND GRAPE MUSTS
Article 2
Use of grapes of certain varieties
1. Grapes of varieties classified solely as table-grape varieties shall not be used in winemaking.
2. Notwithstanding Article 42(5) of Regulation (EC) No 1493/1999, grapes of varieties listed in Annex I hereto may be used in the Community to prepare the products covered by that provision.
Article 3
Use of certain products not possessing the natural alcoholic strength by volume for the production of sparkling wine, aerated sparkling wine and aerated semi-sparkling wine
The years when, because of unfavourable weather conditions, products from wine-growing zones A and B not possessing the minimum natural alcoholic strength by volume laid down for the relevant wine-growing zone may be used, under the conditions laid down in Article 44(3) of Regulation (EC) No 1493/1999, for the production of sparkling wine, aerated sparkling wine and aerated semi-sparkling wine shall be as set out in Annex II hereto.
Article 4
Use of grape must of certain vine varieties for the preparation of quality sparkling wine of the aromatic type and quality sparkling wine psr of the aromatic type, and exceptions to such use
1. The list of vine varieties producing grape must or grape must in fermentation that must be used to constitute the cuvée for preparing quality sparkling wines of the aromatic type and quality sparkling wines psr of the aromatic type in accordance with point I(3)(a) of Annex V and point K(10)(a) of Annex VI to Regulation (EC) No 1493/1999 shall be as set out in Part A of Annex III hereto.
2. The derogations referred to in point I(3)(a) of Annex V and point K(10)(a) of Annex VI to Regulation (EC) No 1493/1999 regarding the vine varieties and the products used to constitute the cuvée shall be as laid down in Part B of Annex III hereto.
TITLE II
OENOLOGICAL PRACTICES AND PROCESSES
CHAPTER I
Restrictions and requirements pertaining to the use of certain substances authorised for oenological purposes
Article 5
Restrictions on the use of certain substances
The substances authorised for oenological purposes listed in Annex IV to Regulation (EC) No 1493/1999 may be used only subject to the limits laid down in Annex IV hereto.
Article 6
The purity and identification specifications of substances used in oenological practices
The purity and identification specifications of substances used in oenological practices referred to in Article 46(2)(c) of Regulation (EC) No 1493/1999 shall be those laid down in Commission Directive 96/77/EC (8). Where necessary, those purity criteria shall be supplemented by the specific requirements provided for in this Regulation.
Article 7
Calcium tartrate
Calcium tartrate, the use of which in assisting the precipitation of tartar is provided for in point 3(v) of Annex IV to Regulation (EC) No 1493/1999, may be used only if it meets the requirements set out in Annex V hereto.
Article 8
Tartaric acid
1. Tartaric acid, the use of which for deacidification purposes is provided for in point 1(m) of Annex IV and point 3(l) of Annex IV to Regulation (EC) No 1493/1999, may be used only for products that:
(a)
are from the Elbling and Riesling vine varieties; and
(b)
are obtained from grapes harvested in the following wine-growing regions in the northern part of wine-growing zone A:
-
Ahr,
-
Rheingau,
-
Mittelrhein,
-
Mosel-Saar-Ruwer,
-
Nahe,
-
Rheinhessen,
-
Pfalz,
-
Moselle luxembourgeoise.
2. Tartaric acid, the use of which is provided for in points 1(l) and (m) and points 3(k) and (l) of Annex IV to Regulation (EC) No 1493/1999, also called L-tartaric acid, must be of agricultural origin and extracted specifically from wine products. It must also comply with the purity criteria laid down in Directive 96/77/EC.
Article 9
Aleppo pine resin
1. Aleppo pine resin, the use of which is provided for in point 1(n) of Annex IV to Regulation (EC) No 1493/1999, may be used only to produce ‘retsina’ table wine. This oenological practice may be carried out only:
(a)
in the geographical territory of Greece;
(b)
using grape must from grape varieties, areas of production and wine-making areas as specified in the Greek provisions in force at 31 December 1980;
(c)
by adding 1 000 grams or less of resin per hectolitre of the product used, before fermentation or, where the actual alcoholic strength by volume does not exceed one third of the overall alcoholic strength by volume, during fermentation.
2. Greece shall notify the Commission in advance if it intends to amend the provisions referred to in paragraph 1(b). If the Commission does not respond within two months of such notification, Greece may implement the planned amendments.
Article 10
Beta-glucanase
Beta-glucanase, the use of which is provided for in point 1(j) and point 3(m) of Annex IV to Regulation (EC) No 1493/1999, may be used only if it meets the requirements set out in Annex VI hereto.
Article 11
Lactic bacteria
Lactic bacteria, the use of which is provided for in point 1(q) and point 3(z) of Annex IV to Regulation (EC) No 1493/1999, may be used only if they meet the requirements set out in Annex VII hereto.
Article 12
Lysozyme
Lysozyme, the use of which is provided for in point 1(r) and point 3(zb) of Annex IV to Regulation (EC) No 1493/1999, may be used only if it meets the requirements set out in Annex VIII hereto.
Article 13
Ion exchange resins
The ion exchange resins which may be used in accordance with point 2(h) of Annex IV to Regulation (EC) No 1493/1999 shall be styrene and divinylbenzene copolymers containing sulphonic acid or ammonium groups. They must comply with the requirements laid down in Regulation (EC) No 1935/2004 of the European Parliament and of the Council (9) and Community and national provisions adopted in implementation thereof. In addition, when tested by the method of analysis laid down in Annex IX hereto, they must not lose more than 1 mg/l of organic matter into any of the solvents listed. They must be regenerated with substances permitted for use in the preparation of foodstuffs.
These resins may be used only under the supervision of an oenologist or technician and in installations approved by the authorities of the Member States on whose territory they are used. Such authorities shall lay down the duties and responsibility incumbent on approved oenologists and technicians.
Article 14
Potassium ferrocyanide
Potassium ferrocyanide, the use of which is provided for in point 3(p) of Annex IV to Regulation (EC) No 1493/1999, may be used only under the supervision of an oenologist or technician officially approved by the authorities of the Member State in whose territory the process is carried out, the extent of whose responsibility shall be fixed, if necessary, by the Member State concerned.
After treatment with potassium ferrocyanide, the wine must contain traces of iron.
Supervision of the use of the product covered by this Article shall be governed by the provisions adopted by the Member States.
Article 15
Calcium phytate
Calcium phytate, the use of which is provided for in point 3(p) of Annex IV to Regulation (EC) No 1493/1999, may be used only under the supervision of an oenologist or technician officially approved by the authorities of the Member State in whose territory the process is carried out, the extent of whose responsibility shall be fixed, if necessary, by the Member State concerned.
After treatment, wine must contain traces of iron.
Supervision of the use of the product referred to in the first paragraph shall be governed by the provisions adopted by the Member States.
Article 16
DL-tartaric acid
DL-tartaric acid, the use of which is provided for in point 3(s) of Annex IV to Regulation (EC) No 1493/1999, may be used only under the supervision of an oenologist or technician officially approved by the authorities of the Member State in whose territory the process is carried out, the extent of whose responsibility shall be fixed, if necessary, by the Member State concerned.
Supervision of the use of the product covered by this Article shall be governed by the provisions adopted by the Member States.
Article 17
Dimethyldicarbonate
The addition of dimethyldicarbonate provided for in of point 3(zc) of Annex IV to Regulation (EC) No 1493/1999 may be carried out only within the limits laid down in Annex IV hereto and where it meets the requirements of Annex X hereto.
Article 18
Electrodialysis treatment
Electrodialysis treatment, the use of which to ensure the tartaric stabilisation of wine is provided for in point 4(b) of Annex IV to Regulation (EC) No 1493/1999, may be used only if it meets the requirements set out in Annex XI hereto.
Article 19
Urease
Urease, the use of which to reduce the level of urea in wine is provided for in point 4(c) of Annex IV to Regulation (EC) No 1493/1999, may be used only if it meets the requirements and purity criteria set out in Annex XII hereto.
Article 20
Addition of oxygen
The addition of oxygen, which is provided for in point 4(a) of Annex IV to Regulation (EC) No 1493/1999, must be carried out using pure gaseous oxygen.
Article 21
Pouring of wine or grape must to lees or grape marc or pressed ‘aszú’ pulp
The pouring of wine or grape must to lees or grape marc or pressed ‘aszú’ pulp, provided for in point 4(d) of Annex IV to Regulation (EC) No 1493/1999, shall be carried out as follows, in accordance with the Hungarian provisions in force on 1 May 2004:
(a)
the ‘Tokaji fordítás’ shall be prepared by pouring must or wine on the pressed ‘aszú’ pulp;
(b)
the ‘Tokaji máslás’ shall be prepared by pouring must or wine on the lees of ‘szamorodni’ or ‘aszú’.
Article 22
Use of pieces of oak wood
The usage of pieces of oak wood provided for in point 4(e) of Annex IV to Regulation (EC) No 1493/1999 may be carried out only where it meets the requirements set out in Annex XIII hereto.
CHAPTER II
Specific restrictions and requirements
Article 23
Sulphur dioxide content
1. The amendments to the lists of wines in point A(2) of Annex V to Regulation (EC) No 1493/1999 shall be as set out in Annex XIV hereto.
2. The following may be offered for direct human consumption until stocks are exhausted:
-
wine, other than liqueur wines and sparkling wines, produced in the Community, with the exception of Portugal, before 1 September 1986, and
-
wine, other than liqueur wines and sparkling wines, originating in third countries or in Portugal and imported into the Community before 1 September 1987,
provided that their total sulphur dioxide content on release to the market for direct human consumption does not exceed:
(a)
175 milligrams per litre for red wines;
(b)
225 milligrams per litre for white and rosé wines;
(c)
notwithstanding points (a) and (b), for wines with a residual sugar content expressed as invert sugar of not less than five grams per litre, 225 milligrams per litre for red wines and 275 milligrams per litre for white and rosé wines.
In addition, the following may be offered for direct human consumption in the country of production and for export to third countries until stocks are exhausted:
-
wine produced in Spain before 1 September 1986, the total sulphur dioxide content of which does not exceed the maximum laid down by the Spanish provisions in force before that date, and
-
wine produced in Portugal before 1 January 1991, the total sulphur dioxide content of which does not exceed the maximum laid down by the Portuguese provisions in force before that date.
3. Sparkling wines originating in third countries and Portugal and imported into the Community before 1 September 1987 may be offered for direct human consumption until stocks are exhausted provided that their total sulphur dioxide content does not exceed:
-
250 milligrams per litre for sparkling wines, and
-
200 milligrams per litre for quality sparkling wines.
In addition, the following may be offered for direct human consumption in the country of production and for export to third countries until stocks are exhausted:
-
wine produced in Spain before 1 September 1986, the total sulphur dioxide content of which does not exceed the maximum laid down by the Spanish provisions in force before that date, and
-
wine produced in Portugal before 1 January 1991, the total sulphur dioxide content of which does not exceed the maximum laid down by the Portuguese provisions in force before that date.
4. The cases where the Member States may authorise, because of weather conditions, that the maximum total sulphur dioxide content of wine, which is set at less than 300 milligrams per litre in point A of Annex V to Regulation (EC) No 1493/1999, be increased by a maximum of 40 milligrams per litre for certain wines produced in certain wine-growing zones within their territory shall be as listed in Annex XV hereto.
Article 24
Volatile acid content
The wines covered by exceptions regarding the maximum volatile acid content in accordance with point B(3) of Annex V to Regulation (EC) No 1493/1999 shall be as set out in Annex XVI hereto.
Article 25
Use of calcium sulphate in certain liqueur wines
Derogations regarding the use of calcium sulphate as referred to in point J(4)(b) of Annex V to Regulation (EC) No 1493/1999 may be granted only for the following Spanish wines:
(a)
‘Vino generoso’ as defined in point L(8) of Annex VI to Regulation (EC) No 1493/1999;
(b)
‘Vino generoso de licor’ as defined in point L(11) of Annex VI to Regulation (EC) No 1493/1999.
TITLE III
OENOLOGICAL PRACTICES
CHAPTER I
Enrichment
Article 26
Authorisation to use sucrose
The wine-growing regions where the use of sucrose is authorised pursuant to point D(3) of Annex V to Regulation (EC) No 1493/1999 shall be as follows:
(a)
wine-growing zone A;
(b)
wine-growing zone B;
(c)
wine-growing zone C, with the exception of vineyards in Italy, Greece, Spain and Portugal and vineyards in the French departments under jurisdiction of the courts of appeal of:
-
Aix-en-Provence,
-
Nîmes,
-
Montpellier,
-
Toulouse,
-
Agen,
-
Pau,
-
Bordeaux,
-
Bastia.
However, enrichment by dry sugaring may be authorised by the national authorities as an exception in the French departments referred to in point (c). France shall notify the Commission and the other Member States forthwith of any such authorisations.
Article 27
Enrichment in the event of exceptionally unfavourable weather conditions
The years during which an increase in the alcoholic strength by volume as referred to in point C(3) of Annex V to Regulation (EC) No 1493/1999 may be authorised in accordance with the procedure referred to in Article 75(2) of that Regulation because of exceptionally unfavourable weather conditions in accordance with point C(4) of that Annex, and the wine-growing zones, geographical regions and varieties concerned, where applicable, shall be as set out in Annex XVII hereto.
Article 28
Enrichment of the cuvée for sparkling wines
In accordance with point H(4) and point I(5) of Annex V and point K(11) of Annex VI to Regulation (EC) No 1493/1999, each Member State may authorise the enrichment of the cuvée at the place of preparation of sparkling wines, provided that:
(a)
none of the constituents of the cuvée has previously undergone enrichment;
(b)
the said constituents are derived solely from grapes harvested in its territory;
(c)
the enrichment is carried out in a single operation;
(d)
the following limits are not exceeded:
(i)
3,5 % vol. for a cuvée comprising constituents from wine-growing zone A, provided that the natural alcoholic strength by volume of each constituent is at least 5 % vol.;
(ii)
2,5 % vol. for a cuvée comprising constituents from wine-growing zone B, provided that the natural alcoholic strength by volume of each constituent is at least 6 % vol.;
(iii)
2 % vol. for a cuvée comprising constituents from wine-growing zones C I a, C I b, C II and C III, provided that the natural alcoholic strength by volume of each constituent is at least 7,5 % vol., 8 % vol., 8,5 % vol. and 9 % vol. respectively;
(e)
the method used is the addition of sucrose, of concentrated grape must or of rectified concentrated grape must.
The limits referred to in point (d) of the first paragraph shall be without prejudice to the application of Article 44(3) of Regulation (EC) No 1493/1999 to cuvées intended for the preparation of sparkling wines as referred to in point 15 of Annex I to that Regulation.
Article 29
Administrative rules applicable to enrichment
1. Notifications as referred to in point G(5) of Annex V to Regulation (EC) No 1493/1999 relating to operations to increase alcoholic strength shall be made by the natural or legal persons carrying out the operations concerned and in compliance with suitable time limits and control conditions set by the competent authority of the Member State on whose territory the operation takes place.
2. Notifications as referred to in paragraph 1 shall be made in writing and shall include the following information:
(a)
the name and address of the person making the notification;
(b)
the place where the operation is to be carried out;
(c)
the date and time when the operation is to commence;
(d)
the description of the product undergoing the operation;
(e)
the process used for the operation, with details of the type of product to be used.
3. Member States may allow prior notifications covering several operations or a specified period to be sent to the competent authorities. Such notifications shall be accepted only if the person making the notification keeps a written record of each enrichment operation as provided for in paragraph 6 and of the information required by paragraph 2.
4. Where the person concerned is prevented by reasons of force majeure from carrying out the notified operation in due time, Member States shall specify the conditions under which that person is to submit a new notification to the competent authority so that the necessary checks can be carried out.
They shall notify such provisions in writing to the Commission.
5. Notifications as referred to in paragraph 1 shall not be required in Luxembourg.
6. The particulars relating to operations to increase alcoholic strength shall be entered in the records immediately after the operation is completed, in accordance with the provisions adopted pursuant to Article 70 of Regulation (EC) No 1493/1999.
In cases where prior notifications covering several operations do not indicate the date and time when the operations are to commence, an entry must also be made in the records before each operation commences.
CHAPTER II
Acidification and deacidification
Article 30
Administrative rules applicable to acidification and deacidification
1. In the case of acidification and deacidification, operators shall make notifications as referred to in point G(5) of Annex V to Regulation (EC) No 1493/1999 not later than the second day following the first operation carried out in any wine year. Such notifications shall be valid for all operations in that wine year.
2. Notifications as referred to in paragraph 1 shall be made in writing and shall include the following information:
(a)
the name and address of the person making the notification;
(b)
the type of operation involved;
(c)
the place where the operation took place.
3. The particulars relating to each acidification and deacidification operation shall be entered in the records in accordance with the provisions adopted pursuant to Article 70 of Regulation (EC) No 1493/1999.
CHAPTER III
Common rules applicable to enrichment, acidification and deacidification
Article 31
Acidification and enrichment of one and the same product
The cases where acidification and enrichment of one and the same product within the meaning of Annex I to Regulation (EC) No 1493/1999 are permitted in accordance with point E(7) of Annex V thereto shall be decided in accordance with the procedure referred to in Article 75(2) of that Regulation and shall be as set out in Annex XVIII hereto.
Article 32
General rules applicable to enrichment, acidification and deacidification of products other than wine
The processes referred to in point G(1) of Annex V to Regulation (EC) No 1493/1999 must be carried out in a single operation. However, Member States may permit some of these processes to be carried out in more than one operation where this improves the vinification of the products concerned. In such cases, the limits laid down in Annex V to Regulation (EC) No 1493/1999 shall apply to the whole operation concerned.
Article 33
Derogation from the dates laid down for enrichment, acidification and deacidification
Notwithstanding the dates laid down in point G(7) of Annex V to Regulation (EC) No 1493/1999, enrichment, acidification and deacidification operations may be carried out before the dates set out in Annex XIX hereto.
CHAPTER IV
Sweetening
Article 34
Technical rules applicable to sweetening
The sweetening of table wines and quality wines psr shall be authorised only at the production and wholesale stages.
Article 35
Administrative rules applicable to sweetening
1. Any natural or legal person intending to carry out a sweetening operation shall notify the competent authority of the Member State on whose territory the operation is to take place.
2. Notifications shall be made in writing and must reach the competent authority at least 48 hours before the day on which the operation is to take place.
However, where an undertaking frequently or continuously carries out sweetening operations, Member States may allow a notification covering several operations or a specified period to be sent to the competent authorities. Such notification shall be accepted only on condition that the undertaking keeps a written record of each sweetening operation and records the information required by paragraph 3.
3. Notifications shall include the following information:
(a)
for sweetening operations carried out in accordance with point F(1)(a) of Annex V and point G(2) of Annex VI to Regulation (EC) No 1493/1999:
(i)
the quantity and the total and actual alcoholic strengths of the table wine or the quality wine psr to be sweetened;
(ii)
the quantity and the total and actual alcoholic strengths of the grape must to be added;
(iii)
the total and actual alcoholic strengths of the table wine or quality wine psr after sweetening;
(b)
for sweetening operations carried out in accordance with point F(1)(b) of Annex V and point G(2) of Annex VI to Regulation (EC) No 1493/1999:
(i)
the quantity and the total and actual alcoholic strengths of the table wine or the quality wine psr to be sweetened;
(ii)
the quantity and the total and actual alcoholic strengths of the grape must or the quantity and density of the concentrated grape must to be added, as the case may be;
(iii)
the total and actual alcoholic strengths of the table wine or quality wine psr after sweetening.
4. The persons referred to in paragraph 1 shall keep goods inwards and outwards registers showing the quantities of grape must or concentrated grape must which they are holding for sweetening operations.
Article 36
Sweetening of certain imported wines
The sweetening of imported wines as referred to in point F(3) of Annex V to Regulation (EC) No 1493/1999 shall be subject to the conditions laid down in Articles 34 and 35 of this Regulation.
Article 37
Specific rules applicable to the sweetening of liqueur wines
1. Sweetening under the conditions laid down in the second indent of point J(6)(a) of Annex V to Regulation (EC) No 1493/1999 shall be authorised for ‘vino generoso de licor’ as defined in point L(11) of Annex VI to that Regulation.
2. Sweetening under the conditions laid down in the third indent of point J(6)(a) of Annex V to Regulation (EC) No 1493/1999 shall be authorised for Madeira quality liqueur wine psr.
CHAPTER V
Coupage
Article 38
Definition
1. ‘Coupage’ within the meaning of Article 46(2)(b) of Regulation (EC) No 1493/1999 shall mean: the mixing together of wines or musts coming from:
(a)
different States;
(b)
different wine-growing zones in the Community within the meaning of Annex III to Regulation (EC) No 1493/1999 or different production zones in a third country;
(c)
the same wine-growing zone in the Community or the same production zone in a third country but being of different geographical origins, vine varieties, or harvest years provided that these origins, varieties or years are specified or required to be specified in the description of the product concerned; or
(d)
different categories of wines or musts.
2. The following shall be regarded as different categories of wine or must:
(a)
red wine, white wine and the musts or wines suitable for yielding one of these categories of wine;
(b)
table wine, quality wine psr and the musts or wines suitable for yielding one of these categories of wine.
For the purposes of this paragraph, rosé wine shall be regarded as red wine.
3. The following processes shall not be regarded as coupage:
(a)
the addition of concentrated grape must or of rectified concentrated grape must to increase the natural alcoholic strength of the product concerned;
(b)
the sweetening:
(i)
of a table wine;
(ii)
of a quality wine psr where the sweetener comes from the specified region whose name it bears or is rectified concentrated grape must;
(c)
the production of a quality wine psr in accordance with traditional practices as referred to in point D(2) of Annex VI to Regulation (EC) No 1493/1999.
Article 39
General rules applicable to coupage
1. Coupage or blending of the following products shall be prohibited if any of the ingredients do not comply with Regulation (EC) No 1493/1999 or with this Regulation:
(a)
table wines with each other; or
(b)
wines suitable for yielding table wines with each other or with table wines; or
(c)
quality wines psr with each other.
2. The result of mixing fresh grapes, grape must, grape must in fermentation or new wine still in fermentation, where any of those products does not possess the required characteristics for obtaining table wine or wine suitable for yielding table wine, with products suitable for yielding such wines or with table wine, shall not be considered to be table wine or wine suitable for yielding table wine.
3. Where coupage takes place and subject to the following paragraphs, the only products which may be considered to be table wines shall be those resulting from coupage of table wines with each other or coupage of table wines with wines suitable for yielding table wines, provided that such wines suitable for yielding table wines have a total natural alcoholic strength by volume not exceeding 17 % vol.
4. Without prejudice to Article 44(7) of Regulation (EC) No 1493/1999, coupage of a wine suitable for yielding a table wine with:
(a)
a table wine may yield a table wine only if the operation is carried out in the wine-growing zone where the wine suitable for yielding a table wine has been produced;
(b)
another wine suitable for yielding a table wine may yield a table wine only if:
(i)
the second wine suitable for yielding a table wine has been produced in the same wine-growing zone; and
(ii)
the operation is carried out in the same wine-growing zone.
5. Coupage of a grape must or a table wine which has undergone the oenological practice referred to in point 1(n) of Annex IV to Regulation (EC) No 1493/1999 with a grape must or a wine which has not undergone that practice shall be prohibited.
CHAPTER VI
Addition of other products
Article 40
Addition of distillate to liqueur wines and certain quality liqueur wines psr
The characteristics of wine distillate and dried-grape distillate which may be added to liqueur wines and certain quality liqueur wines psr in accordance with the second indent of point J(2)(a)(i) of Annex V to Regulation (EC) No 1493/1999 shall be as laid down in Annex XX hereto.
Article 41
Addition of other products to, and use of grape must in the preparation of, certain quality liqueur wines psr
1. The list of quality liqueur wines psr the preparation of which involves the use of grape must or a mixture thereof with wine in accordance with point J(1) of Annex V to Regulation (EC) No 1493/1999 shall be as set out in Part A of Annex XXI hereto.
2. The list of quality liqueur wines psr to which the products referred to in point J(2)(b) of Annex V to Regulation (EC) No 1493/1999 may be added shall be as set out in Annex XXI(B) hereto.
Article 42
Addition of alcohol to semi-sparkling wine
Pursuant to Article 42(3) of Regulation (EC) No 1493/1999, the addition of alcohol to semi-sparkling wine shall not lead to an increase of more than 0,5 % vol. in the total alcoholic strength by volume of the semi-sparkling wine. Alcohol may only be added in the form of expedition liqueur and provided that such a method is allowed under the regulations in force in the producer Member State and that such regulations have been communicated to the Commission and to the other Member States.
CHAPTER VII
Requirements applicable to ageing
Article 43
Ageing of certain liqueur wines
Ageing under the conditions laid down in point J(6)(c) of Annex V to Regulation (EC) No 1493/1999 shall be authorised for ‘Madeira’ quality liqueur wine psr.
TITLE IV
EXPERIMENTAL USE OF NEW OENOLOGICAL PRACTICES
Article 44
General rules
1. For experimental purposes as referred to in Article 46(2)(f) of Regulation (EC) No 1493/1999, each Member State may authorise the use of certain oenological practices or processes not provided for in that Regulation or in this Regulation, for a maximum of three years, on condition that:
(a)
the practices and processes concerned meet the requirements laid down in Article 42(2) of Regulation (EC) No 1493/1999;
(b)
such practices and processes are applied to quantities not exceeding 50 000 hectolitres per year for any one experiment;
(c)
the products obtained are not sent outside the Member State on whose territory the experiment was conducted;
(d)
the Member State concerned informs the Commission and the other Member States at the beginning of the experiment of the terms of each authorisation.
‘Experiment’ shall mean an operation or operations carried out in the context of a well-defined research project with a single experimental protocol.
2. Before the end of the period referred to in paragraph 1, the Member State concerned shall forward to the Commission a report on the authorised experiment and the Commission shall notify the other Member States of the results thereof. Depending on these results, the Member State concerned may apply to the Commission for authorisation to continue the experiment, possibly with a larger quantity than in the original experiment, for a further maximum period of three years. The Member State shall submit an appropriate dossier in support of its application.
3. The Commission, acting in accordance with the procedure referred to in Article 75(2) of Regulation (EC) No 1493/1999, shall decide on the application referred to in paragraph 2 of this Article; at the same time, it may decide to allow the experiment to be continued in other Member States under the same terms.
4. At the end of the period referred to in paragraph 1 or, where applicable, paragraph 2, and after gathering all the information on the experiment, the Commission may, if appropriate, submit to the Council a proposal for definitive authorisation of the oenological practice or process covered by the experiment.
TITLE V
FINAL PROVISIONS
Article 45
Wine produced before 1 August 2000
Wine produced before 1 August 2000 may be offered or supplied for direct human consumption provided that it complies with the Community or national rules in force prior to that date.
Article 46
Requirements for distillation, movement and use of products not complying with Regulation (EC) No 1493/1999 or with this Regulation
1. Products which, pursuant to Article 45(1) of Regulation (EC) No 1493/1999, may not be offered or supplied for direct human consumption shall be destroyed. However, Member States may authorise the use of certain products the characteristics of which they shall determine, by distilleries or vinegar factories or for industrial purposes.
2. Such products may not be held without legitimate cause by producers or traders and they may be moved only to distilleries, vinegar factories, establishments using them for industrial purposes or products or elimination plants.
3. Member States may have denaturing agents or indicators added to wines as referred to in paragraph 1 in order to make them more easily identifiable. Where justified, they may also prohibit the uses provided for in paragraph 1 and have the products eliminated.
Article 47
Applicable Community methods for the analysis of wines
Regulation (EEC) No 2676/90 shall apply to products covered by Regulation (EC) No 1493/1999.
Article 48
Repeal
Regulation (EC) No 1622/2000 is repealed.
References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex XXIII.
Article 49
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 May 2008.