EN Official Journal of the European Union L 279/25

COMMISSION DELEGATED REGULATION (EU) 2017/1961

of 2 August 2017

amending Regulation (EC) No 606/2009 as regards certain oenological practices

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 75(2) and (3)(g) thereof,

Whereas:

(1) In accordance with Article 3 of Commission Regulation (EC) No 606/2009 (2), authorised oenological practices are laid down in Annex I A to that Regulation. The International Organisation of Vine and Wine (OIV) has adopted 12 oenology resolutions that were included in the Council Decision of 7 October 2016 among which two new oenological practices, concerning the use of filter plates containing zeolites y-faujasite to adsorb haloanisoles and the treatment of wine with potassium polyaspartate. In order to take account of technical progress and to provide Union producers with the same possibilities as those available to third-country producers, those new oenological practices should be authorised in the Union under the conditions of use defined by the OIV.

(2) In accordance with Article 80(3)(b) of Regulation (EU) No 1308/2013, when authorising oenological practices for wine, the Commission has to take into account the protection of human health. The use of food additives should comply with Regulation (EC) No 1333/2008 of the European Parliament and of the Council (3). Potassium polyaspartate was not included in the Union list of food additives approved for use in foods set out in Annex II to Regulation (EC) No 1333/2008. However, Annex II to Regulation (EC) No 1333/2008 has recently been amended by Commission Regulation (EU) 2017/1399 (4) to include it in that Union list of food additives. Therefore, the treatment of wine with potassium polyaspartate can now be authorised in the Union.

(3) Regulation (EC) No 606/2009 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I A to Regulation (EC) No 606/2009 is amended in accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 2 August 2017. For the Commission The President Jean-Claude JUNCKER

(1) OJ L 347, 20.12.2013, p. 671.

(2) Commission Regulation (EC) No 606/2009 of 10 July 2009 laying down certain detailed rules for implementing Council Regulation (EC) No 479/2008 as regards the categories of grapevine products, oenological practices and the applicable restrictions (OJ L 193, 24.7.2009, p. 1).

(3) Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (OJ L 354, 31.12.2008, p. 16).

(4) Commission Regulation (EU) 2017/1399 of 28 July 2017 amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council and the Annex to Commission Regulation (EU) No 231/2012 as regards potassium polyaspartate (OJ L 199, 29.7.2017, p. 8).