1999R1493 — EN — 01.01.2001 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL REGULATION (EC)No 1493/1999
of 17 May 1999
on the common organisation of the market in wine
(OJ L 179, 14.7.1999, p. 1)
Amended by:
OfficialJournal
No page date
►M1 Commission Regulation (EC) No 1622/2000 of 24 July 2000 L 194 1 31.7.2000
►M2 CouncilRegul ation (EC) No 2826/2000 of 19 December 2000 L 328 2 23.12.2000
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COUNCIL REGULATION (EC)No 1493/1999
of 17 May 1999
on the common organisation of the market in wine
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
in particular Articles 36 and 37 thereof,
Having regard to the proposalfrom the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and SocialCommittee (3),
Having regard to the opinion of the Committee of the Regions (4),
Whereas:
(1) the operation and development of the common market in
agricultural products should be accompanied by the establishment
of a common agricultural policy to include in particular acommon organisation of agricultural markets which may takevarious forms depending on the product;
(2) the aim of the common agricultural policy is to attain theobjectives set out in Article 33 of the Treaty and in particular, inthe wine sector, to stabilise markets and ensure a fair standard of
living for the agricultural community concerned; these objectives
may be attained by adjusting resources to needs, in particularthrough the pursuit of a policy for the adaptation of wine-growingpotential and a quality policy;
(3) the existing framework of the common organisation of the marketin wine was established by Regulation (CEE) No 822/87 (
5), as
last amended by Regulation (EC) No 1627/98 (6); in the light of
experience it would be appropriate to replace it in order to address
the current situation in the wine sector, which is typified by the
fact that, while structural surpluses are less frequent, surpluses ona multiannual basis are still possible, however, in particular owingto the sector's inherent potentialfor dramatic fl uctuations inproduction from one harvest to the next;
(4) the implementation of the Uruguay Round agreements in 1995has resulted both in a more open Community market in which
traditionalintervention measures have now l ost much of their
potentialimpact, and in l ess scope for subsidised exports, whichmeans that Community producers need to improve theircompetitive performance; the majority of exports are alreadybeing effected without subsidy;
(5) the most significant market problem currently facing certain partsof the Community wine sector is their limited ability to adapt
sufficiently rapidly to competitive changes on both the internal
and externalmarket; the existing common organisation of themarket has failed to offer solutions for wine-growing areas whereproduction is clearly unable to find a remunerative market; therehas been insufficient flexibility for those areas with expanding
markets to allow scope for development;
(6) in 1994 the Commission presented a proposalfor the reform ofthe common organisation of the market in wine which was not,
however, adopted; the market situation has changed since thatproposalwas made;1999R1493 — EN — 01.01.2001 — 002.001 — 2
(1) OJ C 271, 31.8.1998, p. 21.
(2) Opinion delivered on 6 May 1999 (not yet published in the Official Journal).
(3) OJ C 101, 12.4.1999, p. 60.
(4) OJ C 93, 6.4.1999, p. 1.
(5) OJ L 84, 27.3.1987, p. 1.
(6) OJ L 210, 28.7.1998, p. 8.
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(7) there should therefore be a reform of the common organisation of
the market in wine to guarantee the necessary flexibility to adapt
smoothly to new developments with the following broad aims:maintaining improved balance between supply and demand on theCommunity market; enabling the sector to become morecompetitive in the longer term; eliminating the availablility ofintervention as an artificial outlet for surplus production;
supporting the wine market and hence facilitating the continuation
of supplies of wine distillates to those parts of the potable alcoholsector which traditionally use that alcohol; accommodatingregional diversity; and formalising the potential role of producerorganisations and sectoralorganisations;
(8) Regulation (EEC) No 822/87 was supplemented and implemented
by Regulations (EEC) No 346/79 (1), (EEC) No 351/79 (2), as last
amended by Regulation (EEC) No 1029/91 (3), (EEC) No 460/
79 (4), as last amended by Regulation (EEC) No 3805/85 (5),
(EEC) No 465/80 (6), as last amended by Regulation (EEC) No
1597/83 (7), (EEC) No 457/80 (8), (EEC) No 458/80 (9), as last
amended by Regulation (EEC) No 596/91 (10), (EEC) No 1873/
84 (11), as last amended by Regulation (EC) No 2612/97 (12),
(EEC) No 895/85 (13), as last amended by Regulation (EEC) No
3768/85 (14), (EEC) No 823/87 (15), as last amended by Regulation
(EC) No1426/96 (16), (EEC) No 1442/88 (17), as last amended by
Regulation (EC) No 859/199 (18), (EEC) No 3877/88 (19), (EEC)
No 4252/88 (20), as last amended by Regulation (EC) No 1629/
98 (21), (EEC) No 2046/89 (22), as last amended by Regulation
(EC) No 2468/96 (23), (EEC) No 2048/89 (24), (EEC) No 2389/
89 (25), as last amended by Regulation (EC) No 2088/97 (26),
(EEC) No 2390/89 (27), as last amended by Regulation (EC) No
2611/97 (28), (EEC) No 2391/89 (29), (EEC) No 2392/89 (30), as last
amended by Regulation (EC) No 1427/96 (31), (EEC) No 3677/
89 (32), as last amended by Regulation (EC) No 2796/94 (33),
(EEC) No 3895/91 (34), (EEC) No 2332/92 (35), as last amended by
Regulation (EC) No 1692/98 and (EEC) No 2333/92 (36), as last1999R1493 — EN — 01.01.2001 — 002.001 — 3
(1) OJ L 54, 5.3.1979, p. 72.
(2) OJ L 54, 5.3.1979, p. 90.
(3) OJ L 106, 26.4.1991, p. 6.
(4) OJ L 58, 9.3.1979, p. 1.
(5) OJ L 367, 31.12.1985, p. 39.
(6) OJ L 57, 29.2.1980, p. 16.
(7) OJ L 163, 22.6.1983, p. 52.
(8) OJ L 57, 29.2.1980, p. 23.
(9) OJ L 57, 29.2.1980, p. 27.
(10) OJ L 67, 14.3.1991, p. 16.
(11) OJ L 176, 3.7.1984, p. 6.
(12) OJ L 353, 24.12.1997, p. 2.
(13) OJ L 97, 4.4.1987, p. 2.
(14) OJ L 362, 31.12.1985, p. 8.
(15) OJ L 84, 27.3.1987, p. 59.
(16) OJ L 184, 24.7.1996, p. 1.
(17) OJ L 132, 28.5.1988, p. 3.
(18) OJ L 108, 27.4.1999, p. 9.
(19) OJ L 346, 15.12.1988, p. 7.
(20) OJ L 373, 31.12.1988, p. 59.
(21) OJ L 210, 28.7.1998, p. 11.
(22) OJ L 202, 14.7.1989, p. 14.
(23) OJ L 335, 24.12.1996, p. 7.
(24) OJ L 202, 14.7.1989, p. 32.
(25) OJ L 232, 9.8.1989, p. 1.
(26) OJ L 292, 25.10.1997, p. 3.
(27) OJ L 232, 9.8.1989, p. 7.
(28) OJ L 353, 24.12.1997, p. 1.
(29) OJ L 232, 9.8.1989, p. 10.
(30) OJ L 232, 9.8.1989, p. 13.
(31) OJ L 184, 24.7.1996, p. 3.
(32) OJ L 360, 9.12.1989, p. 1.
(33) OJ L 297, 18.11.1994, p. 1.
(34) OJ L 368, 31.12.1991, p. 1.
(35) OJ L 231, 13.8.1992, p. 1.
(36) OJ L 231, 13.8.1992, p. 9.
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amended by Regulation (EC) No 1429/96 (1); those Regulations
have been substantially amended several times; since furtheramendments are to be made, they should be recast in the interest
of clarity, in a single text;
(9) Regulation (EEC) No 822/87 made provision for the Council tolay down general rules for its application; this created a complex
structure of layers of legislation; the aforementioned Regulationscontained a large amount of technical detail which requiredfrequent amendment; this Regulation should therefore, in general,contain all the necessary guidance for its application; the Councilshould confer all necessary implementing powers on the
Commission in accordance with Article 211 of the Treaty;
(10) the rules governing the common organisation of the market inwine are extremely complex; in some cases they do not take
sufficient account of regional diversity; as far as possible the rulesshould therefore be simplified and policy developed andimplemented as close as possible to the producer within aCommunity framework;
(11) to capitalise on and consolidate the improved market balance, andto better align supply on demand for different types of product,there should be a framework of measures on the management of
wine-growing potential, to include restrictions on planting in the
medium term, premiums for the permanent abandonment of wine-growing and support for the restructuring and conversion ofvineyards;
(12) structural measures not directly related to the production of wineshould fall within the scope of Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for ruraldevel opment from theEuropean Agricultural Guidance and Guarantee Fund (EAGGF)
and amending and repeating certain Regulations (
2); measures
related to promotion make an important contribution to thesector's competitive performance and notably the promotion ofCommunity wine on third-country markets should be stimulated;however, in order to ensure consistency with the generalpromotion policy of the Community, measures related to the
wine sector should fall within the scope of horizontal rules on this
matter; for this purpose, the Commission has submitted a proposalfor a Regulation on measures to promote and provide informationon agricultural products in third countries (
3);
(13) market balance has improved, albeit in a relatively slow anddifficult manner; whereas the existing restrictions on plantinghave shown themselves to be the essential component in thisachievement; in the light of experience it does not seem possible
to use any other measures to capitalise on and consolidate the
improved market balance; it therefore seems necessary to controlthe use of producers' property in this manner in accordance withthe generalinterest;
(14) existing restrictions on planting should therefore remain in placefor a period limited in the medium term so as to allow the fullrange of structuralmeasures to take effect, and thus any pl antingof vines for wine production should be prohibited until 31 July
2010 unless otherwise permitted under this Regulation;
(15) the existing permission for new planting of areas intended forgraft nurseries, land consolidation and compulsory purchase as
well as wine-growing experiments has shown itself not to undulydisturb the wine market and should therefore be continued subjectto the necessary controls; for similar reasons, it should also bepossible to plant vines, the production of which is intended forconsumption by the wine-grower's family;1999R1493 — EN — 01.01.2001 — 002.001 — 4
(1) OJ L 184, 24.7.1996, p. 9.
(2) OJ L 160, 26.6.1999, p. 80.
(3) OJ C 32, 6.2.1999, p. 12.
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(16) the existing permission for new planting to produce a quality wine
produced in specified regions (quality wine psr) and table wine
described by reference to a geographicalindications has proved tobe a useful component of the quality policy which is designed tobetter align supply on demand; however, once a reserve system ofplanting rights is fully functional, this latter system should fulfilthis objective; the existing permission should therefore be
continued, subject to the necessary checks, for a transitional
period until31 Jul y 2003, by which time the reserve systemshould be fully functional;
(17) the existing permission to replant vines is necessary to allow thenormalrenewalof exhausted vineyards; the existing systemshould therefore be maintained subject to the necessary checks;for greater flexibility the system should also permit, subject to the
necessary checks, the acquisition and use of replanting rights
before the related grubbing-up takes place; replanting rightsacquired under prior Community or national legislation should berespected; furthermore, it should be possible to transfer replantingrights to another holding, subject to strict controls, provided that
this transfer is in pursuit of quality or conerns the areas intended
for graft nurseries or is connected with the transfer of part of theholding; in order to ensure the smooth running of the commonorganisation of the market, these transfers should be maintainedwithin the same Member State;
(18) in order to improve the management of wine-growing potentialand to promote the efficient use of planting rights and thus to
further mitigate the effect of the restrictions on planting, a system
of nationalor regionalreserves shoul d be set up:
(19) Member States should be given broad discretion in the manage-ment of the reserves, subject to the necessary controls, so as topermit them to better align the use of the rights to plant suchreserves on local needs; this should include the opportunity to
purchase planting rights, to fund the reserve and to sell planting
rights from the reserve; to this end, Member States should beallowed not to apply the reserve system, provided that they canprove that they already have an efficient system of managingplanting rights;
(20) the grant of specific benefits to young wine producers mayfacilitate not only their establishment but also the structural
adjustment of their holdings after their initial establishment; such
producers should therefore be eligible for the grant of rights fromthe reserves free of charge;
(21) to ensure that resources are used in the most efficient manner andto better align supply on demand, planting rights should be usedby their holders within a reasonable time, or failing that, shouldbe allocated or reallocated to the reserves; rights allocated to the
reserves should be granted within a reasonable time for the same
reasons;
(22) in the light of the improved market balance and the expandingworld market, there may be justification for increasing plantingrights which should be allocated to the Member States concernedand, in part, to a Community reserve for allocation which is
dependent on additionalmarket demand; this increase shoul d be
reduced by the extent to which new planting rights have beenauthorised for quality wines psr and table wines designated with ageographicalindication;
(23) notwithstanding the existing restrictions on planting, areas havebeen planted in breach of those restrictions; the existing sanctions,which are designed to ensure that the products of such areas do
not disrupt the wine market, have proved to be difficult to
enforce; areas planted illegally should therefore be grubbed up;this requirement should be imposed in respect of all illegalplanting which takes place after the proposal for this Regulationhas been published, from which time producers should have beenaware of the proposalto introduce the requirement;1999R1493 — EN — 01.01.2001 — 002.001 — 5
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(24) without prejudice to any existing nationalmeasures, for reasons
of legal certainty it is not possible to impose at Community level
the grubbing-up requirement on areas planted in breach ofrestrictions before the proposalfor this Regul ation has beenpublished; for better control of wine-growing potential, during afixed period Member States should therefore be able to regularisethe position of such areas, subject to the necessary controls; a
different treatment may be provided for as far as regularisation is
concerned, depending on the details of the planting in question, inparticular where such planting is liable to lead to an increase inproduction; the producer involved may be subject to appropriateadministrative penalties should such a risk occur;
(25) Member States should be able to take account of local conditions
and therefore be able to impose stricter rules in respect of new
planting, replanting and grafting-on, where necessary;
(26) there are wine-growing areas whose production is not aligned ondemand; to encourage a better alignment of the sector as a whole,the permanent abandonment of wine-growing in such areas
should be encouraged; a premium should therefore be granted to
this end; the management of such a premium should be left toMember States to administer, whithin a Community frameworkand subject to the necessary controls, so as better to target thepremium on the regions concerned; in particular Member Statesshould therefore be able to designate the regions concerned and
set the levels of the premium, using objective criteria and whitin
an overall ceiling;
(27) production in those Member States whose wine production isbelow 25 000 hectolitres per year does not seriously affect themarket balance; those Member States should therefore be exemptfrom the restrictions on planting but should not have access to the
premium for permanent abandonment of wine-growing;
(28) there are other wine-growing areas where production is not
aligned on demand, but where production could be better alignedthrough restructuring of vineyards by varietalconversion,relocation of vineyards or improvement of vineyard management
techniques; there should therefore be support to this end subject to
the necessary controls;
(29) to ensure that such restructuring and conversion are carried out ina controlled fashion, they should be planned; plans should bedrawn up at a level as close as possible to the producer to ensurethat regionaldiversity is taken into account; neverthel ess, in order
to ensure that the plans are in conformity with Community law,
Member States should remain responsible in the last resort forthose plans;
(30) restructuring and conversion have two main financialimpacts onthe producer, namely loss of earnings during the period ofconversion and the costs of implementing those measures; the
support should therefore cover both of these impacts; in the
restructuring process there is a place for additional nationalmeasures within specified limits;
(31) it is desirable for a better management of wine-growing potentialfor an inventory of such potentialto be compil ed at Member State
or at regional level; to encourage Member States to compile the
inventory, access to the regularisation of unlawfully planted areas,the increase in planting rights and support for restructuring andconversion should be limited to those who have compiled theinventory; in the case of regionalinventories, those regions whichcompiled the inventory should not be excluded from eligibility for
the restructuring and conversion measures because other regions
have not compiled an inventory; however, all the regionalinventories must be completed by 31 December 2001;
(32) the classification of vine varieties for wine production is a taskbest carried out as close as possible to the producer; MemberStates should therefore take over this task from the Community;1999R1493 — EN — 01.01.2001 — 002.001 — 6
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(33) Council Regulation (EEC) No 2392/86 of 24 July 1986
establishing a Community vineyard register (1), as last amended
by Regulation (EC) No 1631/98 (2), should remain in force to
enable those Member States who are still in the process ofcompiling it to complete the task; however, provision should bemade for its subsequent amendment or repeal;
(34) in order to preserve market balance, provision should be made foraid for the private storage of table wine and types of grape must;the measure should be as flexible and responsive to marketmovements as possible; to this end, it should therefore be possible
in particular to terminate its application at short notice;
(35) in order to eliminate the availability of intervention as an artificial
outlet for surplus production there should be changes to the
distillation system; there should therefore be the following forms
of distillation: compulsory distillation of by-products of wine-making, compulsory distillation of wine produced from grapes notclassified solely as wine grape varieties, a distillation measure tosupport the wine market by promoting continuity of supplies ofwine distillates in parts of the potable alcohol sector which
traditionally use that alcohol, and a crisis distillation measure;
other forms of distillation should be abandoned; these measuresshould be as flexible as possible to respond to market needs andspecific regionalconditions;
(36) in view of the poor quality of wine obtained from overpressing,this practice should be prohibited and provision should be made,in order to prevent it, for the compulsory distillation of marc andlees; however, derogations from this obligation may be envisagedin order to take account of conditions of production in certain
wine-growing regions; in addition, since the production and
market structures in wine-growing zone A and in the German partof wine-growing zone B are able to ensure that the aims of themeasure are achieved, producers in these regions should not beobliged to distill by-products of wine-making but to withdraw
such by-products under supervision;
(37) the production of wine obtained from grapes not classified solely
as wine-grapes varieties should be directed in the first instance
towards traditionaluses in the spirits sector and other traditional
outlets; provisions should be made for the compulsory distillationof such wine produced in excess of the normalquantities directedtowards such uses;
(38) certain parts of the potable alcohol sector constitute an importanttraditional outlet for wine distillates and other wine-basedproducts; there should therefore be Community support fordistillation of table wine and wine suitable for yielding table wineto supply this market, in the form of a primary aid paid for
distillation of such wines and a secondary aid for storage of the
resulting distillate;
(39) in order to dealwith exceptionalcases of market disturbance and
serious quality problems, there should be a crisis distillation
measure; the level and format of aid should be determined by theCommission to take account of specific situations, including caseswhere a noticeable fall in the market price for a category of winehas been noted; the measure should be voluntary for producers; ifthis measure is applied for three years in succession in respect of
a particular category of wine (in a particular zone), the
Commission should submit to the European Parliament and theCouncila report and, where appropriate, proposal s;
(40) the disposal of alcohol obtained by distillation should be carriedout in such a manner as to afford greater transparency and controland to avoid disturbance of traditional markets for alcohol;1999R1493 — EN — 01.01.2001 — 002.001 — 7
(1) OJ L 208, 31.7.1986, p. 1.
(2) OJ L 210, 28.7.1998, p. 14.
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(41) the increase in the natural alcoholic strength by volume is not at
present carried out under the same economic conditions by all
Community producers on account of the various oenologicalpractices allowed by this Regulation; in order to eliminate suchdiscrimination, encouragement should be given to the use of vineproducts for enrichment, thereby increasing their outlets andhelping to avoid wine surpluses; in order to achieve this, the
prices of the various products for enrichment should be aligned;
this result may be achieved by means of a system of aid forconcentrated grape must and rectified concentrated grape mustcoming from certain regions and used for enrichment;
(42) it remains necessary, in order to achieve a more stable balancebetween production and use, to increase the use of vine products;intervention appears to be justified further back than table wine
production, by encouraging the use of must for certain purposes
other than wine-making by means of aid to ensure thatCommunity wine products may maintain their traditionalmarketoutlets; the measure should be applied so as to avoid distortions ofcompetition, taking into account traditionalproduction methods;
(43) producers who have not fulfilled their obligations undercompulsory distillation measures should not be allowed to benefitfrom any other intervention measures;
(44) provision should also be made for possible measures in the caseof high prices on the Community market;
(45) given the specialfeatures of the market in wine, the formation ofproducers' organisations is likely to contribute to the attainment of
the objectives of the common organisation of the market; Member
States may recognise such organisations; the latter must beformed on a voluntary basis and must prove their utility throughthe scope and efficiency of the services offered by producerorganisations to their members;
(46) in order to improve the operation of the market for quality winespsr and table wines with a geographical indication, MemberStates should be able to implement decisions taken by sectoral
organisations; the scope of such decisions should exclude certain
concerted practices; the Commission should ensure that suchdecisions conform with Community law; the sectoral organisa-tions should perform certain tasks, taking into account consumers'interests;
(47) for health reasons and in pursuit of quality, authorised oenologicalprocesses and practices should be laid down at Community level,
these being the only ones permitted for use in the manufacture of
products covered by this Regulation; for similar reasons, onlywine grape varieties should be used to produce wines for humanconsumption;
(48) in view of the fact that production conditions, in particular soil,terrain and climate, vary considerably from one Communitywine-growing area to another, it is essentialthat such variationsare taken into account with regard to oenological practices and
processes; for reasons of simplicity and to facilitate the
modifications based on experience and technological progress,certain technicall imits and conditions connected with thesepractices and processes should be defined in the detailed rules ofimplementation; nevertheless, the limits concerning the levels of
sulphur dioxide, sorbic acid and potassium sorbate should be laid
down in this Regulation in view of their importance for health;
(49) provision should be made for authorised methods of analysis forwine-sector products;
(50) the description, designation and presentation of products coveredby this Regulation can have significant effects on their market-ability; this Regulation should therefore lay down rules in thisconnection which take into account the legitimate interests ofconsumers and producers and promote the smooth operation ofthe internalmarket and the production of qual ity products; the1999R1493 — EN — 01.01.2001 — 002.001 — 8
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fundamental principles of these rules should provide for the
obligatory use of certain terms so as to identify the product andprovide consumers with certain important items of information
and the optionaluse of other information on the basis of
Community rules or subject to rules concerning the prevention offraudulent practices;
(51) the rules concerning in particular designation should includeprovisions on the prevention of fraudulent practices, penalties at
Community level to be applied in the event of improper labelling,
use of languages, in particular when different alphabets areinvolved, and the use of brand names, especially when thesecould cause confusion amongst consumers;
(52) in view of the differences between products covered by this
Regulation and their markets, and the expectations of consumers
and traditional practices, the rules should be differentiatedaccording to the products concerned, in particular as far assparkling wine is concerned and according to their origin;
(53) rules should also be applied to the labelling of imported products,
in particular to clarify their origin and to avoid any confusion
with Community products;
(54) the right to use geographicalindications and other traditionalterms is a valuable one; the rules should therefore govern thisright and provide for protection for these terms; to promote faircompetition and so as not to mislead consumers, this protection
may need to affect products not covered by this Regulation,
including those not found in Annex I to the Treaty;
(55) bearing in mind the interests of consumers and the desirability ofobtaining equivalent treatment for quality wine psr in thirdcountries, provisions should be made so that reciprocal arrange-
ments can be established whereby wines imported for direct
human consumption and bearing a geographicaldescription andmarketed in the Community may enjoy these protection andcontrolarrangements;
(56) in order to take account of the obligations arising, in particular,
from Articles 23 and 24 of the Agreement on Trade-Related
Aspects of Intellectual Property Righs, which forms an integralpart of the Agreement establishing the World Trade Organisationapproved by Decision 94/800/EC (
1), provision should be made
for the parties concerned to prevent, under certain conditions, theunlawful use of geographical designations protected by a third-
country member of the WTO;
(57) the development of a policy of encouraging quality production in
agriculture and especially in wine growing is bound to contributeto the improvement of conditions on the market and, as result, toan increase in outlets; the adoption of additional common rules
which concern the production and controlof qual ity wines psr
falls within the framework of this policy and can contributetowards the attainment of those objectives;
(58) in order to maintain a minimum quality standard for quality winespsr, to avoid an uncontrollable expansion in the production of
such wines, and to harmonise the provisions of the Member States
so as to establish conditions of fair competition in theCommunity, a framework of Community rules should be adopted,governing the production and controlof qual ity wines psr, withwhich the specific provisions adopted by the Member States willhave to comply;
(59) taking into account traditionalconditions of production, thenature and scope of the factors which enable each of the qualitywines psr to be distinguished must be listed and defined; acommon move to harmonise quality requirements should never-theless be made; these factors should be: the demarcation of the1999R1493 — EN — 01.01.2001 — 002.001 — 9
(1) OJ L 336, 23.12.1994, p. 1.
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area of production, vine varieties, cultivation methods, wine-
making methods, minimum natural alcoholic strength by volume,yield per hectare and analysis and assessment of organoleptic
characteristics; particular rules should be laid down for quality
liqueur wines psr and quality sparkling wines psr given theparticular nature of those products;
(60) experience has shown the need to draw up precise rules forreclassifying quality wines psr as table wines and to specify the
cases in which the producer has the option of not requesting that a
product appearing in his harvest or production declaration as aproduct suitable for yielding a quality wine psr be classified as aquality wine psr;
(61) in order to preserve the particular quality characteristics of quality
wines psr, Member States should be allowed to apply additional
or more stringent rules governing the production and movementof quality wines psr, in accordance with fair and traditionalpractices;
(62) the creation of a single Community market for wine involves the
introduction of a single trading system at the external frontiers of
the Community; a trading system including import duties andexport refunds, in addition to the externalmarket measures,should, in principle, stabilise the Community market; the tradingsystem should be based on the undertakings accepted under theUruguay Round of multilateral trade negotiations;
(63) in order to monitor the volume of trade in wine with thirdcountries, provision should be made for a system of import andexport licences for certain products, which includes the lodging ofa security to guarantee that the transactions for which suchlicences are granted are effected;
(64) in order to prevent or counteract adverse effects on theCommunity market which could result from imports of certainagricultural products, imports of one or more such productsshould be subject to payment of an additional import duty, ifcertain conditions are fulfilled;
(65) it is appropriate, under certain conditions, to confer on theCommission the power to open and administer tariff quotasresulting from international agreements concluded in accordancewith the Treaty or from other acts of the Council;
(66) provisions for granting a refund on exports to third countries,
based on the difference between prices within the Community and
on the world market, and falling within the WTO Agreement onAgriculture (
1), should serve to safeguard Community participa-
tion in internationaltrade in wine; these refunds shoul d be subjectto limits in terms of quantity and value;
(67) compliance with the value limits should, when refunds are fixed,
be ensured through the monitoring of payments under the rules
relating to the European Agricultural Guidance and GuaranteeFund; monitoring can be facilitated by the compulsory advancefixing of refunds, while allowing the possibility, in the case ofdifferentiated refunds, of changing the specified destination
within a geographical area to which a single refund rate applies;
in the case of a change of destination, the refund applicable to theactual destination should be paid, with a ceiling on the amountapplicable to the destination fixed in advance;
(68) ensuring compliance with the quantity limits calls for the
introduction of a reliable and effective system of monitoring; to
that end, the granting of refunds should be made subject to anexport licence; refunds should be granted up to the limitsavailable, depending on the particular situation of each productconcerned; exceptions to that rule should only be permitted in thecase of food-aid operations, which are exempt from any limit;1999R1493 — EN — 01.01.2001 — 002.001 — 10
(1) OJ L 336, 23.12.1994, p. 22.
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monitoring of the quantities exported with refunds during the
marketing years as referred to in the WTO Agreement onAgriculture should be carried out on the basis of export licences
issued for each marketing year;
(69) in addition to the system described above, and to the extentnecessary for its proper working, provision should be made for
regulation or, when the situation on the market so requires,prohibiting the use of inward-processing arrangements;
(70) the customs duty system makes it possible to dispense with allother protective measures at the externalfrontiers of theCommunity; however, the internalmarket and duty mechanismcould, in exceptional circumstances, prove defective; in suchcases, so as not to leave the Community market without defence
against any disturbances which may arise therefrom, the
Community should be able to take all necessary measureswithout delay; those measures should be in accordance with theobligations derived from the relevant WTO agreements;
(71) products imported from third countries should be subject to ruleson certain product specifications which ensure a measure ofbalance with Community definitions of wines; they should alsocomply with any rules laid down in their country of origin and beaccompanied by an analysis report in appropriate circumstances;
(72) it should be provided that all the products covered by thisRegulation should be furnished with an accompanying document
when circulating within the Community;
(73) the establishment of a single market would be jeopardised by the
granting of certain aids; the provisions of the Treaty which allow
the assessment of aids granted by Member States and the
prohibition of those which are incompatible with the commonmarket should therefore apply in the common market organisationfor wine; the provisions on premiums for the permanentabandonment of wine-growing should not of themselves precludethe granting of nationalaid for the same ends;
(74) given the necessary complexity of the rules in the wine sector,Member States' authorities should be responsible for ensuring
compliance; the Commission should itself be able to monitor and
ensure such compliance through its own inspectors collaboratingwith Member States' authorities;
(75) it is necessary that, as the common market in wine develops, theMember States and the Commission should keep each othersupplied with the information necessary for applying thisRegulation; producers of grapes for wine-making, must andwine should make a harvest declaration since this information isnecessary; Member States should be able to request further
information from producers; the Commission should be permitted
to use externalassistance when assessing any data;
(76) in order to facilitate implementation of the proposed measures, aprocedure should be provided for establishing close cooperationbetween Member States and the Commission within a manage-ment committee;
(77) expenditure incurred by the Member States as a result of theobligations arising out of the application of this Regulation shouldbe financed by the Community in accordance with CouncilRegulation (EC) No 1258/1999 on the financing of the commonagricultural policy (
1);
(78) the common organisation of the market in wine should takeappropriate account, at the same time, of the objectives set out in
Articles 33 and 131 of the Treaty;
(79) the common organisation of the market in wine should also be
applied in the light of the agreements concluded under1999R1493 — EN — 01.01.2001 — 002.001 — 11
(1) OJ L 160, 26.6.1999, p. 103.
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Article 300(2) of the Treaty, in particular those forming a part of
the Agreement establishing the World Trade Organisation,notably that on technical barriers to trade; (
1)
(80) the change from the arrangements in Regulation (EC) No 822/87
and the other Regulations in the wine sector to those in this
Regulation could give rise to difficulties which are not dealt within this Regulation; in order to deal with that eventuality, provisionshould be made for the Commission to adopt the necessarytransitional measures; the Commission should also be authorised
to solve specific practical problems,
HAS ADOPTED THIS REGULATION:
TITLE I
SCOPE
Article 1
1. The common organisation of the market in wine shall comprise
rules governing wine-production potential, market mechanisms,producer organisations and sectoralorganisations, oenol ogicalpracticesand processes, description, designation, presentation and protection,quality wine psr, and trade with third countries.
2. It shall apply to the following products:
CN code Description
a) 2009 60 Grape juice (incluiding grape must)
2204 30 92 Other grape musts, other than those in fermentation or with fermentation
arrested otherwise than by the addition of alcohol 2204 30 94
2204 30 96
2204 30 98
b) ex 2204 Wine of fresh grapes, including fortified wines; grape must other than that
of heading 2009, excluding other grape must of subheadings 2204 30 92,
2204 30 94, 2204 30 96 and 2204 30 98
c) 0806 10 93 Fresh grapes other than table grapes
0806 10 95
0806 10 97
2209 00 11 Wine vinegar
2209 00 19
d) 2206 00 10 Piquette
2307 00 11 Wine lees
2307 00 19
2308 90 11 Grape marc
2308 90 19
3. Definitions of the terms used in this Regulation for products shall
be set out in Annex I, terms concerning alcoholic strengths in Annex IIand wine-growing zones in Annex III. Detailed rules for theimplementation of those Annexes may be adopted in accordance with
the procedure laid down in Article 75.
4. The wine production year for the products covered by this
Regulation (hereinafter referred to as the ‘wine year’) shall begin on1 August each year and end on 31 July of the following year.1999R1493 — EN — 01.01.2001 — 002.001 — 12
(1) OJ L 336, 23.12.1994, p. 86;
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TITLE II
PRODUCTION POTENTIAL
CHAPTER I
PLANTING OF VINES
Article 2
1. Planting with vines of wine grape varieties classified pursuant to
Article 19(1) shall be prohibited until 31 July 2010 unless carried outpursuant to:
(a) a new planting right, as referred to in Article 3;
(b) a replanting right, as referred to in Article 4; or
(c) a planting right granted from a reserve, as referred to in Article 5 or
in Article 6(1) in the case of the application of Article 5(8).
Untilthe same date, grafting of wine grape varieties on to varieties other
than wine grape varieties shall also be prohibited.
2. Grapes obtained from areas:
(a) where vines have been planted before 1 September 1998, and
(b) whose production, according to Articles 6(3) or 7(4) of Regulation
(EEC) No 822/87, could only be disposed of by distillation,
may not be used for producing wine which is to be marketed. Products
made from such grapes may be put into circulation only for the purposes
of distillation. However, these products may not be used in the
preparation of alcohol having an actual alcoholic strength by volume of80 % volor l ess.
3. Where a Member State has compiled the inventory of wine
production potentialin accordance with Articl e 16, it may derogate fromparagraph 2 of this Article. Such a derogation shall be granted by 31 July
2002 and shall involve permission being granted for the areas concerned
to produce wine which is to be marketed.
The derogation shall be granted:
(a) where the producer concerned had previously grubbed up other
vines on an equivalent area in terms of pure crop except in caseswhere the grower concerned has received a premium for grubbing-up under Community or national legislation in respect of the area
concerned; and/or
(b) by permitting the use of replanting rights where a producer has
obtained them within a period to be fixed subsequent to the plantingof the area concerned; Member States may also use the newly
created planting rights for this purpose under Article 6(1); and/or
(c) where the Member State can prove (to the satisfaction of the
Commission) that it has unclaimed replanting rights which wouldstill be valid if they had been applied for; such rights may be used
and reallocated to producers for an area equivalent in pure crop; and/
or
(d) where the producer concerned had undertaken to grub up an area
equivalent in terms of pure crop, within a period of three years,
where that area has been entered in the Vineyard Register of the
Member State concerned.
4. Where paragraph 3(a) or (c) is applied, Member States shall
impose an appropriate administrative penalty on the producersconcerned.
5. Paragraph 3(c) may only be used in respect of an area no greater
than the limit of 1,2 % of the area under vines.1999R1493 — EN — 01.01.2001 — 002.001 — 13
▼B
6. Where paragraph 3(b) is applied:
(a) where the grower obtains the rights from a reserve, these may only
be obtained under Article 5(3)(b) and he shall pay 150 % of the pricenormally charged by Member States under that provision, or
(b) where the grower purchases a replanting right, this shall cover the
area concerned, plus 50 %, which latter amount shall be transferredto the reserve or the reserves in accordance with Article 5 or addedto the volume of newly created planting rights in Article 6(1) whereArticle 5(8) is applied.
7. Areas planted with vines of wine grape varieties classified
pursuant to Article 19(1):
(a) planted from 1 September 1998 whose production according to
Articles 6(3) or 7(4) of Regulation (EEC) No 822/87 could only be
disposed of by distillation, or
(b) planted in breach of the prohibition on plantings in paragraph 1,
shall be grubbed up. The expenses of such grubbing up shall be borne by
the producer concerned. Member States shall take the measuresnecessary to ensure that this paragraph is applied.
Article 3
1. Member States may grant new planting rights to producers in
respect of areas:
(a) intended for new planting carried out under measures for land
consolidation or measures concerning compulsory purchases in the
public interest adopted under national legislation,
(b) intended for wine-growing experiments, or
(c) intended for graft nurseries.
Member States may also grant new planting rights in respect of areas
whose wine or vine products are intended solely for the consumption of
the vine grower's family.
2. Member States may also grant new planting rights no later than
31 July 2003 for areas for the production of a quality wine prs or a table
wine described by means of a geographicalindication where it has been
recognised that, owing to its quality, the production of the wine inquestion is far below demand.
3. New planting rights shall be used by the producer to whom they
were granted, in respect of the areas and for the purposes for which they
were granted.
4. New planting rights shall be used before the end of the second
wine year after the one in which they were granted. New planting rightsother than those referred to in paragraph 1 not so used during this period
shall be allocated to a reserve in accordance with Article 5(2)(a).
5. New planting rights other than those referred to in paragraph 1
may only be granted to producers within the quantities set out inArticle 6(1). To this end:
(a) prior to the allocation of the newly created planting rights referred to
in Article 6 to a reserve or reserves, Member States shall ensure thatthe grant of new planting rights does not reduce the volume of thenewly created planting rights in Article 6(1) to a value less thanzero; and
(b) once a Member State has allocated the newly created planting rights
referred to in Article 6 to a reserve or reserves, the subsequent
granting of a new planting right shall mean that a planting right
corresponding to an equal area in terms of pure crop allocated to thereserve or reserves related to the region in question shall beextinguished. Should sufficient planting rights not be available in thereserve or reserves concerned, the grant of new planting rights maynot take place.1999R1493 — EN — 01.01.2001 — 002.001 — 14
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Article 4
1. Replanting rights shall be:
(a) replanting rights granted under paragraph 2; or
(b) similar rights acquired under prior Community or national legisla-
tion.
2. Member States shall grant replanting rights to producers who have
grubbed up an area of vines. Member States may grant replanting rights
to producers who untertake to grub up an area of vines, before the end ofthe third year after which the area was planted. The replanting rightsshall be for an area equivalent in terms of pure crop to that from whichvines have been or are to be grubbed up.
3. Replanting rights shall be exercised on the holding in respect of
which they were granted. Member States may further stipulate that such
replanting rights may be exercised only on the area where the grubbing-
up was carried out.
4. By way of derogation from paragraph 3, replanting rights may be
transferred, in whole or in part, to another holding in the same MemberState where:
(a) part of the holding concerned is transferred to that other holding. In
this case, the right may be used on an area on the latter holding nogreater than the area transferred; or
(b) areas on that other holding are intended for:
(i) the production of quality wines psr or table wines which are
described by means of a geographicalindication, or
(ii) for the cultivation of graft nurseries.
The rights may only be used in respect of the areas and for the purposes
for which they were granted.
Member States shall ensure that the application of these derogations
shall not lead to an overall increase in production potential on theirterritory, in particular when transfers are made from non-irrigated toirrigated areas.
5. Replanting rights acquired under this Regulation shall be used
before the end of the fifth wine year after the end of the one during
which the grubbing-up took place. By way of derogation, this periodmay be extended by Member States to up to eight wine years.Replanting rights not used during this period shall be allocated to areserve pursuant to Article 5(2)(a).
Article 5
1. In order to improve the management of production potential, at a
national and/or regional level, Member States shall create a nationalreserve, and/or as the case may be, regionalreserves, of pl anting rights.
2. The following shall be allocated to the reserve or reserves:
(a) new planting rights, replanting rights and planting rights granted
from the reserve which are not used within the time limits laid down
respectively in Article 3(4), Article 4(5) and paragraph 6 of this
Article;
(b) replanting rights allocated to the reserve by producers who hold such
rights, where necessary in return for a payment from nationalfunds,the amount of which, and any other detailof which, shal lbe
determined by the Member States taking into account the legitimate
interests of the parties;
(c) newly created planting rights, as referred to in Article 6.
3. Member States may grant the rights allocated to the reserve:
(a) without payment, to producers who are under 40 years of age, who
possess adequate occupationalskil land competence, who are settingup for the first time on a wine-producing holding and who areestablished as the head of the holding; or1999R1493 — EN — 01.01.2001 — 002.001 — 15
▼B
(b) against payment into nationaland, if appropriate, regionalfunds, to
producers who intend to use the rights to plant vineyards whoseproduction has an assured outlet. The Member States shall define the
criteria for setting the amounts of the payment which may vary
depending on the finalintended product of the vineyards concerned.
4. Member States shall ensure that the location where planting rights
granted from a reserve are used, the varieties used and the cultivationtechniques used guarantee that the subsequent production is adapted tomarket demand and that the yields concerned are typical of the average
in the region where such rights are used, in particular, where planting
rights originating in non-irrigated areas are used in irrigated areas.
5. Planting rights allocated to a reserve may be granted from it no
later than the end of the fifth wine year following the one during whichthey were allocated to it. Planting rights not granted by that time shall beextinguished.
6. Planting rights granted from a reserve shall be used before the end
of the second wine year after the one in which they were granted.
Planting rights granted from a reserve not so used during this periodshall be allocated to a reserve under paragraph 2(a).
7. When a Member State creates regionalreserves, it may l ay down
rules permitting the transfer of planting rights between regional reserves.If regionaland nationalreserves coexist in the same Member State,
transfers between such transfers may also be permitted.
The transfers referred to in this paragraph may be subject to a reduction
coefficient.
8. By way of derogation fram paragraphs 1 to 7, a competent
authority of a Member State may choose not to implement the reservesystem provided that the Member State can prove that an effectivesystem for managing planting rights exists throughout its territory. That
system may, where necessary, derogate from the relevant provisions of
this Chapter. Where a Member State has such a system, replanting rightsas referred to in the first sentence of Article 4(5) shall be extended byfive wine years. The second sentence of Article 4(5) shall remainapplicable.
Article 6
1. The newly created planting rights, including the new planting
rights granted by the Member States under Article 3(2), shall be
allocated as follows:
(a)Germany: 1 534 ha
Greece: 1 098 ha
Spain: 17 355 ha
France: 13 565 ha
Italy: 12 933 ha
Luxembourg: 18 haAustria: 737 ha
Portugal: 3 760 ha
(b)Community reserve: 17 000 ha.
2. The newly created planting rights may only be allocated to a
reserve or used under Article 2(3)(b) where the Member State has
compiled the inventory of production potential in accordance withArticle 16.
3. The allocation of the newly created planting rights referred to in
paragraph 1 to a reserve or their use under Article 2(3)(b) may only takeplace once.1999R1493 — EN — 01.01.2001 — 002.001 — 16
▼B
Article 7
1. The following definitions shall apply to this Chapter:
(a)grubbing-up means the complete elimination of all vine stocks on a
plot planted with vines;
(b)planting means the definitive establishment of vine plants or parts of
vine plants, whether or not grafted, with a view to producing grapesor to establishing a graft nursery;
(c)planting rights means the right to plant vines under a new planting
right, a replanting right, a planting right granted from a reserve or anewly created planting right in accordance with the conditions laiddown respectively in Articles 3, 4, 5 and 6;
(d)replanting right means the right to plant vines for an area equivalent
in terms of pure crop to that from which vines have been grubbed upor are to be grubbet up in accordance with the conditions laid down
in Article 4 and Article 5(8);
(e)grafting-on (surgreffage) means the grafting of a vine which has
already been the subject of a previous grafting.
2. Detailed rules for the application of this Chapter shall be adopted
in accordance with the procedure laid down in Article 75.
These rules may in particular include:
— the provisions governing the distillation of the products referred to in
Article 2(7),
— provisions to avoid excessive administrative charges when applying
the provisions of this Chapter,
— recognition referred to in Article 3(2)— the coexistence of vines pursuant to Article 4(2),— the application of the reduction coefficient referred to in Article 5(7),— the operation of the Community reserve referred to in Article 6(1). In
particular the rules may provide in the period up to 31 December2003 for the allocation of newly created planting rights from the
Community reserve to Member States for use in regions where it can
be shown that there is additionalneed which coul d be met by theallocation of those newly created planting rights,
— provisions to ensure that the new planting rights granted in
accordance with Article 3(1) do not undermine the ban on newplantings in Article 2(1).
3. By 31 December 2003, and at three-yearly intervals from the date,
the Commission shall submit a report to the European Parliament and
the Councilon the operation of this Chapter. The report may be
accompanied, if appropriate, by proposals for the grant of further newlycreated planting rights.
CHAPTER II
ABANDONMENT PREMIUMS
Article 8
1. A premium may be granted in return for the permanent
abandonment of vine-growing on a particular area.
The premium may be granted, subject to the provisions of this Chapter,
to producers of cultivated vine-growing areas for the production of winegrapes. The area concerned shall not be less than 10 acres.
2. Member States may designate in which areas, if any, the premium
may the granted. They may also subject the designation to conditions,including those intended to ensure a balance between production andecology in the regions concerned.
3. The grant of the premium shall cause the producer to forfeit any
replanting rights in respect of the area for which the premium is granted.1999R1493 — EN — 01.01.2001 — 002.001 — 17
▼B
4. Member States shall fix the level of the premium per hectare,
taking into account:
(a) the agricultural yield or production capacity of the holding,
(b) the method of production,
(c) the area concerned in comparison with the area of the holding,
(d) the type of wine produced,
e) the existence of associated cultivation.
5. The level of the premium shall not exceed levels to be laid down.
Article 9
The following shall not qualify for the premium:
(a) cultivated wine-growing areas in respect of which infringements of
Community or nationalprovisions regarding pl anting have beenrecorded during a period to be determined which shall not exceed 10
wine years;
(b) wine-growing areas which are no longer tended;
(c) wine-growing areas which were planted during a period to be
determined which shall not exceed to wine years;
(d) wine-growing areas which have received financing for their
restructuring and conversion during a period to be determinedwhich shall not exceed to wine years.
Article 10
Detailed rules for the application of this Chapter shall be adopted in
accordance with the procedure laid down in Article 75.
These rules may in particular include:
(a) the dates for the submission of applications and for the execution of
grubbing-up;
(b) conditions for the grant of payments;
(c) the maximum levels of the premium referred to in Article 8(5);
(d) environmentalconsiderations;
(e) laying down the periods referred to in Article 9.
CHAPTER III
RESTRUCTURING AND CONVERSION
Article 11
1. A system for the restructuring and conversion of vineyards is
hereby established.
2. The objective of the system shall be the adaptation of production to
market demand.
3. The system shall cover one or more of the following measures:
(a) varietalconversion, incl uding by means of grafting-on;
(b) relocation of vineyards;
(c) improvements to vineyard management techniques related to the
objective of the system.
The system shall not cover the normal renewal of vineyards which have
come to the end of their naturall ife.
4. Only in those regions of a Member State in respect of which the
Member State has compiled the inventory of production potential inaccordance with Article 16 shall there be access to the system.1999R1493 — EN — 01.01.2001 — 002.001 — 18
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Article 12
Member States shall be responsible for restructuring and conversion
plans, including, where appropriate, the approval of plans. Plans shallcomply with the rules laid down in this Chapter and implementinglegislation.
Article 13
1. Support for restructuring and conversion shall only be granted in
relation to plans which have been drawn up and, where necessary,approved by Member States. Support shall take the following forms:
(a) compensation of producers for the loss of revenue due to
implementation of the plan, and
(b) contribution to the costs of restructuring and conversion.
2. The compensation of producers for loss of revenue may take either
of the following forms:
(a) permission for the coexistence of both old and new vines for a fixed
period which shall not exceed three years, notwithstanding theprovisions of Chapter I of this Title; or
(b) financialcompensation, which shal lbe funded by the Community.
3. The Community contribution to the costs of restructuring and
conversion shall not exceed 50 % of those costs. However, in regionsclassified as Objective 1 in accordance with Council Regulation (EC)No 1260/1999 of 21 June 1999 laying down general provisions on the
StructuralFunds (
1), the Community contribution shall not exceed 75 %.
Without prejudice to Article 14(4), Member States may not contribute tothe cost in either case.
Article 14
1. The Commission shall make initial allocations to Member States
per year on the basis of objective criteria taking into account particular
situations and needs, and efforts to be undertaken in the light of the
objective of the scheme.
2. Initial allocations shall be adapted in view of real expenditure and
on the basis of revised expenditure forecasts submitted by the MemberStates taking into account the objetive of the scheme and subject tofunds available.
3. Financial allocation between Member State shall take due account
of the proportion of the Community vineyard area in the Member Stateconcerned.
4. Where a financial allocation in respect of a certain number of
hectares has been made to a Member State, that Member State may usethat financial allocation in respect of a greater number of hectares thanthat allocated. In this context, the Member State may use national funds
to increase the reduced amount per hectare up to the level of the original
ceiling per hectare of the Community allocation.
Article 15
Detailed rules for the implementation of this Chapter shall be adopted
according to the procedure laid down in Article 75.
These rules may in particular include:
(a) a minimum size for the vineyard concerned;
(b) provisions governing the use of replanting rights arising from the
implementation of plans;
(c) provisions aiming to prevent an increase in production potential
arising out of this Chapter;1999R1493 — EN — 01.01.2001 — 002.001 — 19
(1) OJ L 161, 26.6.1999, p. 1.
▼B
(d) maximum amounts of support per hectare.
CHAPTER IV
INFORMATION AND GENERAL PROVISIONS
Article 16
1. The inventory of production potential shall contain the following
information:
(a) the areas under vines classified as varieties for the production of
wine pursuant to Article 19(1) on the territory of the Member Stateconcerned:
(b) the varieties concerned;
(c) the totalstock of existing pl anting rights;
(d) any nationalor regionalprovisions adopted pursuant to this Titl e.
2. A Member State may provide that the inventory may be drawn up
on a regionalbasis. However, in this case, al lregionalinventories shal lbe drawn up by 31 December 2001. In accordance with the provisions of
this Regulation, failure by a region to draw up the inventory shall not
prevent the application of this Title in other regions of that MemberState.
Article 17
1. The Commission may assess:
(a) the production of wine-sector products;
(b) the industrialuse of these products;
(c) the consumption trends for wine and other wine-sector products
which are consumable without further processing;
(d) any other factor which needs to be known for the purposes of
managing the market or a system for adjusting supply.
2. When making these assessments, the Commission may use
externalassistance.
3. The Commission shall fund an independent study on the use of
interspecific varieties. On the basis of this study it shall present by
31 December 2003 a report to the European Parliament and the Councilaccompanied, if appropriate, by proposals.
Article 18
1. Producers of grapes for wine-making and producers of must and
wine shall declare each year the quantities produced from the lastharvest. Member States may also require merchants of grapes for wine-making to declare each year the quantities marketed from the lastharvest.
2. Producers of must and wine, and merchants other than retailers,
shall declare each year their stocks of must and wine, whether from the
current year's harvest or from the harvest of preceding years. Must and
wine imported from third countries shall be stated separately.
Article 19
1. Member States shall classify vine varieties for the production of
wine. All classified varieties shall belong to the specifies Vitis vinifera
or come from a cross between this species and other species of the genus
Vitis. The following varieties may not be included in the classification:
— Noah
— Othello
— Isabelle
— Jacquez— Clinton
— Herbemont.1999R1493 — EN — 01.01.2001 — 002.001 — 20
▼B
2. In their classification, Member States shall indicate the vine
varieties suitable for the production of each of the quality wines psrproduced in their territory. These varieties shall be of the species Vitis
vinifera .
3. Only those vine varieties which are shown in the classification may
be planted, replanted or grafted within the Community for the purpose of
wine production. This restriction shall not apply to vines used forscientific research and experiments.
4. Areas planted with vine varieties for the purpose of wine
production not entered in the classification shall be grubbed up, savewhere the production of those areas is intended exclusively for theconsumption of the wine producer' family. Member States shall take themeasures necessary to monitor this exception.
5. Where varieties are deleted from the classification, grubbing-up
shall take place within 15 years of their deletion.
Article 20
The rules governing the Community vineyard register shall be those set
out in Regulation (EEC) No 2392/86.
Article 21
Chapters I and II of this Title shall not apply in Member States where
wine production does not exceed 25 000 hectolitres per wine year. Thisproduction shall be calculated on the basis of the average productionduring the last five wine years.
Article 22
Member States may adopt more restrictive nationalrul es in respect of
the new planting or replanting of vines or grafting-on. They may requirethat the applications and information provided for in this Title besupplemented by other information necessary for monitoring thedevelopment of production potential.
Article 23
1. Detailed rules for the application of this Chapter shall be adopted
in accordance with the procedure laid down in Article 75.
They may in particular deal with:
(a) the format and level of detail of the information required for the
inventory referred to in Article 16;
(b) the management of the classification of vine varieties referred to in
Article 19;
(c) the destination of products from grape varieties which do not figure
in this classification.
2. Provisions for an accompanying document for vine vegetative
multiplication materials and detailed rules for its application, includingthose concerned with control, may be adopted in accordance with theprocedure laid down in Article 75.
3. Regulation (EEC) No 2392/86 may be amended or repealed in
accordance with the procedure laid down in Article 75.
4. In accordance with the procedure laid down in Article 75, it shall
be decided whether a Member State has compiled the inventory referredto in Article 16, and whether that decision should be revoked inappropriate circumstances, including where the Member State has failedto update the inventory as necessary.1999R1493 — EN — 01.01.2001 — 002.001 — 21
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TITLE III
MARKET MECHANISMS
CHAPTER I
PRIVATE STORAGE AID
Article 24
1. Aid shall be granted to producers for the private storage of:
(a) table wine;
(b) grape must, concentrated grape must and rectified concentrated
grape must.
2. The aid shall be granted subject to the conclusion with intervention
agencies, between 16 December and 15 February of the following yearand on conditions to be determined, of a long-term storage contract.
3. Long-term storage contracts shall be concluded for a period which
ends:
(a) at the earliest, for table wines, on 1 September following the date of
conclusion, and for grape musts, concentrated grape musts and
rectified concentrated grape musts, on 1 August following the dateof conclusion;
(b) at the latest, on 30 November following the date of conclusion.
Article 25
1. The conclusion of storage contracts shall be subject to conditions
relating in particular to the quality of the products in question.
2. For table wines, storage contracts shall contain provisions for the
termination of aid payments and of the producer's corresponding
obligations in respect of all or part of the quantities stored if market
prices for the type of table wine concerned rise above a level to be fixed.
3. The amount of private storage aid may cover only technical
storage costs and interest charges, both of which shall be fixed at astandard rate.
4. For concentrated grape musts, this amounts may be adjusted by a
coefficient corresponding to the degree of concentration.
Article 26
1. Detailed rules for the application of this Chapter shall be adopted
in accordance with the procedure laid down in Article 75.
These rules may in particular provide:
— for the fixing of the level, rate and coefficient referred to in
Article 25,
— that long-term storage contracts for table wine may only be
concluded for specific table wines,
— that grape musts which are the subject of a long-term storage
contract may be converted, wholly or partially, into concentratedgrape must or rectified concentrated grape must during the period ofthe contract,
— for rules concerning the application of the provision for the
termination of aid payments as referred to in Article 25(2),
— that grape musts and concentrated grape musts intended for the
manufacture of grape juice may not be the subject of a long-termstorage contract,
— for the effective duration of contracts.
2. Under the procedure laid down in Article 75, it may be provided:
— that the private storage aid scheme shall not be applied if it is
apparent from the market situation that the scheme is not justified,1999R1493 — EN — 01.01.2001 — 002.001 — 22
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— that the possibility of concluding further long-term storage contracts
may be suspended at any time if this is justified by the marketsituation and in particular the rate at which contracts have already
been concluded.
CHAPTER II
DISTILLATION
Article 27
1. The overpressing of grapes, whether or not crushed, and the
pressing of wine lees shall be prohibited. The refermentation of grapemarc for purposes other than distillation shall be prohibited.
2. Filtering and centrifuging of wine lees shall not be considered as
pressing where:
(a) the products obtained are of sound, genuine and merchantable
quality,
(b) the lees are not reduced to the dry state.
3. Any naturalor l egalperson or group of persons, with the exception
of the persons and groups referred to in paragraph 7, having made wine,shall be required to deliver for distillation all the by-products of thatwinemaking.
4. The quantity of alcohol contained in the by-products must be at
least equal to 10 % in relation to the volume of alcohol contained in the
wine produced if the wine has been made directly from grapes. Save in
the case of derogations for technically justified cases, it may not be lessthan 5 % where the wine has been made by vinification of grape musts,partially fermented grape musts or new wines in fermentation. Shouldthe relevant percentage not be reached, those subject to the obligationshall deliver a quantity of wine from their own production, thus ensuring
attainment of that percentage.
Derogations may be made from paragraph 3 and the first subparagraph
of this paragraph for categories of producers to be determined, for
certain production regions and for wines subject to the distillationreferred to in Article 28.
5. The delivery obligation set out in paragraph 3 may instead be
satisfied by delivery of wine to a vinegar manufacturer.
6. Any naturalor l egalpersons or groups of persons, with the
exception of the persons and groups referred to in paragraph 7, who holdby-products of any processing of grapes other than vinification shall berequired to deliver them for distillation.
7. Any naturalor l egalpersons or groups of persons who process
grapes harvested in wine-growing zone A or in the German part of wine-growing zone B, or on areas planted with vines in Austria shall berequired to withdraw the by-products of such processing under
supervision and subject to conditions to be determined.
8. Those subject to the obligations referred to in paragraph 3 or to
that referred to in paragraph 6 may discharge that obligation by the
withdrawalof the by-products of vinification under supervision and
subject to conditions to be determined.
9. The buying-in price of grape marc, wine lees and of wine delivered
for distillation under this Article shall be EUR 0,995 per % vol/h.
10. The price paid by the distiller may not be lower than the buying-
in price.
11. The distiller may either:
(a) receive aid in respect of the product to be distilled, provided that the
product obtained by distillation has an alcoholic strength of at least52 % vol; or1999R1493 — EN — 01.01.2001 — 002.001 — 23
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(b) deliver the product obtained by distillation to the intervention
agency; provided that it has an alcoholic strength of at least 92 %vol.
If wine has been processed into wine fortified for distillation before
delivery to the distiller, the aid referred to in (a) shall be paid to themanufacturer of the fortified wine and the product of the distillation may
not be delivered to the intervention agency.
12. It may be decided that delivery of the alcohol to the intervention
agency may be replaced by delivery to an operator who has submitted atender in the framework of sales organised for the disposal of the
products of distillation which has been accepted under the procedure
referred to in Article 31(1).
13. Paragraphs 1 to 12 shall not apply to grape juice or concentrated
grape juice or grape must or concentrated grape must intended for the
preparation of grape juice.
Article 28
1. Where wine is produced from a grape variety listed in the
classification for the same administrative unit as both a wine grape
variety and a variety for use for another purpose, any wine which isproduced in excess of the normalquantity and which is not exportedduring the wine year concerned shall be distilled by a date to bedetermined. Except by derogation, it may not be moved except to adistillery.
2. The quantity of wine normally produced shall be determined from:
(a) the quantities produced during a reference period to be determined;
(b) the quantities of wine put to traditionaluses.
3. The buying-in price of wine delivered for distillation under this
Article shall be EUR 1,34 per % vol; it may vary during a given wineyear provided that the average for that wine year remains EUR 1,34 per% vol.
4. The price paid by the distiller may not be lower than the buying-in
price.
5. The distiller may either:
(a) receive aid in respect of the product to be distilled, provided that the
product obtained by distillation has an alcoholic strength of at least52 % vol; or
(b) deliver the product obtained by distillation to the intervention
agency, provided that it has an alcoholic strength of at least 92 %
vol.
If wine has been processed into wine fortified for distillation before
delivery to the distiller, the aid referred to in (a) shall be paid to themanufacturer of the fortified wine and the product of the distillation may
not be delivered to the intervention agency.
6. It may be decided that delivery of the alcohol to the intervention
agency may be replaced by delivery to an operator who has submitted atender in the framework of sales organised for the disposal of the
products of distillation which has been accepted under the procedure
referred to in Article 31(1).
7. This Article shall apply notwithstanding Article 1(2).
Article 29
1. The Community may provide support for the distillation of table
wines and wines suitable for yielding table wines in order to support thewine market and, as a consequence, facilitate the continuation of
supplies of wine distillate to those parts of the potable alcohol sector,
where the use of such alcohol is traditional.
2. The support shall take the form of a primary aid and a secondary
aid paid to distillers.1999R1493 — EN — 01.01.2001 — 002.001 — 24
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3. The primary aid shall be paid on the basis of the volume of table
wine and wine suitable for yielding table wine which is destilled.
4. The primary aid shall be implemented on the basis of a system of
contracts concluded between distillers and wine producers. A minimum
price to be paid by distillers to wine producers shall be determined; itmay vary during a given wine year provided that the average for thatwine year remains at least EUR 2,488 per % vol.
5. The level of primary aid shall reflect:
(a) the need for the average minimum price to be paid by distillers to
wine producers in a given wine year to respect the level referred to
in paragraph 4;
(b) the need to maintain supplies to traditional outlets in the potable
alcohol sector at competitive prices.
6. The secondary aid shall take the form of a payment to cover
reasonable storage costs of the resultant product. It shall serve tofacilitate the operation of the primary aid system.
Article 30
1. There may be a crisis distillation measure if there is an exceptional
case of market disturbance caused by serious surpluses and/or problems
of quality.
2. The measure shall have as its objectives:the elimination of specific
pockets of surplus;
(a) the elimination of specific pockets of surplus;
(b) the assurance of supply continuity from one harvest to another.
3. The measure shall be voluntary on the part of producers.4. The measure may be limited to certain categories of wine or
certain areas of production. The measure may be applied to quality winepsr only at the request of the Member State concerned.
5. A criterion for introducing the measure may be a demonstrable
deterioration, over time, in the market price for a category of wine or for
wines from certain areas of production.
6. Should the Community use this measure for three years in
succession, for a particular type of wine (in a particular area), theCommission shall draw up a report to the European Parliament and theCouncil on the persistent crisis including, if appropriate, proposals.
Article 31
1. Alcohol taken over by the intervention agency shall be disposed of
either by public auction or by a tendering process. When disposing ofsuch alcohol, as far as possible, the authorities shall avoid affecting themarket outlets for alcohol traditionally dependent on the existence ofsuch outlets. It may not be disposed of into the sector of alcohol destinedfor comestible use.
2. However, it may be decided that if the supply of the part of that
sector where the use of wine alcohol is compulsory is not assured bymeans of the operation of Articles 27, 28 and 29, such alcohol may bedisposed of into that sector.
Article 32
1. For the wines made by producers who have increased the alcoholic
strength by adding sucrose or must having benefited from the aid
referred to in Article 34, the buying-in price fixed for each distillation,
with the exception of that referred to in Article 27, shall be reducedwithin each wine-growing area by a similar flat-rate amount calculatedon the basis of the level of the aid referred to in Article 34 and theincrease in the alcoholic strength prescribed for the wine-growing areaconcerned.1999R1493 — EN — 01.01.2001 — 002.001 — 25
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2. At the request of the producer concerned, the reduction shall apply
only within the limits of the quantities subject to the increased alcoholicstrength referred to in paragraph 1.
Article 33
1. Detailed rules for the application of this Chapter shall be adopted
in accordance with the procedure laid down in Article 75.
These rules may in particular include:
(a) the derogations referred to in this Chapter;
(b) in respect of Articles 27 and 28, the conditions under which
distillation is to be carried out, the assessment of the volume ofalcohol contained in the wine produced, the conditions under whichproducts may be delivered to the intervention agency, and the
buying-in prices of the products of distillation which can be taken
over by the intervention agencies or the criteria for fixing theseprices;
(c) the minimums standards to be met by marc and lees;
(d) the conditions under which withdrawalunder supervision as referred
to in Article 27(7) may be carried out;
(e) the quantities of wine normally produced as mentioned in
Article 28(2);
(f) the detailed mechanism for applying the measure referred to in
Article 30, including the products covered by it, and the flow of theproducts of the products of distillation in particular to avoid anydisturbance of the market in alcohol and spirituous beverages;
(g) the provision for the modulation of the buying-in price referred to in
Article 28(3);
(h) the determination of the minimum price referred to in Article 29(4).
2. The amount of the aids referred to in Articles 27 and 28 which will
enable the products obtained to be disposed of, the amount of the aids
referred to in Article 29 and rules defining the circumstances which maylead to a triggering of the measure referred to in Article 30 and the leveland form of the Community financialsupport for that measure shal lbeset by the procedure laid down in Article 75.
CHAPTER III
AIDS FOR SPECIFIC USES
Article 34
1. Aid is hereby established for the use of:
(a) concentrated grape musts;
(b) rectified concentrated grape musts,
produced in the Community, when they are used in order to increase
alcoholic strengths of the wine products for which such increases areauthorised within the meaning of this Regulation.
2. The grant of aid may be reserved for products coming from wine-
growing zone C III if the trade patterns in must and coupage wines
cannot be guaranteed without this measure.
3. The amount of aid shall be fixed in euro per % vol potential
alcoholic strength and per hectolitre of concentrated grape must orrectified concentrated grape must, taking into account the differencebetween the cost of enrichment by means of these products and bymeans of sucrose.1999R1493 — EN — 01.01.2001 — 002.001 — 26
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Article 35
1. Aid is hereby established for the use of:
(a) grape musts and concentrated grape musts produced within the
Community for the purpose of manufacturing grape juice ormanufacturing other comestible products from such grape juice;
(b) grape musts and concentrated grape musts produced in zone C III for
the purpose of manufacturing, in the United Kingdom and in Ireland,products falling within CN code 2206 00 in respect of which,pursuant to Annex VII, paragraph 2 of point C, the use of a
composite name including the word ‘wine’ may be allowed by these
Member States;
(c) concentrated grape musts produced within the Community as the
main element in a set of products marketed in the United Kingdom
and Ireland with clear instructions for the consumer to obtain from ita beverage in imitation of wine (home-made wine).
2. By way of derogation from paragraph 1(b), where the geographical
restriction related to the production of grape musts and concentrated
grape musts referred to in that point gives rise to distortion of
competition, it may be decided to extend the granting of the aid to grapemusts and concentrated grape musts produced in regions of theCommunity other than zone C III:
3. The aids referred to in paragraph 1 shall be reserved for the use of
products coming from vine varieties which are classified exclusively as
wine grapes or as both a wine grape variety and variety for use foranother purpose and may equally be granted to grapes of Communityorigin coming from the same varieties.
4. The amounts of aid must be fixed so that the supply costs for grape
musts and concentrated grape musts originating in the Community aresuch that they may maintain their traditionalmarket outl ets.
Article 36
Detailed rules for the application of this Chapter shall be adopted in
accordance with the procedure laid down in Article 75.
These rules shall in particular include:
(a) the conditions for granting the aid referred to in Article 34(1);
(b) the measures necessary to ensure controlof the use of the products
referred to in Article 35(1);
(c) the amount of the aid referred to in Articles 34 and 35, which shall
be fixed before the start of each wine year;
(d) the decision referred to in Article 35(2).
CHAPTER IV
GENERAL PROVISIONS
Article 37
Producers subject to the obligations referred to in Articles 27 and 28
shall be entitled to benefit from intervention measures under this Titleprovided that they have complied with the above obligations for areference period to be determined. That period, and the detailed rules forthe implementation of this Article, shall be adopted in accordance withthe procedure laid down in Article 75.
Article 38
1. Where excessively high prices for a type of wine are recorded on
the Community market and the situation is likely to continue, therebydisturbing that market, the necessary measures may be taken by theCommission.1999R1493 — EN — 01.01.2001 — 002.001 — 27
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2. To the extent necessary to support the market in table wines,
interventions measures may be adopted in respect of the products listedin Article 1(2)(b) other than table wine in accordance with the procedure
laid down in Article 75.
TITLE IV
PRODUCER ORGANISATIONS AND SECTORAL ORGANISA-
TIONS
CHAPTER I
PRODUCER ORGANISATIONS
Article 39
1. ‘Producer organisation’, if recognised under this Regulation,
means any legal entity:
(a) which is formed on the own initiative of producers of products
covered by this Regulation;
(b) which has in particular the aim of:
(i) ensuring that production is planned and adjusted to demand,
particularly in terms of quality and quantity;
(ii) promoting concentration of supply and the placing on the
market of the products produced by its members;
(iii) reducing production costs and stabilising producer prices;
(iv) promoting the use of environmentally sound cultivation
practices, production techniques and waste-management prac-tices in particular to protect the quality of water, soil andlandscape and preserve and/or encourage biodiversity.
2. Producer organisations recognised under this Regulation shall be
required to be able to impose appropriate penalties on their members forinfringement of obligations under the rules of association
3. Member States may recognise as producer organisations for the
purposes of this Regulation, all producer groups applying for such
recognition, on condition that:
(a) they meet the requirements laid down in paragraphs 1 and 2 and
provide the relevant evidence, including proof that they have aminimum number of members and cover a minimum volume ofmarketable production;
(b) there is sufficient evidence that they can carry out their activities
properly, both over time and in terms of effectiveness;
(c) they effectively enable their members to obtain technical assistance
in using environmentally sound cultivation practices.
Article 40
1. Member States shall:
(a) decide whether to grant recognition to a producer organisation
within three months of the lodging of an application with allsupporting documents;
(b) carry out checks at regular intervals to ascertain that producer
organisations comply with the terms and conditions for recognition,
impose in the event of non-compliance the penalties to apply to such
organisations and decide, where necessary, to withdraw recognition;
(c) notify the Commission, within two months, of every decision to
grant or withdraw recognition.
2. The Commission shall check that Article 39 and paragraph 1(b) of
this Article are complied with by carrying out checks and in the light ofsuch checks shall, where appropriate, call on Member States to withdrawrecognition.1999R1493 — EN — 01.01.2001 — 002.001 — 28
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CHAPTER II
SECTORAL ORGANISATIONS
Article 41
1. In order to improve the operation of the market in quality wines psr
and table wines described by means of a geographical indication,producer Member States, particularly in implementing decisions takenby sectoral organisations, may lay down marketing rules to regulatesupply on first marketing, provided that such rules relate to the retention
and/or gradual release of produce, to the exclusion of any other
concerted practice such as:
— price fixing, even for guidance or by way of recommendation,
— rendering unavailable an excessive proportion of the vintage that
would normally be available and, in general, any abnormal operationto curtailsuppl y,
— refusing to issue the nationaland/or Community attestations needed
for the circulation and marketing of wine products where such
marketing is in accordance with those rules.
2. The rules referred to in paragraph 1 must be brought to the
attention of operators, in extenso , by publication in an official
publication of the Member State concerned.
3. Every year Member States which have availed themselves of the
possibilities offered by paragraph 1 shall report to the Commission on
decisions adopted the previous year by virtue of those possibilities. The
Commission shall examine whether they comply with Community law,in particular the rules on free movement (Articles 28 to 31 of theTreaty), and competition (Articles 81 to 86 of the Treaty) and theprinciple of non-discrimination (Article 34(3) of the Treaty).
4. The organisations referred to in paragraph 1 shall carry out several
of the following measures in one or more regions of the Community,
taking account of the interests of consumers:
(i) improving knowledge and the transparency of production and the
market;
(ii) helping to coordinate better the way products are placed on the
market, in particular by means of research and market studies;
(iii) drawing up standard forms of contract compatible with Commu-
nity rules;
(iv) exploiting more fully the potential of production;
(v) providing the information and carrying out the research necessary
to adjust production towards products more suited to market
requirements and consumer tastes and expectations, in particular
with regard to product quality and protection of the environment;
(vi) seeking ways of restricting the use of plant-health products and
other inputs and ensuring product quality and soil and waterconservation;
(vii) developing methods and instruments for improving product
quality at all stages of production, vinification and marketing:
(viii) exploiting the potential of and protecting organic farming as well
as designations of origin, quality labels and geographicalindications;
(ix) promoting, in particular, integrated production or other envir-
onmentally sound production methods.1999R1493 — EN — 01.01.2001 — 002.001 — 29
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TITLE V
OENOLOGICAL PRACTICES AND PROCESSES, DESCRIP-
TION, DESIGNATION, PRESENTATION AND PROTECTION
CHAPTER I
OENOLOGICAL PRACTICES AND PROCESSES
Article 42
1. Authorised Community oenological practices and processes are
established for the production of the products covered by this Regulationother than grape juice and concentrated grape juice and grape must andconcentrated grape must intended for the preparation of grape juice.
2. Authorised oenological practices and processes may only be used
for the purposes of ensuring proper vinification, proper preservation or aproper refinement of the product.
3. Authorised oenological practices and processes shall exclude the
addition of water, except where required by specific technicalnecessity,as well as the addition of alcohol, except for fresh grape must with
fermentation arrested by the addition of alcohol, liqueur wine, sparkling
wine, wine fortified for distillation and, in conditions to be determined,semi-sparkling wine.
4. Member States may, in respect of oenological practices and
processes, impose stricter conditions to ensure the preservation of theessential characteristics of quality wines psr, table wines which aredescribed by a geographicalindication and are produced in theirterritory, sparkling wines and liqueur wines. They shall communicate
these conditions to the Commission, which shall bring them to the
attention of the other Member States.
5. Except where otherwise decided, only grapes belonging to
varieties listed in the classification established in accordance withArticle 19 as wine grape varieties, or products derived therefrom, maybe used in the Community for the manufacture of:
(a) grape must with fermentation arrested by the addition of alcohol;
(b) concentrated grape must;
(c) rectified concentrated grape must;
(d) wine suitable for yielding table wine;
(e) table wine;
(f) quality wines psr;
(g) liqueur wine;(h) grape must in fermentation, extracted from raisined grapes;
(i) wine from over-ripened grapes.
6. Coupage of a wine suitable for yielding a white table wine or of a
white table wine with a wine suitable for yielding a red table wine orwith a red table wine may not yield a table wine.
However, this provision shall not prevent, in certain cases to be
determined, such a coupage as referred to in the first subparagraph,provided that the resultant product has the characteristics of a red table
wine.
By way of derogation from the first subparagraph, such a coupage shall
be permitted until31 Jul y 2005, in areas where such a practice was
traditional, in accordance with detailed rules to be laid down.
Article 43
1. The authorised oenological practices and processes are set out in
Annex IV and Annex V.1999R1493 — EN — 01.01.2001 — 002.001 — 30
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2. In particular:
— authorised oenological practices and processes concerning enrich-
ment, acidification, deacidification and sweetening, and rulesconcerning sulphur dioxide content and maximum volatile acidcontent, are set out in Annex V, points A to G,
— authorised oenological practices and processes and rules concerning
the production of sparkling wine and quality sparkling wine are set
out in points H and I of Annex V,
— authorised oenological practices and processes and rules concerning
the production of liqueur wine are set out in point J of Annex V.
Article 44
1. Of the products falling within CN codes 2204 10, 2204 21 and
2204 29, only liqueur wines, sparkling wines, aerated sparkling wines,semi-sparkling wines, aerated semi-sparkling wines, quality wines psr,table wines and where appropriate, notwithstanding Article 45, legallyimported wines may be offered or delivered for direct humanconsumption within the Community.
2. Except for bottled wine in respect of which there is evidence that
bottling was performed prior to 1 September 1971, wine other thanquality wine psr obtained from the vine varieties referred to inArticle 42(5) but not corresponding to the definitions contained in
items 12 to 18 of Annex I may be used only for consumption by
individualwine-producers' famil ies, for the production of wine vinegaror for distillation.
3. In years when climatic conditions have been unfavourable, it may
be decided that products from wine-growing zones A and B which do
not possess the minimum natural alcoholic strength by volume laid
down for the wine-growing zone in question may be used in theCommunity for the production of sparkling wine and aerated sparklingwine, provided that such wines have an actual alcholic strength byvolume of not less than 8,5 % vol, or for the production of aerated semi-sparkling wine. In that event, they shall be enriched subject to the limits
referred to in paragraph 5 of point D of Annex V.
4. Without prejudice to any more restrictive provisions which
Member States apply with respect to this preparation in their territoryof products not falling within CN codes 2204 10, 2204 21 and 2204 29,fresh grape must with fermentation arrested by the addition of alcohol
may be used only in the preparation of such products.
5. Grape juice and concentrated grape juice originating in the
Community may not be made into wine or added to wine. Theseproducts shall be subject to control with respect to their use. They may
not undergo alcoholic fermentation in the territory of the Community.
6. The provisions of paragraphs 4 and 5 shall not apply to products
intended for the production, in the United Kingdom and Ireland, ofproducts falling within CN code 2206 00 for which, pursuant toAnnex VII, paragraph 2 of point C, Member States may allow the use of
a composite name including the word ‘wine’.
7. Wine suitable for yielding table wine which does not reach the
minimum actual alcoholic strength by volume for table wines may notbe put into circulation except for the production of sparkling wine,vinegar making, distillation and other industrial uses. The enrichment of
such wine and coupage thereof with a table wine in order to bring its
actual alcoholic strength by volume up to the level laid down for a tablewine may take place only on the premises of the wine-maker or on hisbehalf.
8. With the exception of alcohol, spirits and piquette, neither wine
nor any other beverage intended for direct human consumption may be
made from wine lees or grape marc.
9. Piquette, where its production is authorised by the Member State
concerned, may be used only for distillation or for consumption in thefamilies of individual wine-growers.1999R1493 — EN — 01.01.2001 — 002.001 — 31
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10. Wine fortified for distillation may only be used for distillation.
11. Grape must in fermentation, extracted from raisined grapes, may
be put on the market only for the manufacture of liqueur wines only inthe wine-growing regions where this usage was traditionalon 1 January1985, and wine of overripe grapes.
12. Fresh grapes, grape must, grape must in fermentation, concen-
trated grape must, rectified concentrated grape must, grape must with
fermentation arrested by the additional of alcohol, grape juice andconcentrated grape juice originating in third countries may not be turnedinto wine or added to wine in the territory of the Community.
13. The products referred to in paragraph 12 may not undergo
alcoholic fermentation within the territory of the Community. Thisprovision shall not apply to products intended for the production in theUnited Kingdom and Ireland of products falling within CN code 2206 00for which, pursuant to Annex VII, paragraph 2 of point C, MemberStates may allow the use of a composite name including the word
‘wine’.
14. Coupage of a wine originating in a third country with a
Community wine and coupage in the geographicalterritory of theCommunity between wines originating in third countries shall be
prohibited.
15. The Councilmay derogate from paragraph 12, the first sentence
of paragraph 13 and paragraph 14, in accordance with the internationalobligations of the Community.
Article 45
1. Except by way of derogation, the following products may not be
offered or disposed of for direct human consumption:
(a) products falling within CN codes 2204 30 10, 2204 21, 2204 29 and
2204 10, whether imported or not, which have undergone oenolo-gicalpractices not authorised by Community rul es or, where this ispermitted, by nationalrul es;
(b) products as referred to in Article 1(2)(a), (b) and (c) which are not of
sound and fair merchantable quality;
(c) products as referred to in Article 1(2) which do not comply with the
definitions shown in Annex I.
2. The derogations referred to in paragraph 1 for imported products
shall be adopted in accordance with the procedure laid down in
Article 133 of the Treaty.
Article 46
1. Detailed rules for the application of this Chapter, and Annexes IV
and V, shall be adopted in accordance with the procedure laid down in
Article 75.
These rules shall, in particular, provide for:
(a) in respect of point A of Annex V, transitionalmeasures concerning
wines produced before 1 September 1986 and amendments to thelists of wines in paragraph 2;
(b) in respect of Annexes IV and V, the limits and certain conditions for
the use of the oenological practices and processes referred to inthose Annexes, with the exception of limits and conditions fixed inthose Annexes;
(c) the decisions, exceptions, derogations, conditions and lists referred
to in this Chapter and Annex V;
(d) the application of points C to G of Annex V to products harvested in
Community regions not included within the wine-growing zonesspecified in Annex III;
(e) in respect of point J of Annex V, the lists referred to in
paragraphs 2(b) and 6 thereof, the derogations referred to in1999R1493 — EN — 01.01.2001 — 002.001 — 32
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paragraph 4(b) and the declaration and registration procedure
referred to in paragraph 6.
2. The following rules shall be adopted according to the procedure
laid down in Article 75:
(a) the rules governing the comparison between certain oenological
practices and processes applied in third countries and those referredto in Article 43(1) and Annex IV;
(b) provisions regulating the blending and coupage of musts and wines;
(c) the purity and identification specification of substances used in
oenological practices;
(d) administrative rules for carrying out the oenological practices and
processes authorised; these rules may provide that certain oenolo-gicalpractices and processes may onl y be carried out under thesupervision of a person recognised by the Member State who
possesses sufficient knowledge to guarantee the quality, hygiene and
healthiness of the product;
(e) the conditions governing holding and circulation, the use of products
as referred to in Article 45 or lists of products excepted from therequirements of that Article, and the establishment of criteria for thepurpose of avoiding hardship in individualcases, the conditions
under which Member States may authorise the holding, circulation
and use of products not complying with the provisions of thisRegulation other than those referred to in Article 45(1), or withprovisions adopted pursuant to this Regulation;
(f) the generalrul es for the experimentaluse of otherwise unauthorised
oenological practices and processes.
3. The methods of analysis for determining the composition of the
products covered by this Regulation and the rules whereby it may be
established whether these products have undergone processes contrary to
authorised oenological practices shall be adopted in accordance with theprocedure laid down in Article 75.
Using the same procedure there shall be adopted, if required, maximum
figures for substances whose presence indicates that certain oenologicalpractices have been used, and comparative analysis tables.
However, where no provision is made for Community methods of
analysis or for the rules referred to in the first subparagraph for thedetection and quantification of substances sought in the product inquestion, the methods of analysis to be used shall be:
(a) those recognised by the GeneralAssembl y of the InternationalVine
and Wine Office (IWO) and published by that Office, or
(b) where an appropriate method of analysis does not appear among
those referred to in point (a), a method of analysis complying with
the standards recommended by the InternationalOrganisation forStandardisation (ISO), or
(c) in the absence of either of the methods referred to in points (a) and
(b) and by reason of its accuracy, repeatability and reproducibility:
(i) a method of analysis allowed by the Member State concerned, or
(ii) if necessary, any other appropriate method of analysis.
Automatic methods of analysis used instead of a Community method of
analysis shall be considered equivalent to the Community methods ofanalysis referred to in the first subparagraph, provided it is established,under the procedure laid down in Article 75, that the results obtainedare, as to their accuracy, repeatability and reproducibility, at least equalto the results obtained by the corresponding Community method.1999R1493 — EN — 01.01.2001 — 002.001 — 33
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CHAPTER II
DISCRIPTION, DESIGNATION, PRESENTATION AND PROTECTION
OF CERTAIN PRODUCTS
Article 47
1. Rules relating to the description, designation and presentation of
certain products covered by this Regulation, and the protection of certainparticulars and terms are set out in this Chapter and in Annexes VII andVIII. The rules shall take into account, in particular, the followingobjectives:
(a) the protection of the legitimate interests of consumers;
(b) the protection of the legitimate interests of producers;
(c) the smooth operation of the internalmarket:
(d) the promotion of the production of quality products.
2. The rules mentioned in paragraph 1 shall include, in particular,
provisions:
(a) making the use of certain terms compulsory;
(b) permitting the use of certain terms, subject to conditions;
(c) permitting the use of other terms, including information which may
be usefulfor consumers;
(d) governing protection and controlarrangements for certain terms;
(e) governing the use of geographicalindications and traditionalterms;
(f) governing the labelling of products which are imported or, where
authorised under this Regulation, made from those products, in orderto ensure that the consumers are aware of the nature of the productconcerned and that the latter is not labelled as a Community productor as the product of a Member State.
3. The rules referred to in paragraph 1 shall apply to the description
of the products there indicated:
(a) on labels;
(b) in registers and in the accompanying and other documents
prescribed by Community legilsation, hereinafter called ‘officialdocuments’, other than customs documents;
(c) in commercial documents, particularly in invoices and delivery
notes;
(d) in advertising materialin so far as specialprovision is made for such
purpose in this Regulation.
4. The rules referred to in paragraph 1 shall apply to the presentation
of the products there indicated in respect of:
(a) containers, including the closure;
(b) labelling;
(c) packaging.
5. The rules referred to in paragraph 1 shall apply to products held for
sale and to products put on the market.
Article 48
The description and presentation of the products referred to in this
Regulation, and any form of advertising for such products, must not beincorrect or likely to cause confusion or to mislead the persons to whomthey are addressed, particularly as regards:
— the information provided for in Article 47. This shall apply even if
the information is used in translation or with a reference to the actual
provenance or with additions such as ‘kind’, ‘type’, ‘style’,‘imitation’, ‘brand’ or the like;
— the characteristics of the products, and in particular, their nature,
composition, alcoholic strength by volume, colour, origin or1999R1493 — EN — 01.01.2001 — 002.001 — 34
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provenance, quality, the vine variety, vintage year or nominal
volume of the containers,
— the identity and status of the naturalor l egalpersons or group of
persons who have been or are involved in the production or
distribution of the product in question, in particular the bottler.
Article 49
1. Products whose description or presentation does not conform to the
provisions of this Regulation or the detailed rules adopted for its
implementation may not be held for sale or put on the market in the
Community or exported.
However, in the case of products intended for export, derogations from
the provisions of this Regulation may:
— be authorised by the Member States where the legislation of the
importing third country so requires,
— be provided for in the implementing provisions in cases not covered
by the first indent.
2. The Member State on whose territory the product whose
description or presentation does not conform to the provisions referredto in paragraph 1 is located shall take the necessary steps to imposepenalties in respect of infringements committed, according to their
gravity.
The Member State may, however, grant an authorisation for the product
to be held for sale, put on the market in the Community or exported,provided that its description or presentation is changed to conform to the
provisions referred to in paragraph 1.
Article 50
1. Member States shall take all necessary measures to enable
interested parties to prevent, on the terms set out in Articles 23 and24 of the Agreement on Trade-Related Aspects of Intellectual Property
Rights, the use in the Community of a geographicalindication attached
to the products referred to in Article 1(2)(b) for products not originatingin the place indicated by the geographical indication in question, evenwhere the true origin of the goods is indicated or the geographicalindication is used in translation or accompanied by expressions such as‘kind’, ‘type’, ‘style’, ‘imitation’ or the like.
2. For the purposes of this Article, ‘geographical indications’ is taken
to mean indications which identify a product as originating in theterritory of a third country which is a member of the World TradeOrganisation or in a region or locality within that territory, in cases
where a certain quality, reputation or other given characteristic of the
product may be attributed essentially to that geographical place oforigin.
3. Paragraphs 1 and 2 shall apply notwithstanding other specific
provisions in Community legislation laying down rules for the
designation and presentation of the products covered by this Regulation.
Article 51
1. For the purposes of applying this Title, a ‘geographical unit which
is smaller than the Member State’, shall be taken to mean the name of:
— a small locality or group of such localities,
— a local administrative area or part thereof,— a wine-growing subregion or part thereof,— a region other than a specified region.
2. The use of a geographicalindication to designate tabl e wines
resulting from the coupage of wines from grapes harvested in differentwine-growing areas shall be permitted if at least 85 % of the table wineresulting from the coupage originates in the wine-growing area whosename it bears.1999R1493 — EN — 01.01.2001 — 002.001 — 35
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However, the use, to describe white table wines, of a geographical
indication relating to a wine-growing area situated within wine-growingzone A or wine-growing zone B shall be permitted only if the products
comprising the blend are from the wine-growing zones in question or if
the wine in question is a blend of table wines from wine-growing zone Aand table wines from wine-growing zone B.
3. Member States may make the use of a geographicalindication for
designating a table wine conditional, in particular, on the wine having
been produced wholly from certain clearly specified vine varieties andcoming exclusively from the territory, precisely demarcated, whosename it bears.
Article 52
1. If a Member State uses the name of a specified region to designate
a quality wine psr or, where appropriate, a wine intended for processinginto such a quality wine psr, that name may not be used to designateproducts of the wine sector not produced in that region and/or productsnot designated by the name in accordance with the provisions of the
relevant Community and national rules. This shall also apply if a
Member State has used the name of a local administrative area or partthereof or a small locality solely to designate a quality wine psr or,where appropriate, a wine intended for processing into such a qualitywine psr.
Without prejudice to the Community provisions concerning specific
types of quality wine psr, Member States may, in the case of certainconditions of production which they shall determine, authorise the nameof a specified region to be accompanied by details relating to the methodof manufacture or the type or by the name of a vine variety or a
synonym thereof.
Notwithstanding the first subparagraph, the Council, acting by a
qualified majority on a proposal from the Commission may decide,until 31 August 2001, to allow certain geographical names traditionally
used to designate a table wine and which have become the name of a
given region to continue to be used also to designate table wines for amaximum of three wine years.
2. The following names and terms:
— the name of a vine variety,
— a traditionalspecific term referred to in the fourth sub-indent, second
indent, of point A 2(c) of Annex VII, or in the second indent of
point D 2(c) of Annex VIII, or
— an additionaltraditionalterm referred to in the fifth indent of
point B 1(b) of Annex VII, provided that it is attributed by a MemberState for the description of a wine under Community provisions,
may be used for the description, presentation and advertising of a
beverage other than a wine or grape must only if there is no risk ofconfusion as to the nature, origin or source and composition of suchbeverage.
3. The use of a name or a term as referred to in point 2 or of the
words ‘Hock’, ‘Claret’, ‘Liebfrauenmilch’ and ‘Liebfraumilch’,evenwhen accompanied by a word such as ‘kind’, ‘type’, ‘style’, ‘imitation’or other similar expression, shall be prohibited with respect to thedescription and presentation of:
— an item covered by CN code 2206, except where the item in question
actually comes from the place so designated,
— an item marketed with clear instructions for the consumer to obtain
from it a beverage in imitation of wine (home-made wine); however,
the name of a vine variety may be used if the item in question isactually obtained from such variety unless that name gives rise toconfusion with the name of a specific region or geographically unitused to describe a quality wine psr.
4. The names:
— of a given region,1999R1493 — EN — 01.01.2001 — 002.001 — 36
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— of a geographical unit smaller than the given region, provided that
that name has been attributed by a Member State for the descriptionof a wine by virtue of Community provisions,may only be used for
the description, presentation or advertising of a beverage other than
wine or grape must on condition:
(a) in respect of products covered by CN codes 2009, 2202, 2205, 2206,
2207, 2208 and 2209, and in respect of products made from a raw
materialfor producing wine, that the above names and terms are
recognised in the Member State of origin of the product and that thatrecognition complies with Community law;
(b) in respect of beverages other than those referred to in point (a), that
there is no risk of confusion as to the nature, origin or source andcomposition of such bevarage.
However, even if the recognition referred to in point (a) has not taken
place, those names may continue to be used until 31 December 2000
provided that there is compliance with point (b).
Article 53
1. The detailed rules for the implementation of this Chapter and
Annexes VII and VIII shall be adopted in accordance with the procedure
laid down in Article 75. The rules shall govern in particular the
derogations, conditions and authorisations provided for in thoseAnnexes.
2. The following provisions shall be adopted in accordance with the
procedure laid down in Article 75:
(a) the indications, signs and other marks referred to in the introductory
part of Annex VII, or in paragraph 2 of point A of Annex VIII;
(b) the list of traditional specific terms referred to in the fourth sub-
indent of the second indent of paragraph 2(c) of point A ofAnnex VII, or referred to in the second indent of paragraph 2(c) ofpoint B of Annex VIII;
(c) the conditions for using the geographicalindications referred to in
paragraph 2 of point A of Annex VII;
(d) the particulars referred to in paragraph 4 of point A of Annex VII;
(e) the conditions for using the particulars referred to in paragraph 1 of
point B of Annex VII, and the circumstances for using theparticulars referred to in paragraph 3 of point B of Annex VII;
(f) the particulars referred to in paragraph 2 of point B of Annex VII,
and the conditions under which they are used;
(g) the extent to which and the conditions under which the provisions of
Annex VII are applied to products covered by this Regulation whichare not referred to in paragraph 1 of point A of Annex VII or inAnnex VIII, in particular grape must, partially fermented grapemust, concentrated grape must, new wine still in fermentation and
wine of overripe grapes, produced in the Community;
(h) the conditions under which products are packed and transported in
containers and their use and making, including in respect of
containers for making and storing sparkling wine;
(i) the giving, where appropriate, of the names of geographicalunits
referred to in the second indent of paragraph 1 of point E of
Annex VIII;
(j) the compulsory and optional particulars to be included in registers
and in officialand commercialdocuments;
(k) the detailed arrangements referred to respectively in paragraphs 2
and 5 of point G of Annex VIII;
(l) the detailed arrangements and derogating provisions referred to in
paragraph 6 of point I of Annex VIII.1999R1493 — EN — 01.01.2001 — 002.001 — 37
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TITLE VI
QUALITY WINE PRODUCED IN SPECIFIED REGIONS
Article 54
1. Quality wines produced in specified regions (‘quality wines psr’)
shall mean wines which comply with the provisions of this Title and theCommunity and nationalprovisions adopted in this connection.
2. ‘Quality wines psr shall cover the following categories:’
(a) ‘quality liqueur wines produced in specific regions’, hereinafter
called ‘quality liqueur wines psr’, which comply with the definitionof liqueur wine;
(b) ‘quality sparkling wines produced in specific regions’, hereinafter
called ‘quality sparkling wines psr’, which comply with thedefinition of sparkling wine, including quality sparkling wines ofthe aromatic type;
(c) ‘quality semi-sparkling wines produced in specified regions’,
hereinafter called ‘quality semi-sparkling wines psr’, which comply
with the definition of semi-sparkling wine;
(d) quality wines psr other than those mentioned in subparagraphs (a),
(b) and (c).
3. Products suitable for yielding a quality wine psr shall be defined as
being:
(a) fresh grapes;
(b) grape must;
(c) grape must in fermentation;
(d) new wines still in fermentation;
(e) wine.
4. Member States shall forward to the Commission the list of quality
wines psr which they have recognised, stating, for each of these quality
wines psr, details of the national provisions governing the productionand manufacture of those quality wines psr.
5. The Commission shall publish the list in the ‘C’ Series of the
Official Journal of the European Communities .
Article 55
1. The provisions covering the production of quality wines psr shall,
in addition to any national rules adopted pursuant to Article 57(1), andregard being had to the traditionalconditions of production in so far asthese are not such as to prejudice the policy of encouraging quality
production and the smooth operation of a single market, be based on the
following factors:
(a) demarcation of the area of production;
(b) vine varieties;
(c) cultivation methods;
(d) wine-making methods;
(e) minimum natural alcoholic strength by volume;
(f) yield per hectare;
(g) analysis and assessment of organoleptic characteristics.
2. The provisions referred to in paragraph 1 are set out in Annex VI
at points A to J.
3. The provisions of point K of Annex VI shall apply in respect of
quality sparkling wine psr only. The provisions of point L of Annex VIshall apply to quality liqueur wine psr only.1999R1493 — EN — 01.01.2001 — 002.001 — 38
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Article 56
1. Member States shall draw up the rules in accordance with which,
at the production stage:
(a) a producer may:
(i) not request classification as a quality wine psr of a product
which appears in his harvest or production declaration as aproduct suitable for yielding quality wine psr; or
(ii) downgrade a quality wine psr, in particular to a table wine;
(b) the competent body to be designated by the Member States may
downgrade a quality wine psr.
2. The downgrading af a quality wine psr at the marketing stage shall
be effected:
(a) by the competent body of the Member State in whose territory the
wine is located:
(i) where the wine originates in that Member State, or
(ii) where small quantities to be determined are concerned;
(b) by the competent body of the Member State of origin of the wine in
cases not referred to in (a).
3. The downgrading referred to in paragraph 2 shall be decided on in
particular where the competent body has established that:
(a) the wine has undergone a change during storage or transport which
has caused the properties of the quality wine psr in question todeteriorate or alter,
(b) the wine has undergone a prohibited treatment or is not legally
described as a quality wine psr.
Article 57
1. In addition to the factors listed in Article 55, producer Member
States may, taking into account fair and traditionalpractices, determinesuch other conditions of production and characteristics as shall beobligatory for quality wines psr.
2. In addition to the other provisions laid down in this Regulation,
producer Member States may, taking into account fair and traditionalpractices, lay down additional or more stringent characteristics or
conditions of production, manufacture and movement in respect of the
quality wines psr produced in their territory.
Article 58
Detailed rules for the application of this Title and Annex VI shall be
adopted in accordance with the procedure laid down in Article 75.
These rules may include:
(a) the decisions, exceptions, derogations and lists referred to in this
Title and in Annex VI;
(b) the definition of areas in the immediate proximity of a specified
region, account being taken in particular of the geographicalsituation and administrative structures;
(c) the use to be made of downgraded quality wines psr and the
conditions governing such use;
(d) appropriate provisions relating to the systematic and general
application of organoleptic tests, the use to be made of wineswhich do not satisfy the requirements of the tests and the conditionsgoverning such use.
(e) the determination of the small quantities referred to in
Article 56(2)(a)(ii).1999R1493 — EN — 01.01.2001 — 002.001 — 39
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TITLE VII
TRADE WITH THIRD COUNTRIES
Article 59
1. Import into the Community of any of the products listed in
Article 1(2)(a) and (b) shall be subject to presentation of an importlicence. Imports into the Community of any other products listed inArticle 1(2) and exports from the Community of any products listed inArticle 1(2) may be subject to presentation of an import or export
license.
2. Licences shall be issued by Member States to any applicant,
irrespective of his place of establishment in the Community and withoutprejudice to measures taken for the application of Articles 62 and 63.
Licences shall be valid throughout the Community.Such licences shall be issued subject to the lodging of a security
guaranteeing that the products are imported or exported during the termof validity of the licence; save in cases of force majeure , the security
shall be forfeited in whole or in part if import or export is not carried
out, or is carried out only partially, within that period.
3. The following shall be adopted in accordance with the procedure
laid down in Article 75:
(a) the list of products in respect of which import or export licences are
required;
(b) the term of validity of the licence and other detailed rules for the
application of this Article.
Article 60
1. Unless this Regulation provides otherwise, the rates of duty in the
Common Custom Tariff shall apply to the products listed in Article 1(2).
2. For juice and musts falling within CN code 2009 60 and 2204 30
for which the application of the Common Customs Tariff duties dependson the import price of the product, the actualamount of this price shal l
be verified either by checking every consignment or be using a flat-rate
import value 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 a margin adopted inaccordance with paragraph 3 that may not exceed the flat-rate value bymore than 10 %, a security must be lodged equal to the import duties
determined on the basis of the flat-rate import value.
If, in the case referred to in the second subparagraph, the entry price of
the consignment is not declared, the application of Common CustomsTariff shall be dependent on the flat-rate import value or on theapplication, under conditions to be determined in accordance withparagraph 3, of the relevant provisions of customs legislation.
3. In the event that derogations in Article 44(15) are applied to
imported products, importers shall lodge a security for those products
with the designated customs authorities at the time of release for free
circulation. The security shall be equal to an amount to be specified. Thesecurity shall be released on presentation by the importer of proof, to thesatisfaction of the customs authorities of the Member State of release forfree circulation, that the musts were made into grape juice, used in otherproducts outside the wine sector or, if vinified, have been appropriately
labelled.
4. Detailed rules of application for this Article shall be adopted using
the procedure laid down in Article 75. These rules shall in particularcover the setting of criteria for determining which controlmethod is tobe applied and what factors are to enter into the calculation of flat-rateimport values, the level of security referred to in paragraph 3 and therules governing the release of this security.1999R1493 — EN — 01.01.2001 — 002.001 — 40
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Article 61
1. In order to prevent or counteract adverse effects on the market in
the Community which may result from imports of certain products listedin Article 1(2), imports of one or more such products at the rate of duty
laid down in the Common Customs Tariff shall be subject to payment of
an additionalimport duty if the conditions set out in Articl e 5 of theAgreement on Agriculture concluded in accordance with Article 300 ofthe Treaty in the framework of the Uruguay Round of multilateral tradenegotiations have been fulfilled, unless the imports are unlikely todisturb the Community market, or where the effects would be
disproportionate to the intended objective.
2. The trigger prices below which an additional import duty may be
imposed shall be those forwarded by the Community to the World Trade
Organisation.
The trigger volumes which must be exceeded for an additional import
duty to be imposed shall be determined in particular on the basis ofCommunity imports over the three years preceding the year in which theadverse effects referred to in paragraph 1 have occured or are likely tooccur.
3. The import prices to be taken into account for the imposition of an
additionalimport duty shal lbe determined on the basis of the cif import
prices of the shipment concerned.
The cif import prices shall be verified for this purpose on the basis of
representative prices for the product in question on the world market, or
on the Community import market for the product.
4. The Commision shall adopt detailed rules for the application of
this Article in accordance with the procedure laid down in the Article 75.Such detailed rules shall specify in particular:
(a) the products to which additional import duties shall be applied, in
accordance with Article 5 of the Agreement on Agriculture;
(b) the other criteria necessary for application of paragraph 1 in
accordance with Article 5 of the said Agreement.
Article 62
1. Tariff quotas for the products covered by this Regulation resulting
from agreements concluded in accordance with Article 300 of the Treatyor from any other act of the Councilshal lbe opened and administeredby the Commission in accordance with detailed rules adopted under the
procedure laid down in Article 75.
2. Quotas shall be administered by applying one of the following
methods or a combination of them:
(a) a method based on the chronological order in which applications are
lodged (‘first come, first served principle’);
(b) a method of distribution in proportion to the quantities requested
when the applications were lodged (using the ‘simultaneousexamination’ method);
(c) a method based on taking traditionaltrade patterns into account
(using the ‘traditionalimporters/new arrival s’ method).
Other appropriate methods may be adopted. They shall avoid any
discrimination between the operators concerned.
3. The method of administration adopted shall, where appropriate,
give due weight to the supply requirements of the Community market
and the need to safeguard the equilibrium of that market, while at thesame time possibly drawing on the methods which have been applied inthe past to quotas corresponding to those referred to in paragraph 1,without prejudice to the rights resulting from agreements concluded aspart of the Uruguay Round of trade negotiations.
4. The detailed rules referred to in paragraph 1 shall provide for
annual quotas, if necessary, suitably phased in over the year and shall1999R1493 — EN — 01.01.2001 — 002.001 — 41
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determine the administrative method to be used and, where appropriate,
shall include:
(a) guarantees covering the nature, provenance and origin of the
product;
(b) recognition of the document used for verifying the guarantees
referred to in (a);
(c) the conditions under which import licences are issued and their term
of validity.
Article 63
1. To the extent necessary to enable the export of:
(a) products listed in Article 1(2)(a), (b) and (c);
(b) sugars falling within CN code 1701, glucose and glucose syrup
falling within CN codes 1702 30 91, 1702 30 99 1702 40 90 and1702 90 50, including in the form of products falling within CN
codes 1702 30 51 and 1702 30 59, incorporated into products falling
with CN codes 2009 60 11, 2009 60 71, 2009 60 79 and 2204 30 99,
on the basis of prices for those products in internationaltrade and within
the limits resulting from agreements concluded in accordance with
Article 300 of the Treaty, the difference between those prices and prices
in the Community may be covered by export refunds.
2. For the allocation of the quantities which may be exported with
refunds, the method shall be established which:
(a) is the best suited to the nature of the product and to the situation on
the market in question, enabling the most efficient use possible to bemade of the available resources, and having regard to the efficiencyand structure of Community exports without, however, creatingdiscrimination between large and small operators;
(b) is the least cumbersome administratively for operators, having
regard to management imperatives;
(c) precludes discrimination between the operators concerned.
3. Refunds shall be the same for the whole Community. They may
vary according to destination where the situation on the international
market or the specific requirements of certain markets make this
necessary.
The refunds referred to in paragraph 1(a) shall be fixed in accordance
with the procedure laid down in Article 75. They shall be fixed atregular intervals.
Refunds fixed at regular intervals may, where necessary, be adjusted in
the intervening period by the Commission at the request of a MemberState or on its own initiative.
The provisions of Article 64 regarding the products referred to therein
shall apply on a supplementary basis.
4. Refunds shall be granted only on application and on presentation
of the relevant export licence.
5. The refund applicable to exports of products listed in Article 1
shall be that applicable on the day of application for the licence and, in
the case of a differentiated refund, that applicable on the same day:
(a) for the destination indicated on the licence or, if appropriate,
(b) for the actualdestination, if it differs from that indicated on the
licence. In that case the amount applicable may not exceed theamount applicable to the destination indicated on the licence.
Appropriate measures may be taken to preclude abuse of the flexibility
provided for in this paragraph.
6. Paragraphs 4 and 5 may be waived in the case of products listed in
Article 1 on which refunds are paid under food-aid operations, inaccordance with the procedure laid down in Article 75.1999R1493 — EN — 01.01.2001 — 002.001 — 42
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7. Compliance with the limits on volumes arising from agreement
concluded in accordance with Article 300 of the Treaty shall be ensuredon the basis of the export certificates issued for the reference periods
provided for therein and applicable to the products concerned.
With regard to compliance with the obligations arising under agreements
concluded in the framework of the Uruguay Round of trade negotiations,the ending of a reference period shall not affect the validity of exportlicences.
8. Detailed rules for the application of this Article, including
provisions on redistribution of unallocated or unused exportablequantities, shall be adopted in accordance with the procedure laiddown in Article 75.
Article 64
1. This Article shall apply to the refunds referred to in Article 63(1).2. The amount of the refund for products referred to in
Article 63(1)(b) shall be:
(a) in the case of raw sugar and white sugar, the amount of refund for
export of these products unprocessed as fixed in accordance withArticle 17 of Council Regulation (EEC) No 1785/81 of 30 June 1981on the common organisation of the market in the sugar sector (
1), and
with the provisions adopted for its application;
(b) in the case of glucose and glucose syrup, the amount of the refund
for export of these products unprocessed as fixed for each of theseproducts in accordance with Article 13 of Council Regulation (EEC)No 1766/92 of 30 June 1992 on the common organisation of themarket in cereals (
2), and with the provisions adopted for its
application.
To qualify for the refund, processed products must, on export, be
accompanied by a declaration from the applicant indicating the amounts
of raw sugar, white sugar, glucose and glucose syrup used in theirmanufacture.
The accuracy of this declaration shall be subject to checks by the
competent authorities of the Member State concerned.
3. The following shall be taken into account when refunds are being
fixed:
(a) the existing situation and likely trends with regard to:
(i) prices and availability of the products listed in Article 63(1) on
the Community market;
(ii) world market prices for those products;
(b) the most advantageous marketing and transport costs from the
Community markets to the ports or other export points of theCommunity as well as the costs of shipment to the country of
destination;
(c) the objectives of the common organisation of the market in wine,
which are to ensure balance on the markets and natural developmentin respect of prices and trade;
(d) limits arising out of agreements concluded in accordance with
Article 300 of the Treaty;
(e) the need to avoid disturbances on the Community market;
(f) the economic aspect of the proposed exports.
4. Community market prices referred to in Article 63(1) shall be
determined on the basis of the most advantageous export prices.1999R1493 — EN — 01.01.2001 — 002.001 — 43
(1) OJ L 177, 1.7.1981, p. 4. Regulation as last amended by Regulation (EC)
No 1148/98 (OJ L 159, 3.6.1998, p. 38.)
(2) OJ L 181, 1.7.1992, p. 21. Regulation as last amended by Regulation (EG)
No 1253/1999 (OJ L 160, 26.6.1999, p. 18.)
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The following shall be taken into account when the prices in
internationaltrade referred to in Articl e 63(1) are being determined:
(a) prices recorded on third-country markets;
(b) the most advantageous prices in third countries of destination for
imports from third countries;
(c) producer prices recorded in exporting third countries, account being
taken, where appropriate, of subsidies granted by those countries;
(d) free-at-Community-frontier offer prices.
5. Without prejudice to the third subparagraph of Article 63(3), the
intervals at which the list of products for which a refund is actually
granted is to be fixed and the amount of that refund shall be determined
in accordance with the procedure laid down in Article 75.
6. The refund shall be paid on proof that the products:
(a) are of Community origin,
(b) have been exported from the Community, and
(c) in the case of a differentiated refund, have reached the destination
indicated on the licence or another destination for which the refund
was fixed, without prejudice to Article 63(5)(b). However,exceptions may be made to this rule in accordance with theprocedure laid down in Article 75, provided that conditions are laiddown which offer equivalent guarantees.
Additionalprovisions may be adopted in accordance with the procedure
laid down in Article 75.
7. Without prejudice to paragraph 6(a), in the absence of a derogation
granted in accordance with the procedure laid down in Article 75, no
export refund shall be granted on products imported from third countriesand re-exported to third countries.
Article 65
1. To the extent necessary for the proper working of the common
organisation of the market in wine, the Council, acting by a qualifiedmajority on a proposalform the Commission, may in particul ar casesprohibit the use of inward-processing arrangements wholly or partiallyin respect of the products listed in Article 1.
2. By way of derogation from paragraph 1, if the situation referred to
in that paragraph occurs with particular urgency and if the Communitymarket is, or is likely to be, disturbed by outward or inward-processingarrangements, the Commission shall, at the request of a Member State or
on its own initative, decide on the necessary measures; the Counciland
the Member States shall be notified of such measures, the period ofvalidity of which may not exceed six months and which shall applyimmediately. If the Commission receives a request from a MemberState, it shall take a decision thereon within one week of receipt of the
request.
3. The Commissions' decision may be referred to the Councilby any
Member State within one week following the day of notification. TheCouncil, acting by a qualified majority, may confirm, amend or annul
the Commission's decision. If the Councilhas not reached a decision
within three months, the Commission's decision shall be deemed to havebeen repealed.
Article 66
1. The generalrul es for the interpretation of the Combined
Nomenclature and the special rules for its application shall apply tothe classification of products covered by this Regulation; the tariffnomenclature resulting from the application of this Regulation shall beincorporated in the Common Customs Tariff.1999R1493 — EN — 01.01.2001 — 002.001 — 44
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2. Save as otherwise provided for this Regulation or pursuant to a
provision thereof, the following shall be prohibited:
(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 67
1. The import of the products covered by this Regulation to which
alcohol has been added with the exception of those products equivalentto products originating in the Community in respect of which such amixture is permitted, shall be prohibited.
2. Detailed rules for the application of this Article, and in particular
the conditions for the equivalence of products, and derogations fromparagraph 1 shall be adopted in accordance with the procedure laiddown in Article 75.
Article 68
1. The products referred to in Article 1(2)(a) and (b) may be imported
only if the following conditions are fulfilled:
(a) in respect of all the products:
(i) if they correspond to the provisions governing production,
marketing and, where appropriate, delivery for direct humanconsumption in the third countries in which they originate, andevidence of compliance with this conditon is furnished in theform of a certificate issued by a competent body, included on a
list to be determined, in the third country in which the product
originates;
(ii) where they are intended for direct human consumption, if they
are accompanied by an analysis report drawn up by a body ordepartment desingated by the third country in which the product
originates;
(b) in respect of wines intended for direct human consumption other
than liqueur wines and sparkling wines:
(i) if they have an actual alcoholic strength by volume of not less
than 9 % vol and a total alcoholic strength by volume notexceeding 15 % vol;
(ii) if they have a totalacidity content expressed as tartaric acid of
not less than 3,5 or 46,6 milliequivalents per litre.
2. Provisions may be made under the procedure laid down in
Article 75 for:
(a) the definition of the characteristics which liqueur wines and
sparkling wines shall prossess and derogation from paragraph 1(b),
(b) dispensing with the certificate and the analysis report provided for in
paragraph 1(a) in the case of certain products as referred to in
paragraph 1 which are transported in limited quantities and put up insmall containers,
(c) waiving wholly or in part the requirment for the particulars
contained in the certificate or the analysis report provided for inparagraph 1(a) in the case of certain wines accompanied by acertificate of designation of origin or by a certificate of origin.
3. Detailed rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 75.
Article 69
1. If, by reason of imports or exports, the Community market in one
or more of the products listed in Article 1(2) is affected by, or isthreatened with, serious disturbance likely to jeopardise the achievementof the objectives set out in Article 33 of the Treaty, appropriate1999R1493 — EN — 01.01.2001 — 002.001 — 45
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measures may be applied in trade with third countries until such
disturbance has ceased.
In order to assess whether the situation justifies the application of such
measures, the following in particular must be taken into account:
(a) the quantities in respect of which import licences have been issued
or applied for and the market situation of the wine sector in theCommunity;
(b) where appropriate, the scale of intervention.
The Council, acting by a qualified majority on a proposal from the
Commission, shall adopt general rules for the application of this
paragraph and define the cases in which and the limits within which
Member States may take interim protective measures.
2. If the situation referred to in paragraph 1 arises, the Commission
shall, at the request of a Member State or on its own initiative, decide onthe necessary measures; the Member States shall be notified of suchmeasures, which shall be immediately applicable. If the Commission
receives a request from a Member State, it shall take a decision thereon
within three working days of receipt of the request.
3. Measures decided on by the Commission may be referred to the
Councilby any Member State within three working days of the day ofnotification. The Council shall meet without delay. It may, acting by a
qualified majority, amend or annul the measures in question.
4. This Article shall be applied having regard to the obligations
arising from the internationalagreements concl uded in accordance withArticle 300(2) of the Treaty.
TITLE VIII
GENERAL, TRANSITIONAL AND FINAL PROVISIONS
Article 70
1. The products covered by this Regulation may be put into
circulation within the Community only with an officially checkedaccompanying document.
2. Natural or legal persons or groups of persons who hold such
products in the exercise of their trade, in particular producers, bottlers
and processors, as well as merchants to be determined, shall be obliged
to keep goods inwards and outwards registers in respect of thoseproducts.
3. Detailed rules for the application of this Article, and in particular
the nature and form of the document referred to in paragraph 1, and the
derogations from this Article, shall be adopted in accordance with the
procedure laid down in Article 75.
Article 71
1. Save as otherwise provided in this Regulation, Articles 87, 88 and
89 of the Treaty shall apply to the production of and trade in theproducts covered by this Regulation.
2. Chapter II of Title II shall not impede the granting of national aid
designated to achieve objectives similar to those sought by that Chapter.Paragraph 1 shall nevertheless apply to such aids.
Article 72
1. Member States shall designate one or more authorities which shall
be responsible for ensuring compliance with Community rules in the
wine sector. They shall also designate the laboratories authorised to
carry out officialanal yses in the wine sector.
2. Member States shall inform the Commission of the names and
addresses of these authorities and laboratories. The Commission shallforward this information to the other Member State.1999R1493 — EN — 01.01.2001 — 002.001 — 46
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3. The Commission shall set up a body of specific officials to
collaborate with the competent authorities of the Member States in on-the-spot checks in order to ensure the uniform application of the rules in
the wine sector.
4. Detailed rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 75.
These rules may in particular include provisions:
(a) to ensure uniform application of Community provisions in the wine
sector, in particular as regards controls;
(b) governing relation between the designated authorities;
(c) governing the specific financialprocedures for the improvement of
controls;
(d) governing administrative sanctions, and
(e) governing the powers and obligations of the designed inspectors.
Article 73
Member States and the Commission shall communicate to each other the
information necessary for implementing this Regulation. Detailed rules
governing such communication, including the nature and format of theinformation to be transmitted, and time limits for its communication aswell as distribution of the information gathered shall be adopted inaccordance with the procedure laid down in Article 75.
Article 74
A Management Committee for Wine (herainafter called ‘the
Committee’) is hereby set up consisting of representatives of Member
States and chaired by a representative of the Commission.
Article 75
1. Where the procedure laid down in this Article is to be followed,
the Chairman shall refer the matter to the Committee, either on his own
initiative or at the request of the representative of a Member State.
2. The representative of the Commission shall submit to the
Committee a draft of the measures to be taken. The Committee shall
deliver its opinion on the draft within a time limit which the Chairmanmay lay down according to the urgency of the matter. The opinion shallbe delivered by the majority provided for in Article 205(2) of the Treatyin the case of decisions which the Councilis required to adopt on aproposalfrom the Commission. The votes of the representatives of the
Member States within the Committee shall be weighted in the manner
set out in that Article. The Chairman shall not vote.
The Commission shall adopt measures which shall apply immediately.
However, if these measures are not in accordance with the opinion of the
Committee, they shall forthwith be communicated by the Commission to
the Council. In that event the Commission may defer application of themeasures which it has decided for a period of not more than one monthfrom the date of such communication.
The Council, acting by a qualified majority, may take a different
decision within the time limit referred to in the second paragraph.
Article 76
The Committee may examine any other question raised by the
Chairman, either on his own initiative or at the request of therepresentative of a Member State.
Article 77
1. This Regulation shall be so applied that appropriate account is
taken, at the same time, of the objectives set out in Article 33 and 131 ofthe Treaty.1999R1493 — EN — 01.01.2001 — 002.001 — 47
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2. This Regulation shall be applied having regard to the obligations
arising from the internationalagreements concl uded in accordance withArticle 300(2) of the Treaty.
Article 78
1. Regulation (EC) No 1258/1999 and the provisions adopted in
implementation thereof shall apply to the products covered by this
Regulation.
2. The premium referred to in Chapter II of Title II, the support
referred to in Chapter III of that Title, the aid referred to in Chapter I ofTitle III, the buying-in and support referred to in Chapter II of that Titleand the aids referred to in Chapter III of that Title and the refundsreferred to in Title VII shall be regarded as intervention designed to
stabilise agricultural markets within the meaning of Article 2(2) of
Regulation (EC) No 1258/1999.
3. Notwithstanding any more restrictive provisions, the Community
support which may be granted under Title III and the refunds which maybe granted under Title VII may only be granted in respect of productsproduced in the Community from grapes harvested in the Community.
Article 79
With a view to preventing surpluses of table wine and wines suitable for
yielding table wine, the Member States may set a limit for crop yields
expressed as an amount of hectolitres per hectare, the overshoot of
which shall result in the producers' ineligibility for benefits under thisRegulation.
Article 80
In accordance with the procedure laid down in Article 75, measures shall
be adopted:
(a) to facilitate the transition from the arrangements provided for in the
Regulations referred to in Article 81 and those established by thisRegulation;
(b) where required, to resolve specific practical problems. Such
measures, if duly justified, may derogate from certain provisionsof this Regulation.
Article 81
Regulations (EEC) No 346/79, (EEC) No 351/79, (EEC) No 460/79,
(EEC) No 456/80, (EEC) No 457/80, (EEC) No 458/80, (EEC) No 1873/84, (EEC) No 895/85, (EEC) No 822/87, (EEC) No 823/87, (EEC)
No 1442/88, (EEC) No 3877/88, (EEC) No 4252/88, (EEC) No 2046/89,
(EEC) No 2048/89, (EEC) No 2389/89, (EEC) No 2390/89, (EEC)No 2391/89, (EEC) No 2392/89, (EEC) No 3677/89, (EEC) No 3895/91,(EEC) No 2332/92 and (EEC) No 2333/92 are hereby repealed.
Article 82
This Regulation shall enter into force on the seventh day following its
publication in the Official Journal of the European Communities .
It shall apply from 1 August 2000.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.1999R1493 — EN — 01.01.2001 — 002.001 — 48
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ANNEX I
PRODUCT DEFINITIONS
The following definitions shall apply to:
— products obtained in the Community from grapes harvested in the
Community, including wine referred to in the sixth indent of pargraph 15, and
— products other than those referred to in paragraphs 3, 4, 5, 6, 7, 12, 13, 14, 15,
16, 17, 18 and 24 where they
— originate in third countries, or
— are manufactured in the Community from grapes harvested outside the
Community insofar as their manufacture is permitted under this
Regulation.
The definitions of wine products to which this Annex does not apply shall be
adopted as necessary in accordance with this Regulation, by the procedure laid
down in Article 75.
1.Fresh grapes: 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.
2.Grape must: the liquid product obtained naturally or by physical processes
from fresh grapes. An actual alcoholic strength by volume of the grape must
of not more than 1 % vol. is permissible.
3.Grape must in fermentation: the product obtained from the fermentation of
grape must and with an actual alcoholic strength by volume of more than 1 %
vol. but less than three fifths of its total alcoholic strength by volume:
however, certain quality wines psr having an actual alcoholic strength by
volume of less than three fifths of their total alcoholic strength by volume but
not less than 4,5 % vol. are not considered as grape must in fermentation.
4.Grape must in fermentation extracted from raisined grapes: the product
obtained from the partialfermentation of grape must obtained from raisined
grapes, the totalsugar content of which before fermentation is at l east 272
grams per litre and the natural and actual alcoholic strength by volume of
which may not be less than 8 % vol. However, certain wines that meet these
requirements are not considered as grape must in fermentation extracted from
raisined grapes.
5.Fresh grape must with fermentation arrested by the addition of alcohol: a
product which:
— has an actual alcoholic strength by volume of not less than 12 % vol. but
less than 15 % vol., and
— is obtained by addition to unfermented grape must having a natural
alcoholic strength by volume of not less than 8,5 % vol. and derived
exclusively from vine varieties referred to in Article 42(5):
— either of neutral alcohol of vinous origin, including alcohol obtained
from the distillation of dried grapes, having an actual alcoholic
strength by volume of not less than 95 % vol.,
— or of an unrectified product derived from the distillation of wine and
having an actual alcoholic strength by volume of not less than 52 %
vol. and not more than 80 % vol.
6.Concentrated grape must: uncaramelised grape must which is:
— obtained by partialdehydration of grape must carried out by any
authorised method other than by direct heat in such a way that the figure
indicated by a refractometer used in accordance with a method to be
prescribed at a temperature of 20 ºC is not less than 50,9 %;
— derived exclusively from vine varieties referred to in Article 42(5);— obtained from grape must having at least the minimum natural alcoholic
strength by volume laid down for the vine-growing zone in which the
grapes were harvested.
An actual alcoholic strength by volume of the concentrated grape must of not
more than 1 % vol. is permissible.
7.Rectified concentrated grape must: the liquid uncaramelised product which:
— is obtained by partialdehydration 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 at a temperature of 20 ºC is not less than 61,7 %;
— has undergone authorised treatment for deacidification and elimination of
constituents other than sugar;1999R1493 — EN — 01.01.2001 — 002.001 — 49
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— has the following characteristics:
— a pH of not more than 5 at 25 º Brix,
— an opticaldensity at 425 nm for a thickness of 1 cm of not more than
0,100 in grape must concentrated at 25 º Brix,
— a sucrose content undetectable by a method of analysis to be defined,
— a Folin-Ciocalteau index of not more than 6,00 at 25 º Brix,
— a titratable acidity of not more than 15 milliequivalents per kilogram
of totalsugars,
— 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 totalsugars,
— a conductivity at 25 º Brix and 20 ºC 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,
— is derived exclusively from the vine varieties referred to in Article 42(5),
— is obtained from grape must having at least the minimum natural
alcoholic strength by volume laid down for the vine-growing zone in
which the grapes were harvested.
An actual alcoholic strength by volume of the rectified concentrated grape
must of not more than 1 % vol. is permissible.
8.Grape juice: the unfermented but fermentable liquid product obtained by
appropriate treatment rendering it fit for consumption as it is; it may be
obtained:
(a) from fresh grapes or from grape must, or
(b) by reconstitution:
— from conentrated grape must; or
— from concentated grape juice.
An actual alcoholic strength by volume of the grape juice of not more
than 1 % vol. is permissible.
9.Concentrated grape juice: uncaramelised grape juice obtained by partial
dehydration of grape juice carried out by any authorised method other than
by direct heat in such a way that the figure indicated by a refractometer used
in accordance with a method to be prescribed at a temperature of 20 ºC is not
less than 50,9 %.
An actual alcoholic strength by volume of the concentated grape juice of not
more than 1 % vol. is permissible.
10.Wine: the product obtained exclusively from the total or partial alcoholic
fermentation of fresh grapes, whether or not crushed, or of grape must.
11.New wine still in fermentation: wine in which alcoholic fermentation is not
yet complete and which is not yet separated from its lees.
12.Wine suitable for yielding table wine: wine which:
— is derived exclusively from vine varieties referred to in Article 42(5);
— is produced in the Community, and
— has at least the minimum natural alcoholic strength by volume laid down
for the vine-growing zone in which it was produced.
13.Table wine: wine other than quality wine psr which:
— is derived exclusively from vine varieties referred to in Article 42(5);
— is produced in the Community;
— has, whether or not following application of the processes specified in
point D of Annex V, an actual alcoholic strength by volume of not less
than 8,5 % vol. provided the wine derives exclusively from grapes
harvested in vine-growing zones A and B, and of not less than 9 % vol. in
other vine-growing zones, and a total alcoholic strength by volume of not
more than 15 % vol.;
— subject to derogations which may be adopted, has a totalacidity content,
expressed as tartaric acid, of not less than 3,5 grams per litre or 46,6
milliequivalents per litre.
However, in the case of wines from certain vine-growing areas to be
determined which have been produced without any enrichment, the upper
limit for the total alcoholic strength by volume may be raised to 20 % vol.1999R1493 — EN — 01.01.2001 — 002.001 — 50
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‘Retsina’ table wine is table 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’ table wine under the conditions laid down in the Greek provisions
applicable.
14.Liqueur wine: the product:
A. Having:
— an actual alcoholic strength by volume of not less than 15 % vol. and
not more than 22 % vol.;
— an overall alcoholic strength by volume of not less than 17,5 % vol.,
except for certain quality liqueur wines produced in specified regions
(quality liqueur wines psr) appearing on a list to be drawn up;
B. obtained:
(a) from:
— grape must in fermentation; or
— wine; or— a combination of the above products; or— in the case of certain quality liqueur wines psr to be determined,
grape must or a mixture thereof with wine,
all these products being required, in the case of liqueur wines and
quality liqueur wines psr:
— to be derived from vine varieties which shall be selected from
among those referred to in Article 42(5); and
— with the exception of certain quality liquer wines psr appearing
on a list to be drawn up, to have an initial natural alcoholic
strength by volume of not less than 12 % vol.;
(b) and by addition:
(i) individually or in combination:
— of neutral alcohol of vine origin, including alcohol produced
from the distillation of dried grapes, having an actual
alcoholic strength by volume of not less than 96 % vol.;
— of wine or dried grape distillate, having an actual alcoholic
strength by volume 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 (i) with a
grape must referred to in the first and fourth indents of (a);
(iii) for certain quality liqueur wines psr appearing on a list to be
drawn up:
— either of products listed in (i) individually or in combination;
— or of one or more of the following products:
— wine alcohol or dried grape alcohol with an actual
alcoholic strength by volume 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 by volume of not less than 52 %
vol. and not more than 86 % vol.;
— spirits distilled from dried grapes, with an actual
alcoholic strength by volume of not less than 52 %
vol. and of less than 94,5 % vol.;
— together with 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 the second
indent with a grape must referred to in the first and
fourth indents of (a).1999R1493 — EN — 01.01.2001 — 002.001 — 51
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15.Sparkling wine: save for the derogation provided for in Article 44(3), the
product which is obtained by first or second alcoholic fermentation:
— of fresh grapes;
— of grape must;— of wine,
suitable for yielding table wine;
— of table wine;
— of quality wine psr,— imported wines, on a list to be drawn up, from vine varieties and vine-
growing zones with the characteristics that distinguish them from
Community wines,
which, when the container is opened, releases carbon dioxide derived
exclusively from fermentation and 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.
16.Aerated sparkling wine: the product which:
— is obtained from table wine;
— releases, when the container is opened, carbon dioxide derived wholly or
partially from an addition of that gas; and
— 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.
17.Semi-sparkling wine: the product which:
— is obtained from table wine, quality wine psr or from products suitable for
yielding table wine or quality wine psr provided that such wine or
products have a total alcoholic strength of not less than 9 % vol.;
— has an actual alcoholic strength by volume of not less than 7 % vol.;— 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;
— is put up in containers of 60 litres or less.
18.Aerated semi-sparkling wine: the product which:
— is obtained from table wine, quality wine psr or from products suitable for
yielding table wine or quality wine psr;
— has an actual alcoholic strength of not less than 7 % vol. and a total
alcoholic strength of not less than 9 % vol.;
— has an excess pressure of not less than 1 bar and not more than 2,5 bar
when kept at a temperature of 20 ºC in closed containers due to carbon
dioxide in solution which has been wholly or partially added;
— is put up in containers of a capacity not exceeding 60 litres.
19.Wine vinegar: vinegar which:
— is obtained exclusively by acetous fermentation of wine; and
— has a total acidity of not less than 60 grams per litre expressed as acetic
acid.
20.Wine lees: the residue accumulating in vessels containing wine after
fermentation, during storage or after authorised treatment and the residue
obtained from filtering or centrifuging this product.
The following are also considered as wine lees:
— the residue accumulating in vessels containing grape must during storage
or after authorised treatment;
— the residue obtained from filtering or centrifuging this product.
21.Grape marc: the residue from the pressing of fresh grapes, whether or not
fermented.
22.Piquette: the product obtained:
— by the fermentation of untreated grape marc macerated in water; or
— by leaching fermented grape marc with water.
23.Wine fortified for distillation: the product which:
— has an actual alcoholic strength by volume of not less than 18 % vol. and
not more than 24 % vol.;
— 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 by volume of 86 % vol.; and1999R1493 — EN — 01.01.2001 — 002.001 — 52
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— has a maximum volatile acidity of 1,5 grams per litre, expressed as acetic
acid.
24.Wine of overripe grapes: the product:
— produced in the Community, without enrichment, from grapes harvested
in the Community, coming from the vine varieties set out in Article 42(5)
and which are set out in a list to be drawn up;
— having a natural alcoholic strength of more than 15 % vol.;— having a total alcoholic strength not less than 16 % vol., and an actual
alcoholic strength of not less than 12 % vol.; and
The Member States may prescribe a period of ageing for this product.1999R1493 — EN — 01.01.2001 — 002.001 — 53
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ANNEX II
ALCOHOLIC STRENGTHS
1.Actual alcoholic strength by volume means the number of volumes of pure
alcohol contained at a temperature of 20 ºC in 100 volumes of the product at
that temperature.
2.Potential alcoholic strength by volume means the number of volumes of pure
alcohol at a temperature of 20 ºC capable of being produced by total
fermentation of the sugars contained in 100 volumes of the product at that
temperature.
3.Total alcoholic strength by volume means the sum of the actual and potential
alcoholic strengths.
4.Natural alcoholic strength by volume means the total alcoholic strength by
volume of a product before any enrichment.
5.Actual alcoholic strength by mass means the number of kilograms of pure
alcohol contained in 100 kilograms of product.
6.Potential alcoholic strength by mass means the number of kilograms of pure
alcohol capable of being produced by total fermentation of the sugars
contained in 100 kilograms of the product.
7.Total alcoholic strength by mass means the sum of the actualand potential
alcoholic strength.1999R1493 — EN — 01.01.2001 — 002.001 — 54
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ANNEX III
WINE-GROWING ZONES
1. Wine-growing zone A comprises:
(a) in Germany: the areas under vines other than those included in wine-
growing zone B;
(b) in Luxembourg: the Luxembourg wine-growing region;
(c) in Belgium, the Netherlands, Denmark, Ireland, Sweden and the United
Kingdom: the wine-growing of areas of these countries.
2. Wine-growing zone B comprises:
(a) in Germany, the areas under vines in the specified region Baden;
(b) in France, the areas under 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 Valde Loire: Cher, Deux-Sèvres, Indre, Indre-et-Loire, Loir-et-
Cher, Loire-Atlantique, Loiret, Maine-et-Loire, Sarthe, Vendée, Viene,
and the areas under vines in the arrondissement of Cosne-sur-Loire in
the department of Nièvre;
(c) in Austria: the Austrian wine-growing area.
3. Wine-growing zone C I a) comprises the area under vines:
(a) in France:
— in the following departments: Allier, Alpes-de-Haute-Provence,
Hautes-Alpes, Alpes-Maritimes, Ariège, Aveyron, Cantal, Charente,
Charente-Maritime, Corrèze, Côte-d'Or, Dordogne, Haute-Garonne,
Gers, Gironde, Isère (with the exception of the commune of
Chapareillan), Landes, Loire, Haute-Loire, Lot, Lot-et-Garonne,
Lozère, Nièvre (except for the arrondissements 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 Monté-
limar);
— in the department of Ardèche, in the arrondissement of Tournon and
the cantons of Antraigues, Buzet, Coucouron, Montpezat-sous-
Bauzon, PrVs, Saint-Etienne de Lugdarès, Saint-Pierreville, Valgorge
and la Voulte-sur-Rhône;
(b) in Spain, in the provinces of Asturias, Cantabria, Guipúzcoa, La Coruña
and Vizcaya;
(c) in Portugal, 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, Laurinhã, Mafra e Torres Vedras’ (with the exception of
‘Freguesias da Carvoeira e Dois Portos’), belonging to the ‘Região viticola
da Extremadura’.
4. In Italy, wine-growing zone C 1 b) comprises the areas under vines in the
Valle d'Aosta region and in the provinces of Sondrio, Bolzano, Trento and
Belluno.
5. Wine-growing zone C II comprises:
(a) in France, the areas under 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, Pland-de-
la-Tour and Sainte-Maxime;
— in the arrondissement of Nyons and the cantons of Dieulefit, Loirol,
Marsanne and Montélimar in the department of Drôme;
— in those parts of the department of Ardèche not listed in point 3(a);1999R1493 — EN — 01.01.2001 — 002.001 — 55
▼B
(b) in Italy, the areas under vines in the following regions: Abruzzi,
Campagnia, Emilia-Romagna, Friuli-Venezia Giulia, Lazio, Liguria,
Lombardy except for the province of Sondrio, Marche, Molise, Piedmont,
Tuscany, Umbria Veneto except for the province of Belluno, including the
islands belonging to those regions, such as Elba and the other islands of
the Tuscan archipelago, the Ponziane islands, Capri and Ischia;
(c) in Spain, the areas under vines:
— in the following provinces:
— Lugo, Orense, Pontevedra,
— Ávilla (except for the communes which correspond to the
designated wine ‘comarca’ of Cebreros), Burgos, León, Palencia,
Salamanca, Segovia, Soria, Valladolid, Zamora,
— La Rioja,— Álava,— Navarra,
— Huesca,
— Barcelona, Gerona, Lérida;
— 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 registered designation of origin.
— in that part of the province of Tarragona which corresponds to the
designated wine ‘comarca’ of Conca de Barberá.
6. In Greece, wine-growing zone C III a) comprises the area under vines in the
following nomoi: Florina, Imathia, Kilkis, Grevena, Larisa, Ioannina, Levkas,
Achaca, Messinia, Arkadia, Korinthia, Iraklio, Khania, Rethimni, Samos,
Lasithi and the island of Thira (Santorini).
7. Wine-growing zone C III b) comprises:
(a) in France, the areas under 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, the areas under 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, the areas under vines not listed in point 6;
(d) in Spain, the areas under vines not included in 3(b) or 5(c);
(e) in Portugal, the areas under vines in the regions not included in wine-
growing zone C I a).
8. The demarcation of the territories covered by the administrative units
mentioned in this Annex is that resulting from the national provisions in
force on 15 December 1981 and, for Spain, from the nationalprovisions in
force on 1 March 1986 and Portugal, from the national provisions in force on
1 March 1998.1999R1493 — EN — 01.01.2001 — 002.001 — 56
▼B
ANNEX IV
LIST OF AUTHORISED OENOLOGICAL PRACTICES AND
PROCESSES
1. Oenological practices and processes which may be applied to fresh grapes,
grape must, grape must in fermentation, grape must in fermentation extracted
from raisined grapes, concentrated grape must and new wine still in
fermentation:
(a) aeration or the addition of oxygen;
(b) heat treatment;
(c) centrifuging and filtration, with or without an inert filtering agent, on
condition that no undesirable residue is left in the products so treated;
(d) use of carbon dioxide, argon or nitrogen, either alone or combined, solely
in order to create an inert atmosphere and to handle the product shielded
from the air;
(e) use of yeasts for wine production;
(f) use of one or more of the following practices to encourage the growth of
yeasts;
— addition of diammonium phosphate or ammonium sulphate within
certain limits,
— addition of ammonium sulphite or ammonium bisulphite within
certain limits,
— addition of thiamin hydrochloride within certain limits;
(g) use of sulphur dioxide, potassium bisulphite or potassium metabisulphite
which may also be called potassium disulphite or potassium pyrosulphite;
(h) elimination of sulphur dioxide by physical processes;
(i) treatment of white must and new white wine still in fermentation with
charcoal for oenological use, within certain limits;
(j) clarification by means of one or more of the following substances for
oenological use:
— edible gelatine,
— isinglass,— casein and potassium caseinate,
— ovalbumin and/or lactalbumin,
— bentonite,
— silicon dioxide as a gel or colloidal solution,
— kaolin,— tannin,
— pectinolytic enzymes,
— an enzymatic preparation of betaglucanase, under conditions to be
determined;
(k) use of sorbic acid or potassium sorbate;
(l) use of tartaric acid for acidification purposes under the conditions laid
down in points E and G of Annex V;
(m) use of one or more of the following substances for deacidification
purposes under the conditions laid down in points E and G of Annex V:
— neutralpotassium tartrate,
— potassium bicarbonate,
— calcium carbonate, which may contain small quantities of the double
calcium salt of L (+) tartaric and L (-) malic acids,
— calcium tartrate,
— tartaric acid, under conditions to be determined,— a homogeneous preparation of tartaric acid and calcium carbonate in
equivalent proportions and finely pulverised;
(n) the use of Aleppo pine resin under conditions to be determined;(o) the use of preparations of yeast cell wall, within certain limits;(p) the use of polyvinylpolypyrrolidone within certain limits and under
conditions to be determined;
(q) the use of lactic bacteria in a vinous suspension under conditions to be
determined;
(r) the addition of lysozyme within limits and under conditions to be
determined.1999R1493 — EN — 01.01.2001 — 002.001 — 57
▼B
2. Oenological practices and processes which may be applied to grape must
intended for the manufacture of rectified concentrated grape must:
(a) aeration;
(b) heat treatment;
(c) centrifuging and filtration, with or without an inert filtering agent, on
condition that no undesirable residue is left in the product so treated;
(d) use of sulphur dioxide, potassium bisulphite or potassium metabisulphite
which may also be called potassium disulphite or potassium pyrosulphite;
(e) elimination of sulphur dioxide by physical processes;
(f) treatment with charcoalfor oenol ogicaluse;
(g) use of calcium carbonate, which may contain small quantities of the
double calcium salt of L (+) tartaric and L (-) malic acids;
(h) use of ion exchange resins under conditions to be determined.
3. Processes and oenological practices which may be applied to grape must in
fermentation intended for direct human consumption as such, wine suitable for
producing table wine, table wine, sparkling wine, aerated sparkling wine,
semi-sparkling wine, aerated semi-sparkling wine, liqueur wine and quality
wines psr:
(a) use in dry wines, and in quantities not exceeding 5 %, of fresh lees which
are sound and undiluted and contain yeasts resulting from the recent
vinification of dry wines;
(b) aeration or bubbling using argon or nitrogen;
(c) heat treatment;
(d) centrifuging and filtration, with or without an inert filtering agent, on
condition that no undesirable residue is left in the products so treated;
(e) use of carbon dioxide, argon or nitrogen, either alone or combined, solely
in order to create an inert atmosphere and to handle the product shielded
from the air;
(f) addition of carbon dioxide, within certain limits,
(g) use, under the conditions laid down in this Regulation, of sulphur
dioxide, potassium bisulphite or potassium metabisulphite, which may
also be called potassium disulphite or potassium pyrosulphite;
(h) addition of sorbic acid or potassium sorbate provided that the finalsorbic
acid content of the treated product on its release to the market for direct
human consumption does not exceed 200 mg/l;
(i) addition of L-ascorbic acid up to certain limits;(j) addition of citric acid for wine stabilisation purposes, within certain
limits;
(k) use of tartaric acid for acidification purposes under the conditions laid
down in points E and G of Annex V;
(l) use of one or more of the following substances for deacidification
purposes under the conditions laid down in points E and G of Annex V:
— neutralpotassium tartrate,
— potassium bicarbonate,
— calcium carbonate, which may contain small quantities of the double
calcium salt of L (+) tartaric and L (-) malic acids,
— calcium tartrate,— tartaric acid, under conditions to be determined,— a homogeneous preparation of tartaric acid and calcium carbonate in
equivalent proportions and finely pulverised;
(m) clarification by means of one or more of the following substances for
oenological use:
— edible gelatine,
— isinglass,— casein and potassium caseinate,— ovalbumin and/or lactalbumin,— bentonite,— silicon dioxide as a gel or colloidal solution,— kaolin;— an enzymatic preparation of betaglucanase, under conditions to be
determined;
(n) addition of tannin;1999R1493 — EN — 01.01.2001 — 002.001 — 58
▼B
(o) treatment of white wines with charcoalfor oenol ogicaluse, within certain
limits,
(p) treatment, under conditions to be laid down:
— of grape must in fermentation intended for direct human consumption
as such, white wines and rosé wines with potassium ferrocyanide,
— of red wines with potassium ferrocyanide or with calcium phytate;
(q) addition of metatartaric acid within certain limits;
(r) use of acacia;
(s) use of DL tartaric acid, also called racemic acid, or of is neutral salt of
potassium, under conditions to be laid down, for precipitating excess
calcium;
(t) use, for the manufacture of sparkling wines obtained by fermentation in
bottle and with the lees separated by disgorging:
— of calcium alginate,
or
— of potassium alginate.
(ta) the use of yeasts for wine production, dry or in wine suspension, for the
production of sparkling wine;
(tb) the addition, in the production of sparkling wine, of thiamine and
ammonium salts to the basic wines, to encourage the growth of yeasts,
under the following conditions:
— for nutritive salts, diammonium phosphate or ammonium sulphate
within certain limits,
— for growth factors, thiamine in the form of thiamine hydrochloride,
within certain limits;
(u) use of discs of pure paraffin impregnated with allyl isothiocyanate to
create sterile atmosphere, solely in Member States in which it is
traditional and so long as it is not forbidden by national law, provided
that they are used only in containers holding more than 20 litres and that
there is no trace of allyl isothiocyanate in the wine;
(v) addition, to assist the precipitation of tartar, of
— potassium bitartrate
— calcium tartrate, within limits and under conditions to be determined;
(w) use of copper sulphate to eliminate defects of taste or smell in the wine,
up to certain limits;
(x) the use of preparations of yeast cell wall, within certain limits;(y) the use of polyvinylpolypyrrolidone, within certain limits and conditions
to be determined;
(z) the use of lactic bacteria in a vinous suspension under conditions to be
determined;
(za) addition of caramelwithin the meaning of Directive 94/36/EC of the
European Parliament and of the Council of 30 June 1994 on colours for
use in foodstuffs (
1) to reinforce the colour of liqueur wines and liqueur
wines psr;
(zb) addition of lysozme, within limits and under conditions to be determined.
4. Oenological practices and processes that can be used for the products referred
to in the introductory sentence to paragraph 3, solely under conditions of use
to be determined:
(a) addition of oxygen;
(b) electrodialysis treatment to ensure the tartaric stabilisation of the wine;
(c) use of a urease to reduce the level of urea in the wine.1999R1493 — EN — 01.01.2001 — 002.001 — 59
(1) OJ L 237, 10.9.1994, p. 13.
▼B
ANNEX V
LIMITS AND CONDITIONS FOR CERTAIN OENOLOGICAL PRAC-
TICES
A.Sulphur dioxide content
1. The total sulphur dioxide content of wines, other than sparkling wines and
liqueur wines, may, on their release to the market for direct human
consumption, not exceed:
(a) 160 milligrams per litre for red wines; and
(b) 210 milligrams per litre for white and rosé wines.
2. Notwithstanding paragraph 1(a) and (b), the maximum sulphur dioxide
content shall be raised, as regards wines with a residual sugar content,
expressed as invert sugar, of not less than five grams per litre, to:
(a) 210 milligrams per litre for red wines and 260 milligrams per litre for
white and rosè wines;
(b) 300 milligrams per litre for:
— wines entitled to the description ‘Spätlese’ in accordance with
Community provisions;
— quality white wines psr entitled to the registered designations of
origin Bordeaux supérieur, Graves de Vayres, Côtes de Bordeaux,
St Macaire, Première Côtes de Bordeaux, Ste-Foy Bordeaux, Côtes
de Bergerac (whether or not followed by the description ‘Côtes de
Saussignac’). Haut Montravel, Côtes de Montravel and Rosette;
— quality white wines psr entitled to the designations of origin Allela,
La Mancha, Navarra, Penedés, Rioja, Rueda, Tarragona and
Valencia;
— white quality wines psr originating in the United Kingdom
described and presented in accordance with British legislation by
the term ‘botrytis’, or other equivalent terms, such as ‘noble
harvest’, ‘noble late harvested’ or ‘special late harvested’;
— the quality white wines psr entitled to the designation of origin
Gaillac;
— the quality wines psr entitled to bear the designation of origin Alto
Adige and Trentino, described by the terms or one of the terms
‘passito’ or ‘vendemmia tardiva’;
— the quality wines psr Moscato di Pantelleria naturale and Moscato
di Pantelleria;
— the table wines with the following geographical indications, with a
total alcoholic strength by volume higher than 15 % vol. and a
residualsugar content higher than 45 g/l :
— Vin de pays de Franche-Comté,
— Vin de pays des coteaux de l'Auxois,— Vin de pays de Saône-et-Loire,— Vin de pays des coteaux de l'Ardèche,— Vin de pays des collines rhodaniennes,— Vin de pays du comté Tolosan,— Vin de pays des côtes de Gascogne,
— Vin de pays du Gers,
— Vin de pays du Lot,— Vin de pays des côtes du Tarn,— Vin de pays de la Corrèze,— Vin de pays de l'Ile de Beauté,— Vin de pays d'Oc,— Vin de pays des côtes de Thau,— Vin de pays des coteaux de Murviel;
(c) 350 milligrams per litre for wines entitled to the description ‘Auslese’
in accordance with Community provisions and white wines described
as ‘superior wine of designated origin’, in accordance with Romanian
legislation and entitled to bear one of the following names: Murfatlar,
Cotnari, Tirnave, Pietroasele, Valea Calugareasca;1999R1493 — EN — 01.01.2001 — 002.001 — 60
▼M1
▼B
▼B
(d) 400 milligrams per litre for:
— wines entitled to the descriptions ‘Beerenauslese’, ‘Ausbruch’,
‘Ausbruchwein’ and ‘Trockenbeerenauslese’ and ‘Eiswein’ in
accordance with Community provisions and quality white wines
psr entitled to the registered designations of origin Sauternes,
Barsac, Cadillac, Cérons, Loupiac, Sainte-Croix-du-Mont, Monba-
zillac, Bonnezeaux, Quarts de Chaume, Coteaux du Layon,
Coteaux de l'Aubance, Graves Supérieures and Jurançon;
— quality white wines psr entitled to one of the following registered
designations of origin: Anjou-Coteaux de la Loire, Coteaux du
Layon followed by the name of the commune of origin, Coteaux du
Layon followed by the name ‘Chaume’, Coteaux de Saumur,
Pacherenc du Vic Bilh, Alsace and Alsace grand cru followed by
the words ‘vendanges tardives’ or ‘sélection de grains nobles’;
— sweet wines produced from overripe grapes and sweet wines
produced from raisined grapes originating in Greece, with a
residualsugar content, expressed as invert sugar, of not l ess than
45 g/l and entitled to one of the following designations of origin:
Samos (Σάµος), Rhodes (Ρόδος), Patras (Πάτρα), Rio Patron ( Ρίο
Πατρών), Kephalonia ( Κεφαλονιά), Limnos ( Λήµνος), Sitia
(Σητεία), Santorini ( Σαντορίνη), Nemea ( Νεµέα), Daphnes
(∆αφνές).
3. Where climatic conditions have made this necessary it may be decided that
the Member States concerned may, in certain wine-growing zones of the
Community, authorise, for wines produced within their territory, the
maximum total sulphur dioxide levels of less than 300 milligrams per litre
referred to in this point to be increased by a maximum of 40 milligrams per
litre.
4. Member States may apply more restrictive provisions to wines produced
within their territory.
B.Volatile acid content
1. The maximum volatile acid content may not exceed:
(a) 18 milliequivalents per litre for grape must in fermentation;
(b) 18 milliequivalents per litre for white and rosé wines and, until
31 December 1989 at the latest, for the products of a ‘coupage’ of
white wine with red wine on Spanish territory; or
(c) 20 milliequivalents per litre for red wines.
2. The levels referred to in paragraph 1 shall apply:
— to products from grapes harvested within the Community, at the
production stage and at all stages of marketing;
— to grape must in fermentation and wines originating in third countries,
at all stages following their entry into the geographical territory of the
Community.
3. Provision may be made for exceptions to paragraph 1 as regards:
(a) certain quality wines psr and certain table wines designated by means
of a geographicalindication where they:
— have matured over a period of at least two years; or
— have been produced according to particular methods;
(b) wines with a total alcoholic strength by volume of at least 13 % vol.
C.Enrichment limits
1. Where climatic conditions have made it necessary in certain wine-growing
zones of the Community, the Member States concerned may allow an
increase in the natural alcoholic strength by volume of fresh grapes, grape
must, grape must in fermentation, and new wine still in fermentation,
obtained from the vine varieties referred to in Article 42(5), as well as of
wine suitable for yielding table wine and table wine.
2. An increase in natural alcoholic strength by volume may not be authorised
in respect of the products referred to in the paragraph 1 unless their
minimum natural alcoholic strength by volume is as follows
(a) in wine-growing zone A: 5 % vol.;
(b) in wine-growing zone B: 6 % vol.;1999R1493 — EN — 01.01.2001 — 002.001 — 61
▼M1
▼B
▼B
(c) in wine-growing zone C I a): 7,5 % vol.;
(d) in wine-growing zone C I b): 8 % vol.;
(e) in wine-growing zone C II: 8,5 % vol.;
(f) in wine-growing zones C III: 9 % vol.
3. The increase in natural alcoholic strength by volume shall be achieved by
means of the oenological practices referred to in point D and may not
exceed the following limits:
(a) in wine-growing zone A: 3,5 % vol.;
(b) in wine-growing zone B: 2,5 % vol.;
(c) in wine-growing zones C: 2 % vol.
4. In years when climatic conditions have been exceptionally unfavourable,
the limits on increases in the alcoholic strength by volume provided for in
the paragraph 3 may be raised to the following levels:
(a) wine-growing zone A: 4,5 % vol.;
(b) wine-growing zone B: 3,5 % vol.
D.Enrichment processes
1. The increase in natural alcoholic strength by volume provided for in
point C may 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 or concentrated grape must
or rectified concentrated grape must, or by partialconcentration
including reverse osmosis; and
(c) in respect of wine suitable for yielding table wine and table wine, by
partialconcentration through cool ing.
2. The processes mentioned in paragraph 1 shall be mutually exclusive.3. The addition of sucrose provided for in paragraph 1(a) and (b) may only be
performed by dry sugaring and only in the wine-growing zones where it is
traditionally or exceptionally practised under the legislation in force at
8 May 1970.
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
fermentation by more than 11 % in wine-growing zone A, 8 % in wine-
growing zone B and 6,5 % in wine-growing zones C.
5. If paragraph 4 of point C is applied, the limits on increases in volume shall
be raised to 15 % in wine-growing zone A and to 11 % in wine-growing
zone B.
6. The concentration of grape must, of wine suitable for yielding table wine
or of table wine subjected to this process shall not have the effect of
reducing the initialvol ume of these products by more than 20 % and in no
case shall it increase by more than 2 % vol. their natural alcoholic strength
by volume.
7. In no case shall the above mentioned processes have the effect of raising to
more than 11,5 % vol. in wine-growing zone A, 12 % vol. in wine-growing
zone B, 12,5 % vol. in wine-growing zones C I (a) and C I (b), 13 % vol. in
wine-growing zone C II and 13,5 % vol. in wine-growing zone C III the
total alcoholic strength by volume of the fresh grapes, grape must, grape
must in fermentation, new wine still in fermentation, wine suitable for
yielding table wine or table wine subjected to those processes.
8. However, for red wine, the total alcoholic strength by volume of the
products mentioned in paragraph 7 may be raised to 12 % vol. in wine-
growing zone A and 12,5 % vol. in wine-growing zone B.
9. Wine suitable for yielding table wine and table wine may not be
concentrated when the products from which they were obtained have
themselves been subjected to the processes mentioned in paragraph 1(a)
and (b).1999R1493 — EN — 01.01.2001 — 002.001 — 62
▼B
E.Acidification and deacidification
1. Fresh grapes, grape must, grape must in fermentation, new wine still in
fermentation and wine may be subject to:
(a) partialdeacidification in wine-growing zones A, B, C I (a) and C I (b);
(b) acidification and deacidification in wine-growing zones C II and
C III (a), without prejudice to paragraph 3; or
(c) acidification in wine-growing zone C III b).
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. Deacidification 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. Moreover, grape must intended for concentration may be partially de-
acidified.
6. 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 C I a) and C I b), under the conditions referred to in
paragraph 1 as regards zones C II, C III a) and C III b).
7. Acidification and enrichment, except by way of derogation to be decided
on case by case, and acidification and deacidification of one and the same
product, shall be mutually exclusive processes.
F.Sweetening
1. The sweetening of table wine shall be authorised only:
(a) with grape must which has at most the same total alcoholic strength by
volume as the table wine in question, if the fresh grapes, grape must,
grape must in fermentation, new wine still in fermentation or wine
suitable for yielding table wine, or the table wine itself, have
undergone one of the processes mentioned in paragraph 1 of point D;
(b) with concentrated grape must, or rectified concentrated grape must or
grape must, provided that the total alcoholic strength by volume of the
table wine in question is not raised by more than 2 % vol., if the
products mentioned under (a) have not undergone one of the processes
mentioned in paragraph 1 of point D.
2. The sweetening of imported wines intended for direct human consumption
and bearing a geographicalascription shal lbe forbidden within the
territory of the Community.
3. The sweetening of imported wines other than those referred to in
paragraph 2 shall be subject to rules to be determined.
G.Processes
1. None of the processes referred to in points D and E, with the exception of
the acidification and deacidification of wines, shall be authorised unless
carried out, under conditions to be determined, at the time when the fresh
grapes, grape must, grape must in fermentation or new wine still in
fermentation are being turned into wine suitable for yielding table wine,
into table wine, or into any other beverage intended for direct human
consumption referred to in Article 1(2) other than sparkling wine or
aerated sparkling wine in the wine-growing zone where the fresh grapes
used were harvested.
2. The same shall apply to the concentration, acidification and deacidification
of wine suitable for yielding table wines.
3. The concentration of table wines must take place in the wine-growing zone
where the fresh grapes used were harvested.
4. Acidification and deacidification of wines may 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.
5. Each of the processes referred to in paragraphs 1 to 4 must be notified to
the competent authorities. The same shall apply in respect of the quantities
of sucrose, concentrated grape must or rectified concentrated grape must
held in the exercise of their profession by natural or legal persons or
groups of persons, in particular producers, bottlers, processors and1999R1493 — EN — 01.01.2001 — 002.001 — 63
▼B
merchants to be determined, at the same time and in the same place as
fresh grapes, grape must, grape must in fermentation or wine in bulk. The
notification of these quantities may, however, be replaced by entry in a
goods inwards and stock utilisation register.
6. Each of the processes referred to in point E must be recorded on the
accompanying document under cover of which the products having
undergone the processes are put into circulation.
7. Those processes may, subject to derogations justified by exceptional
climatic conditions, only be carried out:
(a) before 1 January, in wine-growing zone C,
(b) before 16 March, in wine-growing zones A and B,
and only for products of the grape harvest immediately preceding those
dates.
8. However, concentration by cooling and acidification and deacidification of
wines may be practised throughout the year.
H.Sparkling wine
1. For the purposes of this point and point I of this Annex and point K of
Annex VI:
(a) ‘cuvée ’ means:
— the grape must;
— the wine;— the mixture of grape musts and/or wines with different
characteristics,
intended for the preparation of a specific type of the sparkling wines;
(b) ‘Tirage liqueur ’ means;
the product added to the cuvée to provoke secondary fermentation;
(c) ‘expedition liqueur ’ means;
the product added to the sparkling wines to give them special taste
qualities.
2. The expedition liqueur may contain only:
— sucrose,
— grape must,
— grape must in fermentation,— concentrated grape must,— rectified concentrated grape must,
— wine, or
— a mixture thereof,
with the possible addition of wine distillate.
3. Without prejudice to enrichment authorised pursuant to this Regulation
for the constituents of a cuvée, any enrichment of the cuvée shall be
prohibited.
4. However, each Member State may, in respect of regions and varieties for
which it is technically justified, authorise the enrichment of the cuvée at
the place of preparation of the sparkling wines under conditions to be laid
down. Such enrichment may be carried out by adding sucrose,
concentrated grape must or rectified concentrated grape must. It may
be carried out by adding sucrose or concentrated grape must where this
method is either traditionally or exceptionally practised in the Member
State concerned under the regulations in force at 24 November 1974,
Nevertheless, Member States may exclude the use of concentrated grape
must.
5. The addition of tirage liqueur and expedition liqueur shall be considered
neither as enrichment nor as sweetening. The addition of tirage liqueur
may not cause an increase in the total alcoholic strength by volume of the
cuvée of more than 1,5 % vol. This increase shall be measured by
calculating the difference between the total alcoholic strength by volume
of the cuvée and the total alcoholic strength by volume of the sparkling
wine before any expedition liqueur is added.
6. The addition of expedition liqueur shall be carried out in such a way as
not to increase the actual alcoholic strength by volume of the sparkling
wine by more than 0,5 % vol.1999R1493 — EN — 01.01.2001 — 002.001 — 64
▼B
7. Sweetening of the cuvée and its constituents shall be prohibited.
8. In addition to any acidification or deacidification of the constituents of
the cuvée in accordance with the other provisions of this Annex the cuvée
may be subject to acidification or deacidification. Acidification and
deacidification of the cuvée shall be mutually exclusive. Acidification
may be carried out only up to a maximum of 1,5 grams per litre,
expressed as tartaric acid, i.e. 20 milliequivalents per litre.
9. In years of exceptionalweather conditions, the maximum l imit of
1,5 grams per litre or 20 milliequivalents per litre may be raised to
2,5 grams per litre or 34 milliequivalents per litre, provided that the
natural acidity of the products is not less than 3 g/l, expressed as tartaric
acid, or 40 milliequivalents per litre.
10. The carbon dioxide contained in the sparkling wines may be produced
only as a result of the alcoholic fermentation of the cuvée from which
such wine is prepared.
Such fermentation, unless it is intended for processing grapes, grape must
or grape must in fermentation directly into sparkling wine, may result
only from the addition of tirage liqueur. It may take place only in bottles
or in closed tanks.
The use of carbon dioxide in the case of the process of transfer by
counter-pressure is authorised under supervision and on condition that the
pressure of the carbon dioxide contained in the sparkling wine is not
thereby increased.
11. Regarding sparkling wines other than quality sparkling wines and quality
sparkling wines psr:
(a) the total alcoholic strength by volume of the cuvées intended for their
preparation shall be not less than 8,5 % vol.;
(b) the tirage liqueur intended for their preparation may contain only:
— grape must,
— grape must in fermentation,— concentated grape must,
— rectified concentrated grape must, or
— sucrose and wine:
(c) without prejudice to Article 44(3), their actual alcoholic strength by
volume, including the alcohol contained in any expedition liqueur
added, shall be not less than 9,5 % vol.;
(d) without prejudice to any more restrictive provisions which Member
States may apply to sparkling wines produced on their territory, their
total sulphur dioxide content may not exceed 235 milligrams per litre;
(e) where climatic conditions have made it necessary in certain wine-
growing zones of the Community, the Member States concerned may
authorise, for the wines referred to in paragraph 1 in their territory,
the totalmaximum sul phur dioxide content to be increased by up to
40 milligrams per litre, provided that the wine covered by this
authorisation is not sent outside the Member State in question.
I.Quality sparkling wine
1. The total alcoholic strength by volume of the cuvées intended for their
preparation shall be not less than 9 % vol.,
2. The tirage liqueur intended for the production of a quality sparkling wine
may contain only:
(a) sucrose,
(b) concentrated grape must,
(c) rectified concentrated grape must,
(d) grape must or grape must in fermentation from which a wine suitable
for producing a table wine may be produced,
(e) wine suitable for producing a table wine,
(f) table wine
or
(g) quality wines psr.
3. As regards quality aromatic sparkling wines:
(a) except by way of derogation, these may be obtained only by making
exclusive use, when constituting the cuvée, of grape must or grape1999R1493 — EN — 01.01.2001 — 002.001 — 65
▼B
must in fermentation which are derived from wine varieties on a list to
be drawn up.
However, quality sparkling wine of the aromatic type may be produced
by using as constituents of the cuvée wines obtained from grapes of the
‘Prosecco’ wine variety harvested in the regions of Trentino-Alto
Adige, Veneto and Friuli-Venezia Giulia;
(b) controlof the fermentation process before and after the constitution of
the cuvée may be carried out, for the purpose of making the cuvée
sparkling, only by refrigeration or by other physical processes;
(c) the addition of an expedition liqueur is prohibited;
(d) by way of derogation from point K 4 of Annex VI, the actual alcoholic
strength by volume of quality aromatic sparkling wines may not be
less than 6 % vol.;
(e) the total alcoholic strength of quality aromatic sparkling wines may
not be less than 10 % vol.;
(f) by way of derogation from the first paragraph of point K.6 of
Annex VI, when kept at a temperature of 20 ºC in closed containers,
quality aromatic sparkling wines must have an excess pressure of not
less than 3 bar;
(g) by way of derogation from point K.8 of Annex VI, the duration of the
process of producing quality aromatic sparkling wines may not be less
than one month.
4. Producer Member States may define any supplementary or more stringent
characteristics or conditions of production and circulation for the quality
sparkling wines covered by this Title and produced in their territory.
5. The manufacture of quality sparkling wines is also covered by the rules
referred to in
— paragraphs 1 to 10 of point H;
— paragraphs 4 and 6 to 9 of Annex VI, point K, without prejudice to
paragraphs 3(d), (f) and (g) of this point I.
J.Liqueur wine
1. For the preparation of liqueur wine, the following products shall be used:
— grape must in fermentation; or
— wine; or— mixtures of products referred to in the preceding indents; or— grape must or a mixture thereof with wine, for certain quality liqueur
wines psr appearing on a list to be drawn up.
2. Furthermore, the following shall be added:
(a) in the case of liqueur wines and quality liqueur wines psr other than
those referred to in (b):
(i) the products below, either individually or in combination:
— neutral alcohol obtained from the distillation of products of the
wine sector, including dried grapes, having an alcoholic
strength of not less than 96 % vol. and displaying the
characteristics specified by Community provisions;
— wine distillate or dried grape distillate with an alcoholic
strength of not less than 52 % vol., and not more than 86 %
vol., and displaying the characteristics to be determined;
(ii) together with one or more of the following products, where
appropriate:
— concentrated grape must;
— the product obtained from combining one of the products listed
under (i) with a grape must referred to in the first or fourth
indent of paragraph 1;
(b) as regards certain quality liqueur wines psr appearing on a list to be
drawn up:
(i) either the products listed in (a), under (i), individually or in
combination;
(ii) or one or more of the following products:
— wine alcohol or dried grape alcohol with an alcoholic strength
of not less than 95 % vol. and not more than 96 % vol. and
with the characteristics specified by Community provisions,
or, in the absence of the latter, by the relevant national
provisions;1999R1493 — EN — 01.01.2001 — 002.001 — 66
▼B
— spirits distilled from wine or from grape marc with an
alcoholic strength of not less than 52 % vol. and not more
than 86 % vol. and displaying the characteristics specified by
Community provisions or, in the absence of the latter, by the
relevant national provisions;
— spirits distilled from dried grapes with an alcoholic strength of
not less than 52 % vol. and less than 94,5 % vol. and
displaying the characteristics specified by the Community
provisions or, in the absence thereof, by the relevant national
provisions;
(iii) together with 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;
— the product obtained from combining one of the products
listed under (ii) with a grape must referred to in the first or
fourth indent of paragraph 1.
3. The products referred to in paragraph 1 and used for preparing liqueur
wines and quality liqueur wines psr may have undergone, where
appropriate, only the oenological practices and processes referred to in
this Regulation.
4. However:
(a) the increase in natural alcoholic strength by volume may be due only
to the use of the products referred to in paragraph 2; and
(b) derogations may be adopted for specified products, where this is a
traditional practice, to permit the use of calcium sulphate to be
authorised by the Member State concerned, provided that the sulphate
content of the product so treated is not more than 2,5 g/l, expressed as
potassium sulphate. Moreover, these products may undergo additionalacidification by means of tartaric acid up to a maximum limit of 1,5 g/
l.
5. Without prejudice to any provisions of a more restrictive nature which the
Member States may adopt for liqueur wines and quality liqueur wines psr
prepared within their territory, such products shall be authorised to
undergo the oenological practices and processes referred to in this
Regulation.
6. The following are also authorised:
(a) sweetening, subject to a declaration and registration requirement,
where the products used have not been enriched with concentrated
grape must, by means of:
— concentrated grape must or rectified concentrated grape must,
provided that the increase in the total alcoholic strength by volume
of the wine in question is not more than 3 % vol.;
— concentrated grape must or rectified concentrated grape must or
partially fermented grape must, obtained from raisined grapes, for
products to be listed and provided that the increase in the total
alcoholic strength by volume of the wine in question is not more
than 8 % vol.;
— concentrated grape must or rectified concentrated grape must for
wines to be listed and provided that the increase in the total
alcoholic strength by volume of the wine in question is not more
than 8 % vol.;
(b) the addition of alcohol, distillate or spirits, as referred to in
paragraphs 1 and 2, in order to compensate for losses due to
evaporation during ageing;
(c) ageing in vessels at a temperature not exceeding 50 ºC, for products to
be listed.
7. Without prejudice to any provisions of a more restrictive nature which the
Member States may adopt for liqueur wines and quality liqueur wines psr
prepared within their territory, the totalsul phur dioxide content of such
wines, when released to the market for direct human consumption, may not
exceed:
(a) 150 mg/l where the residual sugar content is less than 5 g/l;
(b) 200 mg/lwhere the residualsugar content is more than 5 g/l .1999R1493 — EN — 01.01.2001 — 002.001 — 67
▼B
8. The vine varieties from which the products referred to in paragraph 1 are
produced, used for the preparation of liqueur wines and quality liqueur
wines psr, shall be selected from those referred to in Article 42(5).
9. The natural alcoholic strength by volume of the products referred to in
paragraph 1 used for the preparation of a liqueur wine, other than a quality
liqueur wine psr, may not be less than 12 % vol.1999R1493 — EN — 01.01.2001 — 002.001 — 68
▼B
ANNEX VI
QUALITY WINE PSR
A.Specified regions
1. ‘Specified region ’ shall mean a wine-growing area or a combination of
wine-growing areas which produces wines with particular quality
characteristics and whose name is used to designate quality wines psr.
2. Each specified region shall be precisely demarcated, as far as possible on
the basis of the individualvineyardyard or vineyardyard pl ot. Such
demarcation shall be effected by each Member State concerned and shall
take into account the factors which contribute towards the quality of the
wines produced in those regions, such as the nature of the soiland subsoil ,
the climate and the situation of the individual vineyardyard or vineyard
plot.
3. The specified region is designated by its geographicalname.
However, the appellations:
— ‘Muscadet’,
— ‘Blanquette’,
— ‘Vinho Verde’,— ‘Cava’, applied to certain quality sparkling wines psr,— ‘Manzanilla’
are recognised as the names of the respective specified regions demarcated
and regulated by the relevant Member States before 1 March 1986.
As regards still wines, the word ‘ Κάβα ’ and/or ‘Cava’ may be used to
designate Greek table wines, as information relating to the ageing of such
wines.
4. The geographicalname designating a specified region must be sufficientl y
precise and familiarly linked to the area of production so that, taking
account of the existing situations, confusion may be avoided.
B.Vine Varieties
1. Each Member State shall draw up a list of the vine varieties, referred to in
Article 19, suitable for producing each of the quality wines psr produced in
its territory. These varieties must be of the species Vitis vinifera .
2. Vine varieties which do not appear on the list referred to in paragraph 1
shall be removed from the vineyards or vineyard plots intended for the
production of quality wine psr.
3. However, notwithstanding the foregoing paragraph, the presence of a vine
variety which does not appear on the list may be permitted by Member
States for a period of three years from the date on which the demarcation
of a specified region comes into effect, where the said demarcation was
made after 31 December 1979, provided that such vine variety belongs to
the species Vitis vinifera and that it does not represent more than 20 % of
the vine varieties on the vineyard or vineyard plot involved.
4. At the latest by the end of the period laid down in paragraph 3, any
vineyard or vineyard plot intended for the production of quality wines psr
may consist only of vine varieties appearing on the list provided for in
paragraph 1. Where this provision is not observed, none of the wines
obtained from grapes harvested within the vineyard or vineyard plot shall
be entitled to the designation ‘quality wine psr’.
C.Wine-growing methods
1. Each Member State shall lay down the provisions regarding wine-growing
methods which are required in order to ensure the best possible quality for
quality wines psr.
2. Irrigation within a wine-growing zone may be carried out only to the
extent that the Member State concerned has authorised it. Such
authorisation may be granted only where ecological conditions justify it.1999R1493 — EN — 01.01.2001 — 002.001 — 69
▼B
D.Processing areas
1. Quality wines psr may be produced only:
(a) from grapes of wine varieties which appear on the list provided for in
paragraph 1 of point B and are harvested within the specified region;
(b) by processing grapes as referred to in subparagraph (a) into grape must
and processing the must thus obtained into wine or sparkling wine, as
well as by the production of such wine, within the specified region
where the grapes used were harvested.
2. Notwithstanding paragraph 1(a), in the case of a traditionalpractice
governed by specialprovisions of the Member State of production, that
Member State may until31 August 2003 at the l atest, by means of express
authorisations and subject to suitable controls, permit that a quality
sparkling wine psr be obtained by adding to the basic product from which
the wine is made one or more wine-sector products which do not originate
in the specified region whose name the wine bears, provided that:
— the type of added wine-sector product is not produced in that specified
region with the same characteristics as products not originating therein,
— the adjustment is consistent with the oenological practices and
definitions referred to in the relevant Community provisions,
— the totalvol ume of added wine-sector products which do not originate
in the specified region does not exceed 10 % of the totalvol ume of
products used which originate in the specified region. However the
Commission may, in accordance with the procedure laid down in
Article 75, authorise the Member State to allow in exceptional cases a
percentage of added products higher than 10 %, but not more than
15 %.
The exception referred to in the first subparagraph shall be applicable
provided that such an arrangement was allowed for by the provisions of the
producer Member State concerned before 31 December 1995.
Member States shall draw up a list of the names of the quality sparkling
wines psr referred to in this paragraph and shall forward it to the
Commission, which shall publish it in the ‘C’ series of the Official Journal
of the European Communities .
3. Notwithstanding paragraph 1(b), a quality wine psr, other than a quality
sparkling wine psr, may be produced in an area in immediate proximity to
the specified region concerned, where this has been expressly authorised
by the Member State concerned subject to certain conditions.
Moreover, Member States may, by means of individualauthorisations
subject to appropriate control, permit a quality wine psr to be produced by
processing grapes into must and must into wine, as well as by producing
such wine, even outside an area in immediate proximity to the specified
region concerned, in the case of a traditionalpractice, provided this
practice:
— was in use before 1 September 1970 or, in the case of Member States
which acceded to the Community after that date, before the effective
date of their accession;
— has continued without interruption since those dates; and— involves quantities which, for the processor in question, have not
increased since by more than those corresponding to the generalmarket
trend.
4. Notwithstanding paragraph 1(b), a quality sparkling wine psr may be
produced in an area in immediate proximity to the specified region
concerned, where this has been expressly authorised by the Member State
concerned subject to certain conditions.
Moreover, Member States may, by means of individualauthorisations or
express authorisations lasting for less than five years subject to appropriate
control, permit a quality sparkling wine psr to be produced, even outside
an area in immediate proximity to the specified region concerned in the
case of a traditionalpractice, provided this practice was in use before
24 November 1974, or, in the case of Member States which acceded to the
Community after that date, before the effective date of their accession.
5. Any naturalor l egalperson or group of persons which has grapes or musts
which satisfy the conditions laid down for obtaining quality wines psr on
the one hand and other products not satisfying these conditions on the other
hand, shall ensure a separate wine-making process and storage for the
former; otherwise, the wine obtained cannot be considered as quality wine
psr.1999R1493 — EN — 01.01.2001 — 002.001 — 70
▼B
6. The provisions of this point D, other than paragraph 5, shall not apply to
quality liqueur wines psr.
E.Minimum natural alcoholic strength by volume
1. Each Member State shall fix a minimum natural alcoholic strength by
volume for each of the quality wines psr obtained in its territory. When this
natural alcoholic strength by volume is being determined, account shall be
taken in particular of the alcoholic strengths which have been recorded
over the ten preceding years. Only harvests of satisfactory quality from the
most representative soils of the specified region shall be considered.
2. The minimum natural alcoholic strength by volume referred to in
paragraph 1 may be fixed at different levels for the same quality wine
psr depending on:
(a) the sub-region, local administrative area or part thereof;
(b) the wine variety or varieties,
from which the grapes used are obtained.
3. Except by way of derogation, and except for quality sparkling wines psr
and quality liqueur wines psr, the alcoholic strengths referred to inparagraph 1 may not be less than:
(a) 6,5 % vol. in zone A with the exception of the specified regions
Mosel-Saar-Ruwer, Ahr, Mittelrhein, Sachsen, Saale-Unstrut, Moselle
luxembourgeoise, England and Wales, in which the said alcoholic
strength shall be 6 % vol.;
(b) 7,5 % vol. in zone B;
(c) 8,5 % vol. in zone C I a);
(d) 9 % vol. in zone C I b);
(e) 9,5 % vol. in zone C II;
(f) 10 % vol. in zones C III.
F.Vinification and manufacturing methods
1. The specific vinification and manufacturing methods used for obtaining
quality wines psr shall be laid down for each of those wines by Member
States.
2. Where weather conditions have made it necessary in one of the wine-
growing zones referred to in point E, the Member States concerned may
permit an increase in the (actual or potential) natural alcoholic strength by
volume of fresh grapes, grape must, grape must in fermentation, new wine
still in fermentation and wine, suitable for yielding quality wine psr, with
the exception of products intended for processing into quality liqueur wine
psr. The increase may not exceed the limits laid down in paragraph 3 of
point C of Annex V.
3. In years when weather conditions have been exceptionally unfavourable, it
may be decided that the increase in alcoholic strength provided for in
paragraph 2 may attain the limits laid down in paragraph 4 of point C of
Annex V. Such authorisation shall not prejudice the possibility of a similar
authorisation for table wines as provided for in that paragraph.
4. The increase in natural alcoholic strength by volume may be effected only
in accordance with the methods and conditions referred to in point D of
Annex V, excepting paragraph 7 thereof. However, Member States mayexclude the use of concentrated grape must.
5. The total alcoholic strength by volume of quality wines psr shall not be
less than 9 % vol. However, for certain white quality wines psr appearing
on a list to be adopted that have undergone no enrichment, the minimum
total alcoholic strength by volume shall be 8,5 % vol. This paragraph shall
not apply to quality sparkling wines psr and quality liqueur wines psr.
G.Acidification, deacidification and sweetening
1. The conditions and limits for the acidification and deacidification of fresh
grapes, grape must, grape must in fermentation, new wine still in
fermentation and wine, suitable for yielding quality wine psr, and the
procedure for granting authorisations and derogations, shall be those laid
down in point E of Annex V.1999R1493 — EN — 01.01.2001 — 002.001 — 71
▼B
2. The sweetening of a quality wine psr may be authorised by a Member State
only if it is carried out:
(a) in compliance with the conditions and limits laid down in point F of
Annex V;
(b) within the specified region in which the quality wine psr was
produced, or within an area in immediate proximity, except in certain
cases to be determined;
(c) using one or more of the following products:
— grape must;
— concentrated grape must;— rectified concentrated grape must.
3. The grape must and concentrated grape must referred to in subparagraph (c)
of paragraph 2 must originate in the same specified region as the wine for
the sweetening of which it is used.
4. This point G shall not apply in respect of quality sparkling wines psr and
quality liqueur wines psr.
H.Enrichment, acidification and deacidification processes
1. Each of the enrichment, acidification and deacidification operations
referred to in point F and paragraph 1 of point G shall be authorised
only if carried out under the conditions laid down in point G of Annex V.
2. Subject to the provisions of paragraph 4 of point D, such operations may
be carried out only in the specified region where the fresh grapes used
were harvested.
I.Yields per hectare
1. A yield per hectare expressed in quantities of grapes, of grape must or of
wine shall be fixed for each quality wine psr by the Member State
concerned.
2. When this yield is being fixed, account shall be taken in particular of the
yields obtained over the preceding ten years. Only harvests of satisfactory
quality from the most representative soils of the specified region shall be
considered.
3. The yield per hectare may be fixed at different levels for the same quality
wine psr depending on:
(a) the sub-region, local administrative area or part thereof; and
(b) the wine variety or varieties,
from which the grapes used are derived.
4. The yield so fixed may be adjusted by the Member State concerned.5. Use of the designation claimed shall be prohibited for the entire harvest if
the yield referred to in paragraph 1 is exceeded, save where derogations are
provided for, on a generalor individualbasis, by Member States under
conditions which they shall lay down, if appropriate, according to wine-
growing area; these conditions shall relate in particular to the use to which
the wines or products in question are to be put.
J.Analytical and organoleptic tests
1. Producers shall be obliged to submit wines for which they are requesting
the designation ‘quality wine psr’ to an analytical and to an organoleptic
test where:
(a) the analytical test shall at least measure the factors, among those listed
in point 3, enabling the quality wine psr in question to be
distinguished. The upper and lower limits for such factors shall be
laid down by the producer Member State in respect of each quality
wine psr; and
(b) the organoleptic test shall relate to colour, clarity, smell and taste.
2. Untilappropriate provisions rel ating to their systematic and general
application are adopted, the tests provided for in paragraph 1 may be
carried out on samples by the competent agency designated by each of the
Member States.1999R1493 — EN — 01.01.2001 — 002.001 — 72
▼B
3. The facors referred to in point 1(a) shall be the following:
A. Tests of wine behaviour:
1. behaviour in air
2. behaviour in cold;
B. microbiological test:
3. behaviour in incubator
4. appearance of wine and of deposit;
C. physicaland chemicalanal ysis:
5. density
6. alcoholic strength7. totaldry extract (obtained by densimetry)
8. reducing sugars
9. sucrose
10. ash11. alkalinity of ash
12. totalacidity
13. volatile acidity14. fixed acidity15. pH
16. free sulphur dioxide
17. totalsul phur dioxide;
D. additionalanal ysis
18. carbon dioxide (semi-sparkling and sparkling wines, excess
pressure in bar at 20 ºC).
K.Quality sparkling wine psr
1. The total alcoholic strength by volume of the cuvées intended for the
manufacture of quality sparkling wines psr shall be not less than:
— 9,5 % vol. in wine-growing zones C III;
— 9 % vol. in other wine-growing zones.
2. However, the cuvées intended for the manufacture of certain quality
sparkling wines psr appearing on a list to be adopted and manufactured
from a single wine variety, may have a total alcoholic strength by volume
not less than 8,5 % vol.
3. A list of the quality sparkling wines psr referred to in paragraph 2 shall be
drawn up.
4. The actual alcoholic strength by volume of quality sparkling wines psr,
including the alcohol contained in any expedition liqueur added, shall be
not less than 10 % vol.
5. The tirage liqueur for quality sparkling wines psr may contain only:
(a) sucrose;
(b) concentrated grape must;
(c) rectified concentrated grape must;
(d) grape must;
(e) grape must in fermentation;
(f) wine;
(g) quality wine psr,
suitable for yielding the same quality sparkling wine psr as that to which
the tirage liqueur is added.
6. Notwithstanding point 15 of Annex I, quality sparkling wines psr, when
kept at a temperature of 20 ºC in closed containers, shall have an excess
pressure of not less than 3,5 bars.
However, for quality sparkling wines psr kept in containers of a capacity
of less than 25 centilitres, the minimum excess pressure shall be 3 bars.
7. Without prejudice to any more restrictive provisions which Member
States may apply to quality sparkling wines psr produced within their1999R1493 — EN — 01.01.2001 — 002.001 — 73
▼B
territory, the total sulphur dioxide content of these sparkling wines shall
not exceed 185 milligrams per litre. Where weather conditions have so
necessitated in certain wine-growing areas of the Community, the
Member States concerned may allow the total sulphur dioxide content of
quality sparkling wines psr wines produced within their territory to be
increased by up to 40 milligrams per litre, provided that products which
have received this authorisation are not sent outside the Member States in
question.
8. The duration of the process of making quality sparkling wines psr,
including ageing in the undertaking where they are made and reckoned
from the start of the fermentation process designed to make the wines
sparkling, may not be less than:
(a) six months where the fermentation process designed to make the
wines sparkling takes place in closed tanks;
(b) nine months where the fermentation process designed to make the
wines sparkling takes place in the bottles.
9. The duration of the fermentation process designed to make the cuvée
sparkling and the duration of the presence of the cuvée on the lees shall
not be less than:
— 90 days;
— 30 days if the fermentation takes place in containers with stirrers.
10. Quality sparkling wines psr of the aromatic type:
(a) except by way of derogation, these wines may be obtained solely by
using, for constituting the cuvée, grape must or partially fermented
grape must of wine varieties on a list to be drawn up, provided that
these varieties are recognised as suitable for the production of quality
sparkling wines psr in the specified region whose name the quality
sparkling wines psr bear;
(b) controlof the fermentation process before and after the cuvée has
been constituted, in order to render the cuvée sparkling, may be
effected only by refrigeration or other physical processes;
(c) the addition of expedition liqueur shall be prohibited;
(d) notwithstanding point 4, the actual alcoholic strength by volume of
quality sparkling wines psr of the aromatic type may not be less than
6 % vol.;
(e) the total alcoholic strength by volume of quality sparkling wines psr
of the aromatic type may not be less than 10 % vol.;
(f) notwithstanding the first paragraph of point 6, quality sparkling wines
psr of the aromatic type which are kept at a temperature of 20 ºC in
closed containers shall be an excess pressure of not less than 3 bars;
(g) notwithstanding point 8, the duration of the process of making quality
sparkling wines psr of the aromatic type may not be less than one
month.
11. The rules set out in Annex V, point H, paragraphs 1 to 10 also apply to
quality sparkling wine psr.
L.Quality liqueur wine psr (provisions other than those included in
Annex V, point H and concerning specifically quality liqueur wine psr)
1. Subject to derogations to be adopted, the products referred to in
paragraph 1 of point J of Annex V and the concentrated grape must or the
partially fermented grape must obtained from raisined grapes referred to
in paragraph 2 of that point, used for the preparation of a quality liqueur
wine psr, must be obtained from the specified region of which the quality
liqueur wine psr in question bears the name.
However, for the quality liqueur wines psr ‘Málaga’ and ‘Jerez-Xérès-
Sherry’ the concentrated grape must or, pursuant to Article 44(11), the
partially fermented grape must from raisined grapes, as referred to in
paragraph 2 of point J of Annex V, obtained from the Pedro Ximénez
wine variety may come from the specified region Montilla-Moriles.
2. Subject to derogations to be adopted, the operations referred to in
paragraphs 3 to 6 of point J of Annex V for the preparation of quality
liqueur wines psr may be performed only within the specified region
referred to in paragraph 1.
However, as regards the quality liqueur wine psr for which the
designation ‘Porto’ is reserved for the product prepared from grapes
obtained from the region delimited as the ‘Douro’, the additional1999R1493 — EN — 01.01.2001 — 002.001 — 74
▼B
manufacturing and ageing processes may take place either in the
aforementioned delimited region or in Vila Nova de Gaia — Porto.
3. Without prejudice to any provisions of a more restrictive nature which the
Member States may adopt for quality liqueur wines psr prepared within
their territory:
(a) the natural alcoholic strength by volume of the products referred to in
paragraph 1 of point J of Annex V used for the preparation of a
quality liqueur wine psr may not be less than 12 % vol. However,
some quality liqueur wines psr on a list to be drawn up may be
obtained from:
(i) grape must with a natural alcoholic strength by volume of not
less than 10 % vol. in the case of quality liqueur wines psr
obtained by the addition of spirit obtained from wine or grape
marc with a registered designation of origin, possibly from the
same holding; or
(ii) fermenting grape must or, in the case of the second indent below,
from wine with an initial natural alcoholic strength by volume of
not less than:
— 11 % vol. in the case of quality liqueur wines psr obtained by
the addition of neutral alcohol, or of a distillate of wine with
an actual alcoholic strength by volume of not less than 70 %
vol., or of spirit of vinous origin;
— 10,5 % vol. for wines to be listed prepared from white grape
must;
— 9 % vol. in the case of a quality liqueur wine psr, the
production of which is traditionaland customary in
accordance with the nationall aws which made express
provision for such a wine;
(b) the actual alcoholic strength by volume of a quality liqueur wine psr
may not be less than 15 % vol. or more than 22 % vol.;
(c) the total alcoholic strength by volume of a quality liqueur wine psr
may not be less than 17,5 % vol.
4. However, the total alcoholic strength by volume may be less than 17,5 %
vol., but not less than 15 % vol., for certain quality liqueur wines psr on a
list to be drawn up where national laws applicable thereto before
1 January 1985 expressly so provided.
5. The specific, traditionalnames ‘ οίνος γλυκύς φυσικός ’, ‘vine dulce
natural’, ‘vino dolce naturale’ and ‘vinho dolce natural’ shall be used
only for quality liqueur wines psr:
— obtained from harvests at least 85 % of which are of the wine varieties
appearing on a list to be drawn up,
— derived from musts with an initialnaturalsugar content of at l east
212 grams per litre,
— obtained by adding alcohol, distillate or spirits, as referred to in
Annex V, paragraph 2 of point J to the exclusion of any other
enrichment.
6. Insofar as is necessary to conform to traditionalproduction practices,
Member States may, for quality liqueur wines psr produced within their
territory, stipulate that the specific traditional name ‘vin doux naturel’ is
used only for quality liqueur wines psr which are:
— made directly by producers harvesting the grapes and exclusively
from their harvests of muscat, grenache, maccabeo or malvasia
grapes: however, harvests may be included which have been obtained
from vineyards that are also planted with vine varieties other than the
four indicated above provided these do not constitute more than 10 %
of the totalstock,
— obtained within the limit of a yield per hectare of 40 hl of grape must
referred to in Annex V, paragraph 1 or point J, first and forth indents,
any greater yield resulting in the entire harvest ceasing to be eligible
for the description ‘vin doux naturel’,
— derived from a grape must with an initialnaturalsugar content of at
least 252 grams per litre,
— obtained, to the exclusion of any other enrichment, by the addition of
alcohol of vinous origin amounting in pure alcohol to a minimum of
5 % of the volume the grape must in fermentation used and a
maximum represented by the lower of the following two proportions:
— either 10 % of the volume of the abovementioned grape must
used, or1999R1493 — EN — 01.01.2001 — 002.001 — 75
▼B
— 40 % of the total alcoholic strength by volume of the finished
product represented by the sum of the actual alcoholic strength by
volume and the equivalent of the potential alcoholic strength by
volume calculated on the basis of 1 % vol. or pure alcohol for
17,5 grams of residualsugar per l itre.
7. The names referred to in paragraphs 5 and 6 may not be translated;
however:
— they may be accompanied by an explanatory note in a language
understood by the finalconsumer,
— in the case of products produced in Greece in accordance with
paragraph 6 and in circulation within the territory of that Member
State, the name ‘vin doux naturel’ may be accompanied by the name
‘οίνος γλυκύς φυσικός ’.
8. The specific traditional name ‘vino generoso’ shall be used only for dry
quality liqueur wines psr developed under flor and
— obtained only from white grapes obtained from the Palomino de Jerez,
Palomino fino, Pedro Ximénez, Verdejo, Zalema and Garrido Finovine varieties,
— released to the market after they have been matured for an average of
two years in oak barrels.
Development under flor as referred to in the first subpragraph means the
biological process which, occurring when a film of typical yeasts
develops spontaneously at the free surface of the wine after total alcoholic
fermentation of the must, gives the product specific analytic and
organoleptic characteristics.
9. The name referred to in point 8 may not be translated. However, it may
be accompanied by an explanatory note in a language understood by the
finalconsumer.
10. The specific traditional name ‘vinho generoso’ shall be used only for the
quality liqueur wines psr ‘Porto’, ‘Madeira’, ‘Moscatel de Setúbal’ and
‘Carcavelos’ in association with the respective registered designation of
origin.
11. The specific traditional name ‘vino generoso de licor’ shall be used only
for the quality liqueur wine psr:
— obtained from ‘vino generoso’, as referred to in point 8, or from wine
under flor capable of producing such a ‘vino generoso’, to which
either partially fermented grape must obtained from raisined grapes or
concentrated grape must has been added,
— released to the market after it has been matured for an average of two
years in oak barrels.
12. The name referred to in point 11 may not be translated. However, it may
be accompanied by an explanatory note in a language understood by thefinalconsumer.1999R1493 — EN — 01.01.2001 — 002.001 — 76
▼B
ANNEX VII
DESCRIPTION, DESIGNATION, PRESENTATION AND PROTECTION
OF CERTAIN PRODUCTS OTHER THAN SPARKLING WINES
For the purposes of this Annex:
—‘labelling ’ means all descriptions and other references, symbols, illustrations
and marks which serve to distinguish the product and which appear on the
same container, including the closure, or on tags attached to the container.
Certain references, symbols and marks to be determined do not form part of
the labelling;
—‘packaging ’ means protective wrappings, such as paper, straw envelopes of all
kinds, cartons and cases, used in the transport of one or more containers and/
or for presenting them with a view to sale to the final consumer.
A.Compulsory particulars
1. Labelling:
(a) tables wines, table wines with geographical indication and quality
wines psr;
(b) wines originating in third countries other than those referred to under
(c);
(c) liqueur wines, semi-sparkling wines and aerated semi-sparkling wines
covered by Annex I and such wines originating in third countries
shall be required to contain the following particulars:
— the sales designation of the product;
— the nominalvol ume;— the actual alcoholic strength by volume;— the lot number in accordance with Council Directive 89/396/EEC of
14 June 1989 on indications or marks identifying the lot to which a
foodstuff belongs (
1).
2. The sales description shall consist of:
(a) in the case of table wines, the words ‘table wine’, and
— in the case of despatch to another Member or exporting State, the
name of the Member State if the grapes are produced and made
into wine in that State;
— the words ‘mixture of wines from different countries of the
European Community’ in the case of wines resulting from a
mixture of products originating in a number of Member States;
— the words ‘wine obtained in … from grapes harvested in …’,
supplemented by the names of the Member States concerned in the
case of wines produced in a Member State from grapes harvested
in another Member State;
— the words ‘retsina’ and ‘vino tinto de mezcla’ in the case of certain
table wines;
(b) in the case of table wines with geographical indication:
— the words ‘table wine’,
— the name of the geographicalunit,— one of the following terms, under conditions to be determined:
‘Landwein’, ‘vin de pays’, ‘indicazione geografica tipica’,
‘ονοµασία κατά παράδοςη ’, ‘οίνος τοπικός ’, ‘vino de la tierra’,
‘vinho regional’ or ‘regional wine’; where such a term is used, the
words ‘table wine’shall not be required;
(c) in the case of quality wines psr:
— the name of the production area,
— subject to derogations to be determined
— the words ‘quality wine produced in a specified region’ or ‘quality
wine psr’,
— the words ‘quality liqueur wine produced in a specified region’
or ‘quality liqueur wine psr’,
— ‘quality semi-sparkling wine produced in a specified region’or
‘quality semi-sparkling wine psr’, or1999R1493 — EN — 01.01.2001 — 002.001 — 77
(1) OJ L 186, 30.6.1989, p. 21.
▼B
— a traditional specific particular included in a list to be drawn
up, or severalof those particul ars where provided for by the
provisions of the Member State concerned;
(d) in the case of imported wines, the word ‘wine’, which must be
supplemented by the name of the country of origin and, when they are
designated with a geographicalindication, by the name of the
geographicalarea in question;
(e) for liqueur wines, the words ‘liqueur wine’;
(f) for semi-sparkling wines, the words ‘semi-sparkling wine’;
(g) for aerated semi-sparkling wines, the words ‘aerated semi-sparkling
wine’;
(h) for the wines referred to in (e), (f) and (g), originating in third
countries, particulars to be determined.
3. Labelling:
(a) table wines, table wines with geographical indication and quality
wines psr;
(b) wines originating in third countries,
must include, in addition to the particulars set out in paragraphs 1 and 2,
the indication:
— the name or corporate name of the bottler, the local administrative area
and the Member State or, for containers with a nominalvol ume of
more than 60 litres, the consignor,
— for imported wines, the importer or, when bottling took place in the
Community, the bottler.
4. The labelling of liqueur wines, semi-sparkling wines, aerated semi-
sparkling wines and such wines originating in third countries shall be
supplemented by particulars to be determined corresponding to those
referred to in paragraphs 2 and 3.
B.Optional particulars
1. The labelling of the products obtained in the Community may be
supplemented by the following particulars, under conditions to be
determined:
(a) in the case of table wines, table wines with geographical indication and
quality wines psr:
— the name(s), title(s) and address(es) of the person(s) that took part
in marketing,
— the type of product,— a particular colour in accordance with the rules laid down by the
Member State of production;
(b) in the case of table wines with geographical indication and quality
wines psr:
— the vintage year,
— the name of one or more vine varieties,— an award, medalor competition,— indications concerning the means used to obtain or method used to
manufacture the product,
— other traditionalterms in accordance with the provisions l aid down
by the Member State of production,
— the name of a vineyard,— a term indicating that the wine was bottled:
— on the estate, or
— by a group of vineyards, or— in a vineyard situated in the region of production or, as regards
quality wines psr, in the immediate vicinity thereof;
(c) in the case of quality wine psr:
— reference to a geographical area smaller than the region specified
in accordance with the provisions laid down by the Member State
of production,
— reference to a geographicalarea l arger than the region defined in
order to specify the origin of a quality wine psr.
— information to the effect that bottling took place in the specified
region, provided that such information is traditionaland customary
in the specified region concerned.1999R1493 — EN — 01.01.2001 — 002.001 — 78
▼B
2. Optionalparticul ars corresponding to those referred to in point 1 are to be
determined for liqueur wines, semi-sparkling wines, aerated semi-sparkling
wines and wines originating in third countries.
This point does not prejudice the possibility for Member States to adopt
rules for the designation of these products until such time as the
corresponding Community rules are implemented.
3. In the case of the products referred to in paragraph 1 of point A, the
labelling may be supplemented by other particulars.
4. Member States of production may make certain particulars in paragraphs 1
and 2 compulsory, prohibit them or restrict their use in respect of wines
produced in their territory.
C.Use of certain specific terms
1. The appellation:
(a) ‘wine’ shall be restricted to products conforming to the definition of
point 10 of Annex I;
(b) ‘table wine’ shall be restricted to products conforming to the definition
given in point 13 of Annex I.
2. Without prejudice to the provisions for the harmonisation of laws, the
possibility for Member States to allow:
— the use of the word ‘wine’ accompanied by the name of a fruit in the
form of a composite name to describe products obtained by the
fermentation of fruit other than grapes,
— other composite names including the word ‘wine’
shall not, however, be affected by paragraph 1(a).
3. The designation:
(a) ‘liqueur wine’ shall be restricted to products conforming to the
definition of point 14 of Annex I or, where appropriate, to a definition
to be agreed in accordance with the introduction to this Annex;
(b) ‘quality liqueur wine produced in a specified region’ or ‘quality
liqueur wine psr’ shall be restricted to products conforming to the
definition of point 14 of Annex I and the specific provisions of this
Regulation;
(c) ‘semi-sparkling wine’ shall be restricted to products conforming to the
definition of point 17 of Annex I or, where appropriate, to a definition
to be agreed in accordance with the introduction to this Annex;
(d) ‘quality semi-sparkling wine produced in a specified region’ or
‘quality semi-sparkling wine psr’ shall be restricted to products
conforming to the definition of point 17 of Annex I and the specific
provisions of this Regulation;
(e) ‘aerated semi-sparkling wine’ shall be restricted to products
conforming to the definition of point 18 of Annex I or, where
appropriate, a definition to be agreed in accordance with the
introduction to this Annex.
4. Should such composite names referred to in paragraph 2 be used, any
confusion with the products referred to in paragraph 1 must be avoided.
D.Languages which may be used for the labelling
1. The information on the labelling must be given in one or more other
official languages of the Community so that the final consumer can easily
understand each of these items of information.
Notwithstanding the first subparagraph:
— the name of the specified region,
— the name of another geographicalunit,
— the traditionalspecific terms and the additionaltraditionalparticul ars,
— the name of the vineyards or their associations and bottling particulars,
shall be given solely in one of the official languages of the Member State
in whose territory the product was prepared.
The information referred to in the second subparagraph may be repeated in
one or more other officiall anguages of the Community for products
originating in Greece.
The information referred to in the first and second indents of the second
subparagraph may be given solely in another official language of the1999R1493 — EN — 01.01.2001 — 002.001 — 79
▼B
Community, where such language is equated with the official language in
that part of the territory of the Member State of origin in which the
specified region referred to is situated, if use of that language is traditional
and customary in the Member State concerned.
In the case of products obtained and put on the market in their territory,
Member States may allow the information referred to in the second
subparagraph also to be given in a language other than an official language
of the Community, if use of that language is traditional and customary in
the Member State concerned or in part of its territory.
Member States of production may allow, in respect of their products, the
information referred to in the second subparagraph also to be given in
another language if use of that language is traditional for such particulars.
2. Further exemptions from paragraph 1 may be decided on.
E.Codes
In accordance with the detailed rules to be laid down, a code:
— shall be used in labelling a product covered by paragraph 1 of point A,
other than that referred to in the following indent, to give full or partial
information concerning the name of a specified region other than the
indication which may be used for the product in question. However,
Member States may stipulate other appropriate measures for their own
territory in order to avoid confusion with the specified region in question,
— shall be used in labelling a table wine pursuant to the second and third
indents of paragraph 2(a) of point A, to indicate the head office of the
bottler or consignor and where appropriate the place of bottling or
consignment.
In accordance with detailed rules to be defined, a code may be used on the
labelling of the products referred to in this Annex as regards the particulars
specified in paragraph 3 of point A, provided that the Member State on whoseterritory these products are bottled has allowed this. This use is linked to the
proviso that the name or business name of a person or group of persons other
than the bottler involved in the commercial distribution of the product, and the
local administrative area, or part of such area, in which the head office of such
person or group is situated, are given in full on the label.
F.Brand names
1. Where the description, presentation and advertising of the products
referred to in this Regulation are supplemented by brand names, such
brand names may not contain any words, parts of words, signs or
illustrations which:
(a) are likely to cause confusion or mislead the persons to whom they are
addressed within the meaning of Article 48, or
(b) are:
— liable to be confused by the persons to whom they are addressed
with all or part of the description of a table wine, a liqueur wine, a
semi-sparkling wine, an aerated semi-sparkling wine, a quality
wine psr or an imported wine whose description is governed by
Community provisions or with the description of any other product
referred to in this Annex, or
— identicalto the description of any such product, unl ess the products
used for making the finalproducts referred to above are entitl ed to
such a description or presentation.
Moreover, the labelling used for the description of a table wine, a liqueur
wine, a semi-sparkling wine, an aerated semi-sparkling wine, a quality
wine psr or an imported wine may not bear brand names containing words,
parts of words, signs or illustrations which:
(a) in the case of:
— table wines, liqueur wines, semi-sparkling wines and aerated semi-
sparkling wines, include the name of a quality wine psr,
— quality wines psr, include the name of a table wine;
— imported wines, include the name of a table wine or a quality wine
psr;
(b) in the case of table wines with geographical indication, quality wines
psr or imported wines, contain false information, particularly with
regard to geographicalorigin, the vine variety, vintage year or a
reference to a superior quality;1999R1493 — EN — 01.01.2001 — 002.001 — 80
▼B
(c) in the case of table wines other than those referred to in (b), liqueur
wines, semi-sparkling wines and aerated semi-sparkling wines contain
information concerning geographicalorigin, vine variety, vintage year
or a reference to a superior quality;
(d) in the case of imported wines, may cause confusion owing to an
illustration used to distinguish a table wine, a liqueur wine, a semi-
sparkling wine, an aerated semi-sparkling wine, a quality wine psr or
an imported wine described by means of a geographicalindication.
2. By way of derogation from point (b) of the first subparagraph of
paragraph 1, the holder of a registered trade mark for a wine of a grape
must which is identical:
— to the name of a geographical unit smaller than a specified region used
to describe a quality wine psr, or
— to the name of a geographicalunit used to describe a tabl e wine
designated by means of a geographicalindication, or
— to the name of an imported wine described by means of a geographical
indication
may, even if he is not entitled to use such a name pursuant to the first
subparagraph of point 1, continue to use that trade mark until31 December
2002, provided that the trade mark in question:
(a) was registered not later than 31 December 1985 by the competent
authority of a Member State in accordance with the legislation in force
at the time of registration; and
(b) has actually been used without interruption since its registration until
31 December 1986 or, if registration took place before 1 January 1984,
at least since the latter date.
Moreover, the holder of a well-known registered brand name for a wine or
grape must which contains wording that is identicalto the name of a
specified region or the name of a geographical unit smaller than a specified
region may, even if he is not entitled to use such a name pursuant to
point 1, continue to use that brand name where it corresponds to the
identity of its originalhol der or of the originalprovider of the name,
provided that the brand name was registered at least 25 years before the
officialrecognition of the geographicalname in question by the producer
Member State in accordance with the relevant Community provisions as
regards quality wines psr and that the brand name has actually been used
without interruption.
Brand names complying with the conditions of the first and second
subparagraphs may not be invoked against the use of the names of
geographical units used to describe a quality wine psr or a table wine.
3. The Council, acting by a qualified majority on a proposal from the
Commission before 31 December 2002, shall decide whether to extend the
time limit referred to in the first subparagraph of paragraph 2.
4. Member States shall communicate to the Commission the trade marks
referred to in paragraph 2 as and when they are informed thereof.
The Commission shall forward that information to the competent
authorities of the Member States designated to verify compliance with
Community provisions in the wine sector.
G.Placing on the market, control and protection
1. As from the moment the product is placed on the market in a container of a
nominal volume of not more than 60 litres, the container shall be labelled.
Such labelling shall be in accordance with the provisions of this
Regulation; this also applies to labelled containers of a nominal volume
of more than 60 litres.
2. Derogations from point 1 may be decided upon.3. Each Member State shall be responsible for the control and protection of
quality wines psr and table wines with geographical indication marketed in
accordance with this Regulation.
4. Imported wines intended for direct human consumption and bearing a
geographical indication may be eligible, with regard to their marketing in
the Community and subject to reciprocity, for the protection and control
scheme referred to in paragraph 3.
The preceding subparagraph shall be implemented by means of agreements
with the third countries concerned, negotiated and concluded in accordance
with the procedure laid down in Article 133 of the Treaty.1999R1493 — EN — 01.01.2001 — 002.001 — 81
▼B
ANNEX VIII
DESCRIPTION, DESIGNATION, PRESENTATION AND PROTECTION
OF SPARKLING WINES
A.Definitions
1. This Annex lays down general rules for the description and presentation of:
(a) the sparkling wines defined in point 15 of Annex I, produced in the
Community;
(b) the aerated sparkling wines defined in point 16 of Annex I, originating
in the Community;
(c) the sparkling wines defined in accordance with this Regulation by the
procedure in Article 75, originating in third countries;
(d) the aerated sparkling wines defined in accordance with this Regulation
by the procedure in Article 75, originating in third countries.
The sparkling wines referred to in (a) shall comprise:
— the sparkling wines referred to in point H of Annex V,
— the quality sparkling wines referred to in point I of Annex V, and— the quality sparkling wines produced in specified regions (quality
sparkling wines psr) referred to in point K of Annex VI.
2. For the purposes of this Annex:
—‘labelling ’ means all references, symbols, illustrations and marks or
any other description which serve to distinguish the product and which
appear on the same container, including the closure, or on tags attached
to the container and the sheathing covering the neck of bottles,
—‘packaging ’ means protective wrappings, such as paper, straw
envelopes of all kinds, cartons and cases, used in the transport of
one or more containers and/or for presenting them with a view to sale
to the finalconsumer,
—‘producer ’ of a product referred to in paragraph 1 means the naturalor
legal person or group of persons by whom or on whose behalf
production is carried out,
—‘production ’ means the processing of fresh grapes, grape musts and
wines into a product referred to in paragraph 1.
B.Compulsory particulars
1. In the case of the products referred to in paragraph 1 of point A, the
description on the labelling shall include the following information:
(a) the name under which the product is sold, in accordance with
paragraph 2 of point D;
(b) the nominalvol ume of the product;
(c) the type of product, in accordance with paragraph 3 of point D;
(d) the actual alcoholic strength by volume, in accordance with detailed
rules to be determined.
2. In the case of the products referred to in paragraph 1(a) and (b) of point A,
the description on the labelling shall include, in addition to the information
specified in paragraph 1:
— the name or business name of the producer or of a vendor established
in the Community, and
— the names of the local administrative area or part of such area, and
Member State in which the abovementioned person's head office is
situated, in accordance with paragraphs 4 and 5 of point D.
However, producer Member States may make it compulsory for the name
or business name of the producer to be shown written in full.
Where the label features the name or business name of the producer and
where production takes place in a different local administrative area, part
of such area or Member State from that referred to in the second indent of
the first subparagraph, the information referred to therein shall be
supplemented by the name of the local administrative area or part of
such area where production was carried out and, if production took place in
another Member State, by the name of that Member State.1999R1493 — EN — 01.01.2001 — 002.001 — 82
▼B
3. In the case of the products referred to in paragraph 1(c) and (d) of point A,
the description on the labelling shall include the following information in
addition to the information specified in paragraph 1:
(a) the name or business name of the importer and the names of the local
administrative area and Member State in which the importer's head
office is situated;
(b) the name or business name of the producer and the names of the local
administrative area and third country in which the producer's head
office is situated, in accordance with paragraphs 4 and 5 of point D.
4. The description on the labelling shall include additional information in the
following cases:
— in the case of products produced from wines originating in third
countries, as referred to in the sixth indent of point 15 of Annex I, the
description on the labelling shall indicate that the product has been
produced from imported wines and shall specify the third country in
which the wine used in constituting the cuvée originated,
— in the case of quality sparkling wines psr, the name of the specified
region in which the grapes used to make the product were harvested
shall be given on the labelling,
— in the case of quality sparkling wines of the aromatic type referred to in
paragraph 10 of point K 10 of Annex VI, the description on the
labelling shall include either the name of the vine variety from which
they were obtained or the words ‘produced from aromatic varieties of
grape’.
C.Optional particulars
1. In the case of the products referred to in paragraph 1 of point A, the
description on the labelling may be supplemented by other particulars,
provided that:
— they are not liable to mislead the persons for whom the information is
intended, particularly as regards the mandatory information specified in
point B and the optionalinformation specified in point E,
— where appropriate, the provisions of point E are observed.
2. For the purposes of monitoring and controlin the sparkl ing wine sector,
the competent authorities on the matter may, with due regard to the general
rules of procedure adopted by each Member State, require of the producer
or vendor referred to in the first indent of the first subparagraph of
paragraph 2 of point B, proof of the accuracy of the information, used for
the description concerning the nature, identity, quality, composition, origin
or provenance of the product concerned or of the products used in its
production.
Where such a request is made by:
— the competent authority of the Member State in which the producer or
vendor is established, proof shall be required directly of such persons
by that authority,
— the competent authority of another Member State, that authority shall
provide the competent authority of the country in which the producer
or vendor is established, within the framework of direct cooperation
between them, with all the information necessary to enable the latter
authority to acquire such proof; the requesting authority shall be
informed of the action taken as a result of its request.
If the competent authorities find that such proof is not provided, the
information in question shall be regarded as not complying with this
Regulation.
D.Detailed rules governing the compulsory particulars
1. The items of information specified in point B:
— shall appear together within the same visual field on the container, and
— shall be presented in clear, legible and indelible characters which are
large enough to stand out well from the background on which they are
printed and to be distinguished clearly from all other written or
pictorialmatter.
The compulsory information on the importer may, however, be featured
outside the visual field in which the other compulsory items of information
appear.1999R1493 — EN — 01.01.2001 — 002.001 — 83
▼B
2. The sales description referred to in paragraph 1(a) of point B shall be
indicated by one of the following expressions:
(a) in the case of a sparkling wine referred to in point H of Annex V,
‘sparkling wine’;
(b) in the case of a quality sparkling wine referred to in point I of Annex V,
other than referred to in (d) of this paragraph, ‘quality sparkling wine’
or ‘Sekt’;
(c) in the case of quality sparkling wine psr referred to in point K of
Annex VI:
— ‘quality sparkling wine produced in a specified region’ or ‘quality
sparkling wine psr’, or ‘Sekt bestimmter Anbaugebiete’or ‘Sekt
bA’, or
— a specific traditionalterm chosen from among those referred to in
the fourth sub-indent of the second indent of paragraph 2(c) of
point A of Annex VII by the Member State in which production
took place and contained on a list to be drawn up, or
— one of the names of the specified regions of quality sparkling
wines psr referred to in the second indent of paragraph 2(c) of
point A of Annex VII, or
— two of the expressions used in combination.
However, the Member States may require that, in the case of certain
quality sparkling wines psr produced in their territory, certain
expressions referred to in the first subparagraph are to be used either
on their own or in combination;
(d) in the case of a quality sparkling wine of the aromatic type referred to
in paragraph 3 of point I of Annex V, ‘quality aromatic sparkling
wine’;
(e) in the case of sparkling wine originating in a third country:
— ‘sparkling wine’,
or
— ‘quality sparkling wine’ or ‘Sekt’, where the conditions laid down
for the production of such wine have been recognised as equivalent
to those set out in point I of Annex V.
For such sparkling wines the sales description shall be accompanied by
a reference to the third country in which the grapes used were
harvested, fermented and made into sparkling wine. Where the
products used to produce the sparkling wine were obtained in a
country other than that in which production took place, the indication
of the country of production pursuant to paragraph 3 of point B must
stand out clearly from all the indications shown on the labelling;
(f) in the case of an aerated sparkling wine originating in the Community
or in a third country, ‘aerated sparkling wine’. If the language used for
this item of information does not indicate that carbon dioxide has been
added, the words ‘obtained by the addition of carbon dioxide’ shall beadded to the labelling in accordance with detailed rules to be
determined.
3. Product type as determined by the sugar content referred to in
paragraph 1(c) of point B shall be indicated by one of the following
terms understandable in the Member State or third country of destination in
which the product is offered for direct human consumption:
— ‘brut nature’, ‘naturherb’, ‘bruto natural’, ‘pas dosé’, ‘dosage zéro’ or
‘dosaggio zero’: if its sugar content is less than 3 grams per litre; these
terms may be used only for products to which no sugar has been added
after the secondary fermentation;
— ‘extra brut’, ‘extra herb’ or ‘extra bruto’: if its sugar content is between
0 and 6 grams per litre;
— ‘brut’, ‘herb’ or ‘bruto’: if its sugar content is less than 15 grams per
litre;
— ‘extra dry’, ‘extra trocken’ or ‘extra seco’: if its sugar content is
between 12 and 20 grams per litre;
— ‘sec’, ‘trocken’, ‘secco’ or ‘asciutto’, ‘dry’, ‘tør’, ‘ ξηρός ’, ‘seco’,
‘torr’ or ‘kuiva’: if its sugar content is between 17 and 35 grams per
litre;
— ‘demi-sec’, ‘halbtrocken’, ‘abboccato’, ‘medium dry’, ‘halvtør’,
‘ηµίξηρος ’, ‘semi seco’, ‘meio seco’, ‘halvtorr’ or ‘puolikuiva’: if
its sugar content is between 33 and 50 grams per litre;
— ‘doux’, ‘mild’, ‘dolce’, ‘sweet’, ‘sød’, ‘ γλυκύς ’, ‘dulce’, ‘doce’, ‘söt’
or ‘makea’: if its sugar content is greater than 50 grams per litre.1999R1493 — EN — 01.01.2001 — 002.001 — 84
▼B
If the sugar content of the product justifies the use of two of the terms
specified in the first subparagraph, the producer or importer must choose to
use one such term only.
Notwithstanding paragraph 1(c) of point B, for quality sparkling wines of
the aromatic type as referred to in paragraph 3 of point 1 of Annex V and
for quality sparkling wines of the aromatic type produced in specified
regions as referred to in paragraph 10 of point K of Annex VI, indication
of the type of product as referred to in the first subparagraph may be
replaced by indication of the sugar content expressed in grams per litre as
determined by analysis.
No information other than that specified in the first and third
subparagraphs may be used on the labelling to indicate the product type
as determined by the sugar content.
4. The name or business name of the producer and the names of the local
administrative area, or part of such area, and State in which the producer's
head office is situated shall be given:
— either in full,
— or in the case of products produced in the Community, in code
provided that the name or business name of the person or group of
persons other than the producer involved in the commercial distribution
of the product, and the local administrative area, or part of such area,
and Member State in which the head office of such person or group is
situated, are given in full.
5. Where the name of a local administrative area or part of such area features
on the label, either to indicate where the producer or another person
involved in the commercial distribution of the product has his head office
or to indicate where production took place, and those particulars include
the name of a specified region within the meaning of point A of Annex VI
other than that which may be used to describe the product in question, that
name shall be given by means of a code.
However, Member States may lay down other appropriate measures for the
description of products produced in their territory, in particular as regards
the size of the characters used, which shall be such as to avoid any
confusion regarding the geographicalorigin of the wine.
6. The expressions used to indicate the production method may be prescribed
by the implementing provisions.
E.Use of certain specific terms
1. The name of a geographicalunit other than a specified region, and
smaller than a Member State or a third country, may be used only to
supplement the description of:
— a quality sparkling wine psr,
— a quality sparkling wine to which the implementing provisions have
given the name of such a geographicalunit, or
— as sparkling wine originating in a third country the conditions for
whose production are recognised as equivalent to those laid down in
point I of Annex V for a quality sparkling wine bearing the name of a
geographicalunit.
Use of such a name shall be allowed only if:
(a) it conforms to the rules of the Member State or third country in which
the sparkling wine was produced;
(b) the geographicalunit in question is defined exactl y;
(c) all the grapes from which the product was obtained came from that
geographicalunit, with the exception of the products contained in
tirage liqueur or expedition liqueur;
(d) in the case of a quality sparkling wine psr, the geographical unit is
situated within the specified region whose name the wine bears;
(e) in the case of quality sparkling wines, the name of that geographical
unit is not laid down for describing a quality sparkling wine psr.
Notwithstanding clause (c) of the second subparagraph, Member States
may authorise use of the name of a geographical unit smaller than a
specified region to supplement the description of a quality sparkling wine
psr if at least 85 % of the product was obtained from grapes harvested in
that unit.1999R1493 — EN — 01.01.2001 — 002.001 — 85
▼B
2. The name of a vine variety may be used only to supplement the
description of a product referred to in paragraph 1 of point A,
— at (a),
or
— at (c) where the conditions for its production are recognised as
equivalent to those laid down in point I of Annex V or point K of
Annex VI.
The name of a vine variety or a synonym of that name may be indicated
only if:
(a) the cultivation of that variety and the use of the products obtained
thereform conform to Community provisions or to the provisions of
the third country in which the grapes used were harvested;
(b) that variety appears on a list to be adopted by the Member State in
which the products used for constituting the cuvée were obtained; in
the case of quality sparkling wines psr, that list shall be drawn up
pursuant to paragraph 1 of point B or paragraph 10(a) of point K of
Annex VI;
(c) the name of that variety cannot be confused with the name of a
specified region or geographicalunit used to describe another wine
produced in the Community or imported;
(d) the name of that variety shall not be repeated in the same expression
unless more than one variety bearing that name exists and that name
is on a list to be adopted by the producer Member State. That list
shall be communicated to the Commission, which shall inform the
other Member States accordingly;
(e) the product was obtained entirely from the variety in question, with
the exception of the products contained intirage liqueur or expedition
liqueur, and if the variety has a preponderant effect on the nature of
the product in question;
(f) the length of the production process, including ageing in the
establishment of production, reckoned from the start of the
fermentation process designed to make the cuvée sparkling, has not
been less than 90 days and provided that the duration of fermentation
designed to make the cuvée sparkling and the presence of the cuvée
on the lees have lasted:
— at least 60 days,
— at least 30 days if the fermentation takes place in containers with
stirrers.
This provision shall not, however, apply to sparkling wines of the
aromatic type referred to in paragraph 3 of point I of Annex V or
paragraph 10 of point K of Annex VI.
Notwithstanding the second subparagraph, producer Member States
may:
— authorise use of the name of one vine variety if at least 85 % of
the grapes from which the product was obtained came from that
variety, with the exception of the products contained in tirage
liqueur or expedition liqueur, and if that variety has a
preponderant effect on the nature of the product in question,
— authorise use of the name of two vine varieties where the
regulations of the producer Member State so provide and on
condition that all the grapes from which the product was obtained
come from those three varieties, with the exception of the
products contained in tirage liqueur and expedition liqueur and if
the blend of those two or three varieties is critical for the
product's distinctive character.
— limit such use to certain names of vine varieties referred to in the
second subparagraph.
3. The expression ‘bottle-fermented’ may be used only to describe:
— a quality sparkling wine psr,
— a quality sparkling wine,
or
— a sparkling wine originating in a third country the conditions for
whose production are recognised as equivalent to those laid down in
point I of Annex V or in point K of Annex VI.1999R1493 — EN — 01.01.2001 — 002.001 — 86
▼B
Use of the expression referred to in the first subparagraph shall be
allowed only if:
(a) the product was made sparkling by a second alcoholic fermentation in
the bottle;
(b) the length of the production process, including ageing in the
undertaking where the product was made, reckoned from the start
of the fermentation process designed to make the cuvée sparkling, has
not been less than nine months;
(c) the process of fermentation designed to make the cuvée sparkling and
the presence of the cuvée on the lees lasted at least 90 days;
(d) the product was separated from the lees by filtering in accordance
with the racking method or by disgorging.
4. The expressions ‘bottle-fermented by the traditional method’or ‘tradi-
tional method’ or ‘classical method’ or ‘classical traditional method’ and
any expressions resulting from a translation of them may be used only to
describe:
— a quality sparkling wine psr,
— a quality sparkling wine,
or
— a sparkling wine originating in a third country the conditions for
whose production are recognised as equivalent to those laid down in
point I of Annex V or in point K of Annex VI.
Use of one of the expressions referred to in the first subparagraph shall be
allowed only if the product:
(a) was made sparkling by a second alcoholic fermentation in the bottle;
(b) stayed without interruption in contact with the lees for at least nine
months in the same undertaking from the time when the cuvée was
constituted;
(c) was separated from the lees by disgorging.
5. An expression relating to a method of production which includes the
name of a specified region or of another geographicalunit, or a term
derived from either of these, may be used only to describe:
— a quality sparkling wine psr,
— a quality sparkling wine,
or
— a sparkling wine originating in a third country the conditions for
whose production are recognised as equivalent to those laid down in
point 1 of Annex V or in point K of Annex VI.
Such expressions may be used only to describe a product entitled to one
of the geographicalascriptions referred to in the first subparagraph.
6. With regard to quality sparkling wines psr which fulfil the conditions laid
down in the second subparagraph of paragraph 4:
(a) the term ‘Winzersekt’ shall be reserved for quality sparkling wines
psr produced in Germany and the term ‘Hauersekt’ shall be reserved
for quality sparkling wines psr produced in Austria, which both are:
— produced from grapes harvested in the same vineyard, including
producer groups, where the producer, as defined in paragraph 4 of
point D, makes into wine grapes intended for the preparation of
quality sparkling wines psr,
— marketed by the producer referred to in the first indent and made
available with labels indicating the vineyard, the vine variety and
the year.
Under the arrangements applicable, additional conditions may be
imposed on use of the term ‘Winzersekt’ and on use of equivalent
terms in other Community languages. Under the same arrangements,
a Member State may be authorised to lay down special and, in
particular, more restrictive arrangements.
The terms referred to in the preceding subparagraphs may be used
only in the language of origin;
(b) the term ‘crémant’ shall be reserved for quality sparkling wines psr:
— to which this term has been applied, in combination with the
name of the specified region, by the Member State in which the
wine was made,1999R1493 — EN — 01.01.2001 — 002.001 — 87
▼B
— made from must obtained by pressing whole grapes, with regard
to white quality sparkling wines psr, the quantity of must obtained
not exceeding 100 litres for every 150 kg of grapes,
— with a maximum sulphur dioxide content of 150 mg/l,— with a sugar content of less than 50 g/l,
and
— produced in accordance with any additionalspecialrul es
governing their production and description laid down by the
Member State in which they are made.
By way of derogation from the first indent, for the quality sparkling
wines psr to which the term ‘crémant’ has not been applied by the
Member State concerned in accordance with that provision, the
producers of these quality sparkling wines psr may use this term
provided they have traditionally used the said term for at least
10 years prior to 1 July 1996.
The Member State concerned shall inform the Commission of the
cases in which use is made of this derogation.
7. The vintage year may be used only in the description of:
— a quality sparkling wine psr,
— a quality sparkling wine,
or
— a sparkling wine originating in a third country the conditions for
whose production are recognised as equivalent to those laid down in
point I of Annex V or in point K of Annex VI.
Reference to the vintage year shall be allowed only if at least 85 % of the
product was obtained from grapes harvested in the year in question, with
the exception of the products contained in tirage liqueur or expedition
liqueur.
However, Member States may prescribe that the vintage year may be
given for quality sparkling wines psr produced in their territory only if the
product was obtained entirely from grapes harvested in the year in
question, with the exception of the products contained in tirage liqueur or
expedition liqueur.
8. Reference to superior quality shall be allowed only in the case of:
— a quality sparkling wine psr,
— a quality sparkling wine,
or
— a sparkling wine originating in a third country the conditions for
whose production are recognised as equivalent to those laid down in
point I of Annex V or in point K of Annex VI.
9. The name of a Member State or of a third country, or the adjective
derived from that name, may not be used in combination with the sales
description referred to in paragraph 2 of point D, unless the product is
produced in the territory of that Member State or third country and is
made exclusively from grapes harvested and processed into wine in that
same territory.
10. The description of a product referred to in paragraph 1 of point A may not
be supplemented by a reference or symbol relating to a medal or prize
obtained after taking part in a competition, or to any other distinction,
unless they have been awarded, by an official body or a body officially
recognised for the purpose, to a given quantity of the product in question.
11. The terms ‘Premium’ or ‘Reserve’ may be used only to supplement:
— the term ‘quality sparkling wine’,
or
— one of the terms referred to in paragraph 2(c) of point D.
The term ‘Réserve’ may, if appropriate, be supplemented by a description
under the conditions laid down by the producer Member State.
12. Where necessary, the implementing provisions may lay down:
(a) conditions for the use of:
— the expression referred to in paragraph 8,
— terms relating to a manufacturing method other than those
referred to in paragraphs 3 to 6,
— expressions referring to the specific characteristics of the vine
varieties from which the product in question is made;1999R1493 — EN — 01.01.2001 — 002.001 — 88
▼B
(b) a list of the expressions referred to at (a).
F.Languages which may be used for labelling
The information specified:
— in point B shall be given in one or more of the official languages of the
Communities so that the finalconsumer can easil y understand each ofthese items of information,
— in point C shall be given in one or more of the official languages of the
Communities.
In the case of products put on the market in their territory, Member States
may allow this information to be given also in a language other than an
official language of the Communities where the use of such language is
traditionaland customary in the Member State concerned or in a part of its
territory.
However:
(a) in the case of quality sparkling wines psr and quality sparkling wines,
only the official language of the Member State inwhose territory
production took place shall be used:
— for the name of the specified region, as referred to in the second
subparagraph of paragraph 4 of point B,
— for the name of another geographicalunit, as referred to in paragraph 1
of point E,
in the case of the aforementioned products produced in Greece, such
information may be repeated in one or more other officiall anguages of
the Communities;
(b) in the case of products originating in third countries:
— the use of an officiall anguage of the third country in which
production took place shall be allowed, provided that the information
specified in paragraph 1 of point B is also given in an official
language of the Communities,
— the translation of some of the information specified in paragraph C
into an officiall anguage of the Communities may be governed by
implementing provisions;
(c) in the case of products originating in the Community and intended for
export, the information referred to in paragraph 1 of point B given in an
officiall anguage of the Communities may be repeated in another
language.
G.Presentation
1. The products referred to in paragraph 1 of point A may be held for sale or
put on the market only in glass bottles which:
(a) are closed with:
— a mushroom-shaped stopper made of cork or other material
permitted to come into contact with foodstuffs, held in place by a
fastening, covered, if necessary, by a cap and sheathed in foil
completely covering the stopper and all or part of the neck of the
bottle,
— any other suitable closure in the case of bottles with a nominal
content not exceeding 0,20 litres, and
(b) bear labelling conforming to the provisions of this Regulation.
The closing device referred to in the first and second indents of point (a) of
the first subparagraph may not be covered by a capsule or foil
manufactured on the basis of lead.
However, in the case of products covered by paragraph 1 of point A which
are produced by a second alcoholic fermentation in the bottle as referred to
in paragraphs 3 and 4 of point E, exceptions for sparkling wines still in the
process of production where they are closed with a temporary stopper and
are not labelled may be:
(a) laid down by the producer Member State, provided that such wines:
— are intended to become quality sparkling wines psr,
— only circulate between producers within the specified region
concerned,
— are covered by an accompanying document
and
— are the subject of specific scrutiny;1999R1493 — EN — 01.01.2001 — 002.001 — 89
▼B
(b) applied until 31 December 2001 to producers of quality sparkling
wines that have been expressly authorised by the Member State
concerned and comply with the conditions laid down by that Member
State, especially with regard to monitoring.
Before 30 June 2000 the Member States concerned shall send the
Commission a report on the application of these exceptions. The
Commission shall, if appropriate, submit the necessary proposals for
the continuation of the exceptions.
2. In accordance with rules to be specified, only the following may be put up
in ‘sparkling wine’-type or similar bottles fitted with closing devices as
referred to in paragraph 1(a) with a view to sale, placing on the market or
export:
— the products as referred to in paragraph 1 of point A,
— beverages which are traditionally put up in such bottles and which:
— comply with the definitions of semi-sparkling wine or aerated semi-
sparkling wine as referred to in points 17 and 18 of Annex I,
or
— are obtained by alcoholic fermentation of a fruit or of another
agricultural raw material, in particular the products referred to in
paragraph 2 of point C of Annex VII and the products covered by
Regulation (EEC) No 1601/91, laying down general rules on the
definition, description and presentation of aromatised wines, wine-
based drinks and aromatised wine-product cocktails (1),
or
— have an actual alcoholic strength by volume not greater than 1,2 %
vol.,
— products which are not likely, despite the fact that they are put up in
this way, to create confusion or mislead consumers with regard to the
realnature of the product.
3. Insofar as labelling is not governed by this Regulation it may be governed
by implementing provisions, in particular as regards:
(a) the positioning of labels in containers;
(b) the minimum size of labels;
(c) the arrangement on labels of the various items comprising the
description;
(d) the size of the characters on labels;
(e) the use of symbols, illustrations and brand names.
4. Without prejudice to paragraph 5, where the packaging of a product
referred to in paragraph 1 of point A bears one or more items of
information referring to the product packed in it, such items of information
must comply with the provision of this Regulation.
5. Where containers containing a product referred to in paragraph 1 of point A
are presented for sale to the final consumer in a package, it must be
labelled in accordance with this Regulation.
Arrangements for avoiding excessive strictness in the case of special
packaging containing small quantities of the products referred to in
paragraph 1 of point A, on their own or with other products, shall be
adopted.
H.Brand names
1. Where the description, presentation and advertising of the products
referred to in paragraph 1 of point A are supplemented by brand names,
such brand names may not contain any words, syllables, signs or
illustrations which:
(a) are likely to cause confusion or mislead the persons to whom they are
addressed within the meaning of Article 48;
or
(b) are liable to be confused with all or part of the description of a table
wine, a quality wine produced in a specified region, including a quality
sparkling wine psr or an imported wine whose description is governed
by Community provisions or with the description of any other product
referred to in paragraph 1 of point A, or are identicalto the description
of any such product, unless the products used for constituting the1999R1493 — EN — 01.01.2001 — 002.001 — 90
(1) OJ L 149, 14.6.1991, p. 1.
▼B
cuvée of the sparkling wine in question are entitled to such description
or presentation.
2. Notwithstanding paragraph 1(b), the holder of a well-known registered
brand name for a product referred to in paragraph 1 of point A, which
contains wording that is identicalto the name of a specified region or the
name of a geographical unit smaller than a specified region may, even if he
is not entitled to use such a name pursuant to paragraph 1, continue to use
that brand name where it corresponds to the identity of its originalholder or
of the originalprovider of the name, provided that the brand name was
registered at least 25 years before the official recognition of the
geographicalname in question by the producer Member State in
accordance with Article 54(4) as regards quality wines psr and that the
brand name has actually been used without interruption.
Brand names complying with the conditions of the first subparagraph may
not be invoked against the use of the name of geographicalunits used to
describe a quality wine psr.
I.General provisions
1. Without prejudice to paragraph 1 of point F, each Member State shall
accept the description and presentation of products referred to in
paragraph 1 of point A which originate in other Member States and are
put on the market in its territory, provided that such description and
presentation conform to Community rules and are allowed pursuant to this
Regulation in the Member State in which the product was produced.
2. The description, presentation and advertising of products other than those
covered by paragraph 1 of point A may not indicate, imply or suggest that
the product concerned is a sparkling wine.
3. The sales descriptions set out in paragraph 2 of point D shall be used only
for the products referred to in paragraph 1 of point A.
However, Member States may allow the term ‘sparkling wine’ to be used
in the form of a composite name to describe a beverage falling within CN
code 2206 00 91 obtained by alcoholic fermentation of a fruit or another
agricultural raw material where use of those composite names is
traditional, pursuant to legislation in force on 29 November 1985.
4. The composite names referred to in the second subparagraph of paragraph 3
shall be indicated on the labelling in characters of the same type and colour
and of a height which enables them to stand out clearly from other
information.
5. Quality sparkling wines psr may be put on the market only on condition
that the name of the specified region to which they are entitled is marked
on the cork and that the bottle carries a label from the time it leaves the
place of preparation.
However, as regards labelling, exceptions may be permitted provided that
appropriate controls are ensured.
6. Provisions for the implementation of paragraph 5 shall be adopted, as well
as derogations concerning marking on the cork referred to in the first
subparagraph of paragraph 5, where, on the occasion of a check by the
competent authority, a sparkling wine is not recognised as a quality
sparkling wine psr.1999R1493 — EN — 01.01.2001 — 002.001 — 91