Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine
Date: 1999-05-17
Institutions: Council of the European Union
Subjects: common organisation of markets, viticulture, wine

14.7.1999

EN

Official Journal of the European Communities

L 179/1

I

(Acts whose publication is obligatory)

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 proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of
Committee (3),

the Economic and Social

Having regard to the opinion of
Regions (4),

the Committee of

the

Whereas:

(1)

(2)

the operation and development of the common market
in agricultural products should be accompanied by the
establishment of a common agricultural policy to
common organisation of
include
agricultural markets which may take various
forms
depending on the product;

in particular

a

the aim of the common agricultural policy is to attain
the objectives set out in Article 33 of the Treaty and in
particular, in the wine sector, to stabilise markets and
ensure a fair standard of
living for the agricultural
community concerned; these objectives may be attained
in particular through
by adjusting resources to needs,
the pursuit of a policy for the adaptation of wine-
growing potential and a quality policy;

(3)

the existing framework of the common organisation of
the market in wine was established by Regulation (CEE)
No 822/87 (5), as last amended by Regulation (EC)

(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.

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
frequent,
surpluses on a multiannual basis are still possible,
however,
in particular owing to the sector’s inherent
potential for dramatic fluctuations in production from
one harvest to the next;

structural

surpluses

less

are

(4)

(5)

(6)

(7)

the implementation of the Uruguay Round agreements
in 1995 has resulted both in a more open Community
market in which traditional intervention measures have
impact, and in less
now lost much of their potential
that
scope
for
their
Community
competitive performance; the majority of exports are
already being effected without subsidy;

subsidised exports, which means

producers

improve

need

to

adapt

the most significant market problem currently facing
the Community wine sector is their
certain parts of
limited
to
sufficiently
to
ability
competitive changes on both the internal and external
market; the existing common organisation of the market
has failed to offer solutions for wine-growing areas
clearly
where
a
is
remunerative market;
been insufficient
there has
flexibility for those areas with expanding markets to
allow scope for development;

production

rapidly

unable

find

to

in 1994 the Commission presented a proposal for the
reform of the common organisation of the market in
wine which was not, however, adopted;
the market
situation has changed since that proposal was made;

there should therefore be a reform of
the common
organisation of the market in wine to guarantee the
necessary
new
flexibility
aims:
developments with
maintaining improved balance between supply and
demand on the Community market; enabling the sector

following

smoothly

to
the

broad

adapt

to

(6) OJ L 210, 28.7.1998, p. 8.

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availablility of

intervention as

to become more competitive in the longer
term;
an
eliminating the
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
sector which traditionally use that alcohol;
alcohol
accommodating regional diversity; and formalising the
potential role of producer organisations and sectoral
organisations;

(8)

(EEC) No 458/80 (9), as

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),
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),

(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.

(9)

(10)

(11)

(12)

(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 last amended by Regulation (EC) No
1429/96 (37); those Regulations have been substantially
amended several times; since further amendments are to
be made, they should be recast in the interest of clarity,
in a single text;

aforementioned Regulations

Regulation (EEC) No 822/87 made provision for the
Council to lay down general rules for its application;
this created a complex structure of layers of legislation;
the
large
technical detail which required frequent
amount of
amendment; this Regulation should therefore, in general,
contain all the necessary guidance for its application;
the Council should confer all necessary implementing
powers on the Commission in accordance with
Article 211 of the Treaty;

contained a

the rules governing the common organisation of the
market in wine are extremely complex; in some cases
they do not take sufficient account of regional diversity;
as far as possible the rules should therefore be simplified
and policy developed and implemented as close as
a Community
to
possible
framework;

producer within

the

to capitalise on and consolidate the improved market
balance, and to better align supply on demand for
different types of product, there should be a framework
of measures on the management of wine-growing
to include restrictions on planting in the
potential,
permanent
medium term,
for
abandonment of wine-growing and support
the
for
restructuring and conversion of vineyards;

premiums

the

to

for

not

and

and

related

directly

amending

rural development

structural measures
the
production of wine should fall within the scope of
Council Regulation (EC) No 1257/1999 of 17 May
1999 on support
from the
European Agricultural Guidance and Guarantee Fund
(EAGGF)
certain
Regulations (38); measures related to promotion make an
important
competitive
performance and notably the promotion of Community
wine on third-country markets should be stimulated;
however,
to ensure consistency with the
general promotion 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 proposal for a Regulation

contribution to the

repeating

in order

sector’s

(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.
(37) OJ L 184, 24.7.1996, p. 9.
(38) OJ L 160, 26.6.1999, p. 80.

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on measures to promote and provide information on
agricultural products in third countries (1);

the areas

of quality or conerns
intended for graft
nurseries or is connected with the transfer of part of the
holding; in order to ensure the smooth running of the
common organisation of
these transfers
should be maintained within the same Member State;

the market,

(13) market balance has improved, albeit in a relatively slow
and difficult manner; whereas the existing restrictions
on planting have shown themselves to be the essential
component
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 control
the use of producers’ property in this manner
in
accordance with the general interest;

achievement;

in this

in the

(14)

(15)

(16)

(17)

existing restrictions on planting should therefore remain
in place for a period limited in the medium term so as
to allow the full range of structural measures to take
effect,
for wine
production should be prohibited until 31 July 2010
unless otherwise permitted under this Regulation;

any planting of vines

and thus

purchase

as well

the existing permission for new planting of areas
land consolidation and
intended for graft nurseries,
as wine-growing
compulsory
experiments has shown itself not to unduly disturb the
wine market and should therefore be continued subject
to the necessary controls; for similar reasons, it should
also be possible to plant vines, the production of which
intended for consumption by the wine-grower’s
is
family;

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
geographical
indications has proved to be a useful
component of the quality policy which is designed to
better align supply on demand; however, once a reserve
system of planting rights is fully functional, this latter
system should
existing
this
permission should therefore be continued, subject to the
necessary checks, for a transitional period until 31 July
2003, by which time the reserve system should be fully
functional;

objective;

fulfil

the

the existing permission to replant vines is necessary to
allow the normal renewal of exhausted vineyards; the
existing system should therefore be maintained subject
to the necessary checks; for greater flexibility the system
should also permit, subject to the necessary checks, the
replanting rights before the
acquisition and use of
related grubbing-up takes place;
rights
acquired under prior Community or national legislation
should be respected; furthermore, it should be possible
to transfer replanting rights to another holding, subject
to strict controls, provided that this transfer is in pursuit

replanting

(1) OJ C 32, 6.2.1999, p. 12.

(18)

in order to improve the management of wine-growing
potential and to promote the efficient use of planting
the
rights and thus to further mitigate the effect of
restrictions on planting, a system of national or regional
reserves should be set up:

(19) Member States should be given broad discretion in the
management of the reserves, subject to the necessary
controls, so as to permit them to better align the use of
the rights to plant such reserves 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 be
allowed not to apply the reserve system, provided that
they already have an efficient
they can prove that
system of managing planting rights;

(20)

(21)

(22)

(23)

the grant of specific benefits to young wine producers
may facilitate not only their establishment but also the
structural adjustment of their holdings after their initial
establishment;
should therefore be
eligible for the grant of rights from the reserves free of
charge;

such producers

to ensure that resources are used in the most efficient
manner and to better align supply on demand, planting
rights
should be used by their holders within a
reasonable time, or failing that, should be allocated or
rights allocated to the
reallocated to the reserves;
reserves should be granted within a reasonable time for
the same reasons;

in the light of the improved market balance and the
expanding world market, there may be justification for
increasing planting rights which should be allocated to
the Member States concerned and,
to a
Community reserve for allocation which is dependent
on additional market demand; this increase should be
reduced by the extent
to which new planting rights
have been authorised for quality wines psr and table
wines designated with a geographical indication;

in part,

notwithstanding the existing restrictions on planting,
areas have been 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 illegal

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planting which takes place after the proposal for this
from which time
Regulation has been published,
producers should have been aware of the proposal to
introduce the requirement;

(24) without prejudice to any existing national measures, for
reasons of legal certainty it is not possible to impose at
Community level the grubbing-up requirement on areas
planted in breach of restrictions before the proposal for
this Regulation has been published; for better control of
wine-growing potential, during a fixed period Member
States should therefore be able to regularise the position
of such areas, subject
to the necessary controls; a
far as
treatment may be provided for as
different
regularisation is concerned, depending on the details of
the planting in question,
in particular where such
planting is liable to lead to an increase in production;
the producer involved may be subject to appropriate
administrative 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)

(27)

(28)

there are wine-growing areas whose production is not
aligned on demand; 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
to
Member States to administer, whithin a Community
framework and subject to the necessary controls, so as
better to target the premium on the regions concerned;
in particular Member States should therefore be able to
designate the regions concerned and set the levels of the
premium, using objective criteria and whitin an overall
ceiling;

production in those Member States whose wine
production is below 25 000 hectolitres per year does
not seriously affect the market balance; those Member
States should therefore be exempt from the restrictions
on planting but should not have access to the premium
for permanent abandonment of wine-growing;

there are other wine-growing areas where production is
not aligned on demand, but where production could be
better aligned through restructuring of vineyards by
varietal
or
relocation
improvement of vineyard management techniques; there
should therefore be support to this end subject to the
necessary controls;

conversion,

vineyards

of

to the producer

planned; plans should be drawn up at a level as close as
regional
possible
diversity is taken into account; nevertheless, in order to
in conformity with
the plans
ensure
that
Community
remain
law, Member
responsible in the last resort for those plans;

to ensure

should

States

that

are

(30)

(31)

(32)

(33)

(34)

restructuring and conversion have two main financial
impacts on the producer, namely loss of earnings during
the period of conversion 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 national measures within specified
limits;

level;

increase

regional

in planting rights

for an inventory of such potential

it is desirable for a better management of wine-growing
to be
potential
compiled at Member State or at
to
encourage Member States to compile the inventory,
access to the regularisation of unlawfully planted areas,
for
the
restructuring and conversion should be limited to those
who have compiled the inventory;
in the case of
regional inventories, those regions which compiled 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
by
regional
31 December 2001;

inventories must

and support

completed

be

the classification of vine varieties for wine production is
a task best carried out as close as possible to the
producer; Member States should therefore take over this
task from the Community;

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 of compiling it to complete the task;
however, provision should be made for its subsequent
amendment or repeal;

in order to preserve market balance, provision should
be made for aid for the private storage of table wine
the measure should be as
and types of grape must;
flexible
as
to market movements
possible; to this end, it should therefore be possible in
particular to terminate its application at short notice;

and responsive

(35)

in order to eliminate the availability of intervention as
an artificial outlet for surplus production there should

(29)

to ensure that such restructuring and conversion are
they should be
carried out

in a controlled fashion,

(1) OJ L 208, 31.7.1986, p. 1.
(2) OJ L 210, 28.7.1998, p. 14.

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the

following

to the distillation system;

be changes
there should
forms of distillation:
therefore be
compulsory distillation of by-products of wine-making,
compulsory distillation of wine produced from grapes
not classified solely as wine grape varieties, a distillation
the wine market by promoting
measure to support
continuity of supplies of wine 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 measures should
be as flexible as possible to respond to market needs
and specific regional conditions;

the poor quality of wine obtained from
in view of
overpressing,
this practice should be prohibited and
provision should be made, in order to prevent it, for the
compulsory distillation of marc and lees; however,
derogations from this obligation may be envisaged in
order to take account of conditions of production in
in addition, since the
certain wine-growing regions;
production and market
in wine-growing
zone A and in the German part of wine-growing zone B
are able to ensure that the aims of the measure are
achieved, producers in these regions should not be
obliged to distill by-products of wine-making but
to
withdraw such by-products under supervision;

structures

the production of wine obtained from grapes not
classified solely as wine-grapes varieties
should be
directed in the first instance towards traditional uses in
the spirits sector and other traditional outlets; provisions
should be made for the compulsory distillation of such
wine produced in excess of
the normal quantities
directed towards such uses;

(40)

(41)

(42)

European Parliament and the Council a report and,
where appropriate, proposals;

the disposal of alcohol obtained by distillation should be
carried out
in such a manner as to afford greater
transparency and control and to avoid disturbance of
traditional markets for alcohol;

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 oenological practices
allowed by this
Regulation;
in order to eliminate such discrimination,
encouragement should be given to the use of vine
products for enrichment, thereby increasing their outlets
and helping 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 for concentrated grape must and
rectified concentrated grape must coming from certain
regions and used for enrichment;

than

back

table wine

it remains necessary, in order to achieve a more stable
balance between production and use, to increase the use
intervention appears to be justified
of vine products;
further
by
encouraging the use of must for certain purposes other
than wine-making by means of aid to ensure that
their
Community wine
traditional market outlets;
should be
applied so as to avoid distortions of competition, taking
into account traditional production methods;

products may maintain

the measure

production,

products;

certain parts of the potable alcohol sector constitute an
important traditional outlet for wine distillates and other
be
there
wine-based
Community support for distillation of table wine and
wine suitable for yielding table wine to 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;

therefore

should

in order
to deal with exceptional cases of market
disturbance and serious quality problems, there should
be a crisis distillation measure; the level and format of
aid should be determined by the Commission to take
account of specific situations, including cases where a
noticeable fall in the market price for a category of wine
has been noted; the measure should be voluntary for
producers; if this 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

(43)

producers who have not fulfilled their obligations under
compulsory distillation measures should not be allowed
to benefit from any other intervention measures;

(44)

provision should also be made for possible measures in
the case of high prices on the Community market;

(45)

given the special features of the market in wine, the
formation of producers’ organisations
likely to
contribute to the attainment of the objectives of the
the market; Member States
common organisation of
may recognise such organisations; the latter must be
formed on a voluntary basis and must prove their utility
through the scope and efficiency of the services offered
by producer organisations to their members;

is

(46)

in order to improve the operation of the market for
quality wines psr and table wines with a geographical

(36)

(37)

(38)

(39)

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(47)

(48)

decisions

indication, Member States should be able to implement
decisions taken by sectoral organisations; the scope of
concerted
such
practices;
such
decisions conform with Community law; the sectoral
organisations should perform certain tasks, taking into
account consumers’ interests;

exclude
the Commission should ensure that

certain

should

for health reasons and in pursuit of quality, authorised
oenological processes and practices should be laid down
at Community level,
these being the only ones
permitted for use in the manufacture of products
for similar reasons, only
covered by this Regulation;
wine grape varieties should be used to produce wines
for human consumption;

the fact

that production conditions,

in
in view of
particular soil,
terrain and climate, vary considerably
from one Community wine-growing area to another, it
is essential that such variations are 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
technical
limits and conditions connected with these
practices and processes should be defined in the detailed
rules
limits
concerning the levels of sulphur dioxide, sorbic acid and
potassium sorbate
laid down in this
should be
Regulation in view of their importance for health;

implementation;

nevertheless,

the

of

(49)

provision should be made for authorised methods of
analysis for wine-sector products;

(50)

and

designation

description,

presentation

of
the
products covered by this Regulation can have significant
effects on their marketability;
this Regulation should
therefore lay down rules in this connection which take
into account the legitimate interests of consumers and
producers and promote the smooth operation of the
internal market and the production of quality products;
the fundamental principles of these rules should provide
for the obligatory use of certain terms so as to identify
consumers with certain
the product
important items of information and the optional use of
other information on the basis of Community rules or
subject to rules concerning the prevention of fraudulent
practices;

and provide

(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 differentiated according to the products concerned,
in particular as far as sparkling wine is concerned and
according to their origin;

(53)

rules should also be applied to the labelling of imported
in particular to clarify their origin and to
products,
avoid any confusion with Community products;

(54)

(55)

(56)

(57)

to use geographical
terms is a valuable one;

indications and other
the right
traditional
the rules should
therefore govern this right and provide for protection
for these terms; to promote fair competition 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;

bearing in mind the interests of consumers and the
desirability of obtaining equivalent treatment for quality
wine psr in third countries, provisions should be made
reciprocal arrangements can be established
so that
whereby wines imported for direct human consumption
and bearing a geographical description and marketed in
the Community may enjoy these protection and control
arrangements;

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
the Agreement
an integral part of
establishing the World Trade Organisation approved by
Decision 94/800/EC (1), provision should be made for
certain
the parties
conditions,
geographical
designations protected by a third-country member of
the WTO;

concerned to prevent, under
the

unlawful

use

of

and especially

the development of a policy of encouraging quality
production in agriculture
in wine
growing is bound to contribute to the improvement of
conditions on the market and, as result, to an increase
in outlets;
the adoption of additional common rules
which concern the production and control of quality
wines psr falls within the framework of this policy and
those
can contribute
objectives;

attainment of

towards

the

(51)

the rules concerning in particular designation should
fraudulent
include provisions on the prevention of
practices, penalties at Community level to be applied in
the event of improper labelling, use of languages,
in
particular when different alphabets are involved, and the
use of brand names, especially when these could cause
confusion amongst consumers;

(58)

in order to maintain a minimum quality standard for
quality wines psr, to avoid an uncontrollable expansion
in the production of such wines, and to harmonise the

(1) OJ L 336, 23.12.1994, p. 1.

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provisions of
the Member States so as to establish
fair competition in the Community, a
conditions of
framework of Community rules should be adopted,
governing the production and control of quality wines
psr, with which the specific provisions adopted by the
Member States will have to comply;

should be:

taking into account traditional conditions of production,
the nature and scope of the factors which enable each
of the quality wines psr to be distinguished must be
listed and defined; a common move to harmonise
quality requirements should nevertheless be made; these
factors
the area of
production, vine varieties, cultivation methods, wine-
making methods, minimum natural alcoholic strength
by
and
assessment of organoleptic characteristics; particular
rules should be laid down for quality liqueur wines psr
and quality sparkling wines psr given the particular
nature of those products;

the demarcation of

yield per hectare

and analysis

volume,

experience has shown the need to draw up precise rules
for reclassifying 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 a product suitable
for yielding a quality wine psr be classified as a quality
wine psr;

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 movement of quality wines psr, in
accordance with fair and traditional practices;

frontiers of

the creation of a single Community market for wine
involves the introduction of a single trading system at
the external
the Community; a trading
system including import duties and export refunds, in
addition to the external market measures, should,
in
principle, stabilise the Community market; the trading
system should be based on the undertakings accepted
under
trade
the Uruguay Round of multilateral
negotiations;

import and export

in order to monitor the volume of trade in wine with
third countries, provision should be made for a system
of
licences for certain products,
which includes the lodging of a security to guarantee
that the transactions for which such licences are granted
are effected;

in order to prevent or counteract adverse effects on the
Community market which could result from imports of
imports of one or more
certain agricultural products,
such products should be subject
to payment of an
additional import duty, if certain conditions are fulfilled;

(59)

(60)

(61)

(62)

(63)

(64)

(65)

(66)

(67)

(68)

(69)

(70)

it is appropriate, under certain conditions, to confer on
the Commission the power to open and administer tariff
quotas
agreements
concluded in accordance with the Treaty or from other
acts of the Council;

from international

resulting

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 on Agriculture (1), should
serve
in
international
these refunds should be
subject to limits in terms of quantity and value;

safeguard Community

trade in wine;

participation

to

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 Guarantee Fund; monitoring
can be facilitated by the compulsory advance fixing of
in the case of
refunds, while allowing the possibility,
differentiated
specified
the
changing
of
refunds,
destination within a geographical area to which a single
in the case of a change of
refund rate applies;
destination,
actual
destination should be paid, with a ceiling on the
amount applicable to the destination fixed in advance;

applicable

to the

refund

the

situation

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 an export licence; refunds should be
granted up to the limits available, depending on the
particular
concerned;
exceptions to that rule should only be permitted in the
case of food-aid operations, which are exempt from any
limit; monitoring of
exported with
refunds during the marketing years as referred to in the
WTO Agreement on Agriculture should be carried out
on the basis of
each
marketing year;

the quantities

issued for

product

licences

export

each

of

in addition to the system described above, and to the
extent necessary 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;

the customs duty system makes it possible to dispense
the external
with all other protective measures at
the internal
frontiers of
the Community; however,
market and duty mechanism could,
in exceptional
circumstances, prove defective; in such cases, so as not
to leave the Community market without defence against
the
any disturbances which may arise
Community should be able
to take all necessary
measures without delay; those measures should be in

therefrom,

(1) OJ L 336, 23.12.1994, p. 22.

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(71)

(72)

(73)

(74)

(75)

accordance with the obligations derived from the
relevant WTO agreements;

a measure

products
should be
imported from third countries
subject to rules on certain product specifications which
ensure
balance with Community
definitions of wines; they should also comply with any
rules laid down in their country of origin and be
accompanied by an analysis
in appropriate
circumstances;

report

of

it should be provided that all the products covered by
an
this Regulation
accompanying document when circulating within the
Community;

furnished with

should

be

a

certain aids;

establishment of

single market would be
the
jeopardised by the granting of
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 common market
should
common market
organisation for wine; the provisions on premiums for
the permanent abandonment of wine-growing should
not of themselves preclude the granting of national aid
for the same ends;

therefore

in the

apply

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 collaborating with Member States’
authorities;

it is necessary that, as the common market in wine
develops,
the Member States and the Commission
should keep each other supplied with the information
necessary for applying this Regulation; producers of
grapes for wine-making, must and wine should make a

(76)

(77)

(78)

(79)

(80)

harvest declaration since this information is necessary;
further
Member States
information from producers; the Commission should be
permitted to use external assistance when assessing any
data;

should be able to request

in order to facilitate implementation of the proposed
measures,
for
establishing close cooperation between Member States
and the Commission within a management committee;

procedure

provided

should

be

a

expenditure incurred by the Member States as a result of
the obligations arising out of the application of this
Regulation should be financed by the Community in
accordance with Council Regulation (EC) No 1258/1999
on the financing of the common agricultural policy (1);

the common organisation of the market in wine should
take appropriate account, at
the
objectives set out in Articles 33 and 131 of the Treaty;

the same time, of

the common organisation of the market in wine should
also be applied in the light of the agreements concluded
under 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; (2)

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 with in this Regulation; in order to
deal with that eventuality, provision should be made for
the necessary transitional
the Commission to adopt
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 sectoral organisations, oenological practices
and processes, description, designation, presentation and protection, quality wine psr, and trade with third
countries.

(1) OJ L 160, 26.6.1999, p. 103.
(2) OJ L 336, 23.12.1994, p. 86;

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2.

It shall apply to the following products:

CN code

Description

a)

2009 60

Grape juice (incluiding grape must)

2204 30 92
2204 30 94
2204 30 96
2204 30 98

Other grape musts, other than those in fermentation or with fermentation arrested
otherwise than by the addition of alcohol

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
0806 10 95
0806 10 97

2209 00 11
2209 00 19

Fresh grapes other than table grapes

Wine vinegar

d)

2206 00 10

Piquette

2307 00 11
2307 00 19

2308 90 11
2308 90 19

Wine lees

Grape marc

Definitions of the terms used in this Regulation for products shall be set out in Annex I, terms
3.
concerning alcoholic strengths in Annex II and wine-growing zones in Annex III. Detailed rules for the
implementation of those Annexes may be adopted in accordance with the procedure laid down in
Article 75.

The wine production year for the products covered by this Regulation (hereinafter referred to as the

4.
(cid:145)wine year(cid:146)) shall begin on 1 August each year and end on 31 July of the following year.

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 out pursuant to:

(a) a new planting right, as referred to in Article 3;

(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).

Until the same date, grafting of wine grape varieties on to
varieties other
shall also be
than wine grape varieties
prohibited.

2.

Grapes obtained from areas:

(b) a replanting right, as referred to in Article 4; or

and

(a) where vines have been planted before 1 September 1998,

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(b) whose production, according to Articles 6(3) or 7(4) of
Regulation (EEC) No 822/87, could only be disposed of by
distillation,

(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 price normally charged by Member States
under that provision, or

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 of 80 % vol or less.

3. Where a Member State has compiled the inventory of
it
wine production potential
may derogate from paragraph 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.

in accordance with Article 16,

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 cases where 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 planting of 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 would still 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

(b) where the grower purchases a replanting right, this shall
cover the area concerned, plus 50 %, which latter amount
shall be transferred to the reserve or the reserves in
accordance with Article 5 or added to the volume of newly
created planting rights in Article 6(1) where Article 5(8) is
applied.

Areas planted with vines of wine grape varieties classified

7.
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 measures necessary to ensure that
this paragraph is
applied.

Article 3

1. Member States may grant new planting rights
producers in respect of areas:

to

(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,

(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.

(b)

intended for wine-growing experiments, or

(c)

intended for graft nurseries.

4. Where paragraph 3(a) or (c) is applied, Member States
impose an appropriate administrative penalty on the
shall
producers concerned.

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.

Paragraph 3(c) may only be used in respect of an area no

5.
greater than the limit of 1,2 % of the area under vines.

6. Where paragraph 3(b) is applied:

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
geographical
indication where it has been recognised that,
owing to its quality, the production of the wine in question is
far below demand.

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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.
By way of derogation from paragraph 3, replanting rights
may be transferred, in whole or in part, to another holding in
the same Member State where:

New planting rights shall be used before the end of the
4.
second wine year after the one in which they were granted.
New planting rights other 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).

(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 no greater than the area transferred; or

(b) areas on that other holding are intended for:

5.
New planting rights other than those referred to in
paragraph 1 may only be granted to producers within the
quantities set out in Article 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 that the grant of new planting rights
does not reduce the volume of the newly created planting
rights in Article 6(1) to a value less than zero; 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 the reserve or
reserves
region in question shall be
extinguished. Should sufficient planting rights not be
available in the reserve or reserves concerned, the grant of
new planting rights may not take place.

related to the

Article 4

1.

Replanting rights shall be:

(a) replanting rights granted under paragraph 2; or

(b) similar rights acquired under prior Community or national

legislation.

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 of the third year after which
the area was planted. The replanting rights shall be for an area
equivalent in terms of pure crop to that from which vines
have been or are to be grubbed up.

(i)

the production of quality wines psr or table wines
which are described by means of a geographical
indication, 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
these
derogations shall not lead to an overall increase in production
in particular when transfers are
potential on their territory,
made from non-irrigated to irrigated areas.

the application of

Replanting rights acquired under this Regulation shall be
5.
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 period may be extended by Member States to
up to eight wine years. Replanting rights not used during this
period shall be allocated to a reserve pursuant to Article 5(2)(a).

Article 5

In order to improve the management of production
1.
potential, at a national and/or regional
level, Member States
shall create a national reserve, and/or as the case may be,
regional reserves, of planting rights.

The following shall be allocated to the reserve or

2.
reserves:

(a) new planting rights, replanting rights and planting rights
granted from the reserve which are not used within the
time
in Article 3(4),
Article 4(5) and paragraph 6 of this Article;

laid down respectively

limits

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.

(b) replanting rights allocated to the reserve by producers who
hold such rights, where necessary in return for a payment
from national funds, the amount of which, and any other

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detail of which, shall be determined by the Member States
taking into account the legitimate interests of the parties;

rights as referred to in the first sentence of Article 4(5) shall be
second sentence of
extended by five wine years. The
Article 4(5) shall remain applicable.

(c) newly created planting rights, as referred to in Article 6.

3. Member States may grant
reserve:

the rights allocated to the

(a) without payment, to producers who are under 40 years of
age, who possess
and
adequate
competence, who are setting up for the first time on a
wine-producing holding and who are established as the
head of the holding; or

occupational

skill

(b) against payment into national and, if appropriate, regional
funds, to producers who intend to use the rights to plant
vineyards whose production has an assured outlet. The
Member States shall define the criteria for setting the
amounts of the payment which may vary depending on
the final intended 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 cultivation techniques used guarantee that the
subsequent production is adapted to market 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 which they were allocated to it. Planting rights
not granted by that time shall be extinguished.

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 period shall be allocated to a reserve under
paragraph 2(a).

7. When a Member State creates regional reserves, it may
lay down rules permitting the transfer of planting rights
If regional and national reserves
between regional reserves.
transfers between such
coexist
transfers may also be permitted.

in the same Member State,

Article 6

The newly created planting rights,
granted by

1.
planting
Article 3(2), shall be allocated as follows:

rights

the Member

including the new
States under

(a) Germany:

1 534 ha

Greece:

1 098 ha

Spain:

17 355 ha

France:

13 565 ha

Italy:

12 933 ha

Luxembourg:

18 ha

Austria:

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 with Article 16.

The allocation of

3.
the newly created planting rights
referred to in paragraph 1 to a reserve or their use under
Article 2(3)(b) may only take place once.

Article 7

1.

The following definitions shall apply to this Chapter:

The transfers referred to in this paragraph may be subject to a
reduction coefficient.

(a) grubbing-up means the complete elimination of all vine

stocks on a plot planted with vines;

8.
By way of derogation fram paragraphs 1 to 7, a
competent authority of a Member State may choose not to
implement the reserve system provided that the Member State
can prove that an effective system 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

(b) planting means the definitive establishment of vine plants
or parts of vine plants, whether or not grafted, with a view
to producing grapes or to establishing a graft nursery;

(c) planting rights means the right to plant vines under a new
planting right, a replanting right, a planting right granted

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from a reserve or a newly created planting right
in
accordance with the conditions laid down 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 up or 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:

CHAPTER II

ABANDONMENT PREMIUMS

Article 8

A premium may be granted in return for the permanent

1.
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 wine grapes. 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 and ecology in the regions
concerned.

(cid:151) the provisions governing the distillation of the products

referred to in Article 2(7),

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.

(cid:151) provisions to avoid excessive administrative charges when

applying the provisions of this Chapter,

4. Member States shall fix the level of the premium per
hectare, taking into account:

(cid:151) recognition referred to in Article 3(2)

(a)

the agricultural yield or production capacity of the holding,

(cid:151) the coexistence of vines pursuant to Article 4(2),

(b) the method of production,

(cid:151) the application of the reduction coefficient referred to in

Article 5(7),

(cid:151) the operation of
the Community reserve referred to in
In particular the rules may provide in the
Article 6(1).
period up to 31 December 2003 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 additional need which could be met by the
allocation of those newly created planting rights,

(c)

the area concerned in comparison with the area of the
holding,

(d) the type of wine produced,

e)

the existence of associated cultivation.

The level of the premium shall not exceed levels to be

5.
laid down.

(cid:151) provisions to ensure that the new planting rights granted
in accordance with Article 3(1) do not undermine the ban
on new plantings in Article 2(1).

The following shall not qualify for the premium:

Article 9

the Commission shall

By 31 December 2003, and at three-yearly intervals from
3.
the date,
to the
European Parliament and the Council on the operation of this
Chapter. The report may be accompanied, if appropriate, by
proposals for the grant of
further newly created planting
rights.

submit a report

(a) cultivated wine-growing

in respect of which
areas
infringements of Community or national provisions
regarding planting have been recorded during a period to
be determined which shall not exceed 10 wine years;

(b) wine-growing areas which are no longer tended;

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(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
determined which shall not exceed to wine years.

4.
Only in those regions of a Member State in respect of
which the Member State has compiled the inventory of
production potential in accordance with Article 16 shall there
be access to the system.

Article 12

Article 10

Detailed rules for the application of
this Chapter shall be
adopted in accordance with the procedure laid down in
Article 75.

shall be responsible for

restructuring and
Member States
conversion plans,
including, where appropriate, the approval
of plans. Plans shall comply with the rules laid down in this
Chapter and implementing legislation.

These rules may in particular include:

Article 13

(a)

the dates for the submission of applications and for the
execution of grubbing-up;

(b) conditions for the grant of payments;

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:

(c)

the maximum levels of
Article 8(5);

the premium referred to in

(a) compensation of producers for the loss of revenue due to

implementation of the plan, and

(d) environmental considerations;

(e)

laying down the periods referred to in Article 9.

CHAPTER III

RESTRUCTURING AND CONVERSION

(b) contribution to the costs of restructuring and conversion.

The compensation of producers for loss of revenue may

2.
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 the provisions of Chapter I of this Title; or

Article 11

(b) financial compensation, which shall be funded by the

Community.

A system for

1.
vineyards is hereby established.

the

restructuring and conversion of

The objective of the system shall be the adaptation of

2.
production to market demand.

The system shall cover one or more of the following

3.
measures:

(a) varietal conversion, including by means of grafting-on;

(b) relocation of vineyards;

(c)

improvements to vineyard management techniques related
to the objective of the system.

to

the

The

costs

Community

contribution

3.
of
restructuring and conversion shall not exceed 50 % of those
costs. However,
in regions classified as Objective 1 in
accordance with Council Regulation (EC) No 1260/1999 of
21 June 1999 laying down general provisions on the
Structural Funds (1),
the Community contribution shall not
exceed 75 %. Without prejudice to Article 14(4), Member
States may not contribute to the 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.

The system shall not cover the normal renewal of vineyards
which have come to the end of their natural life.

(1) OJ L 161, 26.6.1999, p. 1.

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Initial allocations

2.
real
expenditure and on the basis of revised expenditure forecasts
submitted by the Member States taking into account
the
objetive of the scheme and subject to funds available.

shall be adapted in view of

Financial allocation between Member State shall take due
3.
account of the proportion of the Community vineyard area in
the Member State concerned.

4. Where a financial allocation in respect of a certain
number of hectares has been made to a Member State, that
Member State may use that financial allocation in respect of a
greater number of hectares than that allocated. In this context,
funds to increase the
the Member State may use national
reduced amount per hectare up to the level of the original
ceiling per hectare of the Community allocation.

2.
A Member State may provide that the inventory may be
in this case, all
drawn up on a regional basis. However,
regional inventories shall be 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 Member State.

Article 17

1.

The Commission may assess:

(a)

the production of wine-sector products;

(b) the industrial use of these products;

Article 15

(c)

Detailed rules for the implementation of this Chapter shall be
adopted according to the procedure laid down in Article 75.

the consumption trends for wine and other wine-sector
products which
further
processing;

consumable without

are

These rules may in particular include:

(a) a minimum size for the vineyard concerned;

(d) any other

factor which needs

the
purposes of managing the market or a system for adjusting
supply.

to be known for

(b) provisions governing the use of replanting rights arising

from the implementation of plans;

2. When making these assessments, the Commission may
use external assistance.

(c) provisions aiming to prevent an increase in production

potential arising out of this Chapter;

(d) maximum amounts of support per hectare.

3.
The Commission shall fund an independent study on the
use of interspecific varieties. On the basis of this study it shall
to the European
present by 31 December 2003 a report
if appropriate, by
Parliament and the Council accompanied,
proposals.

CHAPTER IV

Article 18

INFORMATION AND GENERAL PROVISIONS

Article 16

The inventory of production potential shall contain the

1.
following information:

(a)

the areas under vines classified as varieties
production of wine pursuant
territory of the Member State concerned:

the
to Article 19(1) on the

for

(b) the varieties concerned;

(c)

the total stock of existing planting rights;

(d) any national or regional provisions adopted pursuant to

this Title.

1.
Producers of grapes for wine-making and producers of
must and wine shall declare each year the quantities produced
from the last harvest. Member States may also require
merchants of grapes for wine-making to declare each year the
quantities marketed from the last harvest.

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
the
production of wine. All classified varieties shall belong to the
specifies Vitis vinifera or come from a cross between this

shall classify vine varieties

for

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species and other species of the genus Vitis. The following
varieties may not be included in the classification:

Article 21

(cid:151) Noah

(cid:151) Othello

(cid:151) Isabelle

(cid:151) Jacquez

(cid:151) Clinton

(cid:151) Herbemont.

In their classification, Member States shall

2.
indicate the
vine varieties suitable for the production of each of the quality
wines psr produced 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 for scientific research
and experiments.

Areas planted with vine varieties for the purpose of wine
4.
production not entered in the classification shall be grubbed
up, save where the production of
those areas is intended
exclusively for the consumption of the wine producer’ family.
Member States shall take the measures 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.

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. This production shall be calculated on the basis of
the average production during the last five wine years.

Article 22

Member States may adopt more restrictive national rules in
respect of the new planting or replanting of vines or grafting-
on. They may require that the applications and information
provided for
supplemented by other
information necessary for monitoring the development of
production potential.

in this Title be

Article 23

Detailed rules for the application of this Chapter shall be
1.
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.

Provisions

for an accompanying document

2.
for vine
vegetative multiplication materials and detailed rules for its
application,
including those concerned with control, may be
adopted in accordance with the procedure 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 referred to in Article 16, and whether that decision
including
should be revoked in appropriate circumstances,
where the Member State has failed to update the inventory as
necessary.

TITLE III

MARKET MECHANISMS

CHAPTER I

(a)

table wine;

PRIVATE STORAGE AID

(b) grape must,

concentrated grape must

and rectified

concentrated grape must.

Article 24

Aid shall be granted to producers for the private storage

1.
of:

2.
The aid shall be granted subject to the conclusion with
intervention agencies, between 16 December and 15 February
of the following year and on conditions to be determined, of a
long-term storage contract.

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Long-term storage contracts shall be concluded for a

3.
period which ends:

(cid:151) that grape musts and concentrated grape musts intended
for the manufacture of grape juice may not be the subject
of a long-term storage contract,

(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 date of conclusion;

(b) at

the latest, on 30 November following the date of

conclusion.

Article 25

(cid:151) for the effective duration of contracts.

Under the procedure laid down in Article 75, it may be

2.
provided:

(cid:151) that the private storage aid scheme shall not be applied if
it is apparent from the market situation that the scheme is
not justified,

1.
The conclusion of storage contracts shall be subject to
conditions relating in particular to the quality of the products
in question.

(cid:151) that the possibility of concluding further long-term storage
contracts may be suspended at any time if this is justified
by the market situation and in particular the rate at which
contracts have already been concluded.

2.
For table wines, storage contracts shall contain provisions
for the termination of aid payments and of the producer’s
the
corresponding obligations in respect of all or part of
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 a standard rate.

For concentrated grape musts,

4.
this amounts may be
adjusted by a coefficient corresponding to the degree of
concentration.

CHAPTER II

DISTILLATION

Article 27

The overpressing of grapes, whether or not crushed, and
be prohibited. The
pressing
than

1.
the
refermentation of grape marc
distillation shall be prohibited.

shall
for purposes other

of wine

lees

Article 26

Detailed rules for the application of this Chapter shall be
1.
adopted in accordance with the procedure laid down in
Article 75.

Filtering and centrifuging of wine lees shall not be

2.
considered as pressing where:

(a)

the products obtained are of
merchantable quality,

sound,

genuine

and

These rules may in particular provide:

(b) the lees are not reduced to the dry state.

(cid:151) for the fixing of the level, rate and coefficient referred to in

Article 25,

(cid:151) that long-term storage contracts for table wine may only

be concluded for specific table wines,

(cid:151) that grape musts which are the subject of a long-term
storage contract may be converted, wholly or partially, into
concentrated grape must or rectified concentrated grape
must during the period of the contract,

(cid:151) for rules concerning the application of the provision for
referred to in

termination of aid payments as

the
Article 25(2),

3.
Any natural or legal person or group of persons, with
referred to in
the exception of
paragraph 7, having made wine, shall be required to deliver
for distillation all the by-products of that winemaking.

the persons and groups

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 less than 5 % where
the wine has been made by vinification of grape musts,
partially fermented grape musts or new wines in fermentation.
Should the relevant percentage not be reached, those subject to
the obligation shall deliver a quantity of wine from their own
production, thus ensuring attainment of that percentage.

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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 distillation referred to in Article 28.

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.

The delivery obligation set out

satisfied by delivery of wine

in paragraph 3 may
to a vinegar

5.
instead be
manufacturer.

Any natural or legal persons or groups of persons, with
6.
the exception of
referred to in
paragraph 7, who hold by-products of any processing of
grapes other than vinification shall be required to deliver them
for distillation.

the persons and groups

7.
Any natural or legal persons 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 be required to withdraw the by-
products of such processing under supervision and subject to
conditions to be determined.

Those

subject

to the obligations

8.
to in
paragraph 3 or to that referred to in paragraph 6 may
discharge that obligation by the withdrawal of the by-products
of vinification under supervision and subject to conditions to
be determined.

referred

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.

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 is produced in excess of the normal quantity
and which is not exported during the wine year concerned
shall be distilled by a date to be determined. Except by
derogation, it may not be moved except to a distillery.

The quantity of wine normally produced shall be

2.
determined from:

(a)

the quantities produced during a reference period to be
determined;

(b) the quantities of wine put to traditional uses.

The buying-in price of wine delivered for distillation
3.
under this Article shall be EUR 1,34 per % vol; it may vary
during a given wine year provided that the average for that
wine year remains EUR 1,34 per % vol.

The price paid by the distiller may not be lower than the

4.
buying-in price.

The price paid by the distiller may not be lower than

10.
the buying-in price.

5.

The distiller may either:

11.

The distiller may either:

(a) receive aid in respect of

to be distilled,
provided that the product obtained by distillation has an
alcoholic strength of at least 52 % vol; or

the product

(a) receive aid in respect of

to be distilled,
provided that the product obtained by distillation has an
alcoholic strength of at least 52 % vol; or

the product

(b) deliver

the product obtained by distillation to the
it has an alcoholic

intervention agency, provided that
strength of at least 92 % vol.

(b) deliver

the product obtained by distillation to the
it has an alcoholic

intervention agency; provided that
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 the manufacturer of the fortified wine and the product
of the distillation may not be delivered to the intervention
agency.

It may be decided that delivery of the alcohol to the
12.
intervention agency may be replaced by delivery to an
operator who has submitted a tender in the framework of sales
organised for the disposal of the products of distillation which
has been accepted under
referred to in
Article 31(1).

the procedure

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 the manufacturer 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 a tender in the framework of sales
organised for the disposal of the products of distillation which
has been accepted under
referred to in
Article 31(1).

the procedure

7.

This Article shall apply notwithstanding Article 1(2).

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Article 29

quality wine psr only at
concerned.

the request of

the Member State

1.
The Community may provide support for the distillation
of table wines and wines suitable for yielding table wines in
the wine market and, as a consequence,
order to support
facilitate the continuation of supplies of wine distillate to those
parts of the potable alcohol sector, where the use of such
alcohol is traditional.

The support shall take the form of a primary aid and a

2.
secondary aid paid to distillers.

A criterion for

5.
introducing the measure may be a
demonstrable deterioration, over time, in the market price for
from certain areas of
for wines
a category of wine or
production.

6.
Should the Community use this measure for three years
in succession, for a particular type of wine (in a particular
area), the Commission shall draw up a report to the European
Parliament and the Council on the persistent crisis including, if
appropriate, proposals.

The primary aid shall be paid on the basis of the volume
3.
of table wine and wine suitable for yielding table wine which
is destilled.

Article 31

The primary aid shall be implemented on the basis of a
4.
system of contracts concluded between distillers and wine
producers. A minimum price to be paid by distillers to wine
producers shall be determined;
it may vary during a given
wine year provided that the average for that wine 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 to facilitate the operation of the primary aid system.

Article 30

Alcohol taken over by the intervention agency shall be
1.
disposed of either by public auction or by a tendering process.
When disposing of
the
authorities shall avoid affecting the market outlets for alcohol
traditionally dependent on the existence of such outlets. It may
into the sector of alcohol destined for
not be disposed of
comestible use.

such alcohol, as far as possible,

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 by means of the operation of Articles 27, 28 and
29, such alcohol may be disposed 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 reduced within each wine-growing area by
a similar flat-rate amount calculated on the basis of the level of
the aid referred to in Article 34 and the increase in the
alcoholic
the wine-growing area
concerned.

strength prescribed for

There may be a crisis distillation measure if there is an
1.
exceptional case of market disturbance caused by serious
surpluses and/or problems of quality.

At the request of the producer concerned, the reduction
2.
shall apply only within the limits of the quantities subject to
the increased alcoholic strength referred to in paragraph 1.

The measure shall have as its objectives:the elimination

2.
of specific pockets of surplus;

Article 33

(a)

the elimination of specific pockets of surplus;

1.
Detailed rules for the application of this Chapter shall be
adopted in accordance with the procedure laid down in
Article 75.

(b) the assurance of supply continuity from one harvest to

another.

These rules may in particular include:

3.

The measure shall be voluntary on the part of producers.

(a)

the derogations referred to in this Chapter;

4.
The measure may be limited to certain categories of wine
or certain areas of production. The measure may be applied to

(b)

in respect of Articles 27 and 28, the conditions under
which distillation is to be carried out, the assessment of
the volume of alcohol contained in the wine produced, the

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conditions under which products may be delivered to the
the
intervention agency, and the buying-in prices of
products of distillation which can be taken over by the
intervention agencies or the criteria for fixing these prices;

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.

(c)

the minimums standards to be met by marc and lees;

(d) the conditions under which withdrawal under supervision

as referred to in Article 27(7) may be carried out;

The amount of aid shall be fixed in euro per % vol
3.
potential alcoholic strength and per hectolitre of concentrated
grape must or rectified concentrated grape must, taking into
account
the difference between the cost of enrichment by
means of these products and by means of sucrose.

(e)

the quantities of wine normally produced as mentioned in
Article 28(2);

Article 35

(f)

the detailed mechanism for applying the measure referred
to in Article 30, including the products covered by it, and
the flow of the products of the products of distillation in
particular
in
alcohol and spirituous beverages;

to avoid any disturbance of

the market

(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).

The amount of the aids referred to in Articles 27 and 28
2.
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 may lead to a triggering of
the
measure referred to in Article 30 and the level and form of the
Community financial support for that measure shall be set 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 are authorised within the meaning of
this
Regulation.

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 or manufacturing 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 (cid:145)wine(cid:146) 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 it a 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 grape musts and concentrated
grape musts produced in regions of the Community 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 for another purpose and may
equally be granted to grapes of Community origin coming
from the same varieties.

for

The amounts of aid must be fixed so that the supply
4.
costs
grape musts
originating in the Community are such that they may maintain
their traditional market outlets.

and concentrated

grape musts

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A part

to be determined of

5.
the aid provided for in
the organisation of
paragraph 1(a) shall be set aside for
campaigns to promote the consumption of grape juice. The
aid may, for the purposes of organising such campaigns, be
fixed at a higher level than that resulting from the application
of paragraph 4.

CHAPTER IV

GENERAL PROVISIONS

Article 37

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)

conditions

the
Article 34(1);

for granting the

aid referred to in

(b) the measures necessary to ensure control of 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).

Producers subject to the obligations referred to in Articles 27
and 28 shall be entitled to benefit from intervention measures
under this Title provided that they have complied with the
above obligations for a reference period to be determined. That
period, and the detailed rules for the implementation of this
Article, shall be adopted in accordance with the 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,
the necessary
thereby disturbing that market,
measures may be taken by the Commission.

To the extent necessary to support the market in table
2.
wines,
interventions measures may be adopted in respect of
the products listed in Article 1(2)(b) other than table wine in
accordance with the procedure laid down in Article 75.

TITLE IV

PRODUCER ORGANISATIONS AND SECTORAL ORGANISATIONS

CHAPTER I

(iii)

reducing production costs and stabilising producer
prices;

PRODUCER ORGANISATIONS

Article 39

(iv) promoting

of

the

use

environmentally

sound
cultivation practices, production techniques
and
waste-management practices in particular to protect
the quality of water, soil and landscape and preserve
and/or encourage biodiversity.

(cid:145)Producer

1.
if
Regulation, means any legal entity:

organisation(cid:146),

recognised

under

this

(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;

2.
Producer organisations recognised under this Regulation
shall be required to be able to impose appropriate penalties on
their members for infringement of obligations under the rules
of association

3. Member States may recognise as producer organisations
for
this Regulation, all producer groups
applying for such recognition, on condition that:

the purposes of

(ii) promoting concentration of supply and the placing
the products produced by its

on the market of
members;

(a)

they meet the requirements laid down in paragraphs 1 and
2 and provide the relevant evidence, including proof that
they have a minimum number of members and cover a
minimum volume of marketable production;

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(b) there is sufficient evidence that they can carry out their
time and in terms of

activities properly, both over
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

organisation within three months of
application with all supporting documents;

recognition to a producer
the lodging of an

(b) carry out checks at regular intervals to ascertain that
and
producer organisations
impose in the event of non-
conditions for recognition,
compliance the penalties to apply to such organisations
and decide, where necessary, to withdraw recognition;

comply with the

terms

(c) notify the Commission, within two months, of every

decision to grant or withdraw recognition.

The Commission shall

check that Article 39 and
2.
paragraph 1(b) of this Article are complied with by carrying
out checks and in the light of such checks shall, where
appropriate, call on Member States to withdraw recognition.

(cid:151) refusing

to

the

issue

and/or Community
attestations needed for the circulation and marketing of
wine products where such marketing is in accordance with
those rules.

national

The rules referred to in paragraph 1 must be brought to
in extenso, by publication in an

2.
the attention of operators,
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
the Treaty), and
(Articles 28 to 31 of
competition (Articles 81 to 86 of the Treaty) and the principle
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
interests of
consumers:

taking account of

the Community,

the

(i)

(ii)

improving
production and the market;

knowledge

and

the

transparency

of

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
Community rules;

CHAPTER II

(iv)

exploiting more fully the potential of production;

SECTORAL ORGANISATIONS

Article 41

(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;

the market

In order to improve the operation of

1.
in
quality wines psr and table wines described by means of a
geographical indication, producer Member States, particularly
in implementing decisions taken by sectoral organisations, may
lay down marketing rules
supply 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:

to regulate

(vi)

seeking ways of
restricting the use of plant-health
products and other inputs and ensuring product quality
and soil and water conservation;

(vii) developing methods and instruments

improving
product quality at all stages of production, vinification
and marketing:

for

(cid:151) price

fixing,

even

for

guidance

or

by way

of

recommendation,

(viii) exploiting the potential of

and protecting organic
farming as well as designations of origin, quality labels
and geographical indications;

(cid:151) rendering unavailable an excessive proportion of

the
vintage that would normally be available and, in general,
any abnormal operation to curtail supply,

(ix)

promoting, in particular, integrated production or other
environmentally sound production methods.

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OENOLOGICAL PRACTICES AND PROCESSES, DESCRIPTION, DESIGNATION, PRESENTATION
AND PROTECTION

TITLE V

CHAPTER I

(g)

liqueur wine;

OENOLOGICAL PRACTICES AND PROCESSES

(h) grape must in fermentation, extracted from raisined grapes;

Article 42

(i) wine from over-ripened grapes.

Authorised Community

1.
and
processes are established for the production of the products
covered by this Regulation other
than grape juice and
concentrated grape juice and grape must and concentrated
grape must intended for the preparation of grape juice.

oenological

practices

2.
Authorised oenological practices and processes may only
be used for the purposes of ensuring proper vinification,
proper preservation or a proper refinement of the product.

3.
shall
Authorised oenological practices and processes
exclude the addition of water, except where required by
specific technical necessity, 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,
to ensure the
impose stricter conditions
preservation of the essential characteristics of quality wines
psr,
table wines which are described by a geographical
indication and are produced in their territory, 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
with Article 19 as wine grape varieties, or products derived
therefrom, may be used in the Community
the
manufacture of:

for

(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;

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 or with 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 until 31 July 2005, in areas where
in accordance with detailed
such a practice was traditional,
rules to be laid down.

Article 43

The authorised oenological practices and processes are

1.
set out in Annex IV and Annex V.

2.

In particular:

(cid:151) authorised oenological practices and processes concerning
enrichment, acidification, deacidification and sweetening,
and rules
and
maximum volatile acid content, are set out in Annex V,
points A to G,

sulphur dioxide

concerning

content

(cid:151) 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,

(cid:151) authorised oenological practices and processes and rules
concerning the production of liqueur wine are set out in
point J of Annex V.

Article 44

Of

the products

1.
falling within CN codes 2204 10,
2204 21 and 2204 29, only liqueur wines, sparkling wines,
aerated sparkling wines, semi-sparkling wines, aerated semi-
table wines and where
sparkling wines, quality wines psr,
legally imported
appropriate, notwithstanding Article 45,

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wines may be offered or delivered for direct human
consumption within the Community.

9.
Piquette, where its production is authorised by the
Member State concerned, may be used only for distillation or
for consumption in the families of individual wine-growers.

Except

2.
for bottled wine in respect of which there is
evidence that bottling was performed prior to 1 September
1971, wine other than quality wine psr obtained from the vine
varieties referred to in Article 42(5) but not corresponding to
the definitions contained in items 12 to 18 of Annex I may be
used only for consumption by individual wine-producers’
families, for the production of wine vinegar or for distillation.

have

climatic

conditions

years when

3.
In
been
it may be decided that products from wine-
unfavourable,
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 the Community for
the production of sparkling wine and aerated sparkling wine,
provided that such wines have an actual alcholic strength by
volume of not less than 8,5 % vol, or for the production of
aerated semi-sparkling wine.
they shall be
enriched subject to the limits referred to in paragraph 5 of
point D of Annex V.

In that event,

territory of products not

4. Without prejudice to any more restrictive provisions
which Member States apply with respect to this preparation in
falling within CN codes
their
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.

10. Wine fortified for distillation may only be used for
distillation.

Grape must

in fermentation, extracted from raisined
11.
grapes, may be put on the market only for the manufacture of
liqueur wines only in the wine-growing regions where this
usage was traditional on 1 January 1985, and wine of overripe
grapes.

12.
Fresh grapes, grape must, grape must in fermentation,
concentrated grape must, rectified concentrated grape must,
grape must with fermentation arrested by the additional of
alcohol, grape juice and concentrated grape juice originating in
third countries may not be turned into wine or added to wine
in the territory of the Community.

The products referred to in paragraph 12 may not
13.
undergo alcoholic fermentation within the territory of
the
Community. This provision shall not apply to products
the production in the United Kingdom and
intended for
Ireland of products falling within CN code 2206 00 for which,
pursuant to Annex VII, paragraph 2 of point C, Member States
may allow the use of a composite name including the word
(cid:145)wine(cid:146).

5.
Grape juice and concentrated grape juice originating in
the Community may not be made into wine or added to wine.
These products shall be subject to control with respect to their
use. They may not undergo alcoholic fermentation in the
territory of the Community.

14.
Coupage of a wine originating in a third country with a
Community wine and coupage in the geographical territory of
the Community between wines originating in third countries
shall be prohibited.

6.
The provisions of paragraphs 4 and 5 shall not apply to
products intended for the production, in the United Kingdom
and Ireland, of products falling within CN code 2206 00 for
which, pursuant
to Annex VII, paragraph 2 of point C,
Member States may allow the use of a composite name
including the word (cid:145)wine(cid:146).

7. Wine suitable for yielding table wine which does not
reach the minimum actual alcoholic strength by volume for
table wines may not be put into circulation except for the
production of sparkling wine, vinegar making, distillation and
other
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
table wine may take place only on the premises of the wine-
maker or on his behalf.

industrial uses. The enrichment of

The Council may derogate from paragraph 12, the first
in accordance

15.
sentence of paragraph 13 and paragraph 14,
with the international obligations of the Community.

Article 45

Except by way of derogation, the following products may

1.
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 oenological practices not authorised by
Community rules or, where this is permitted, by national
rules;

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.

(b) products as referred to in Article 1(2)(a), (b) and (c) which

are not of sound and fair merchantable quality;

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(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.

carried out under

be
a person
recognised by the Member State who possesses sufficient
knowledge
and
guarantee
to
healthiness of the product;

supervision of

hygiene

quality,

the

the

(e)

the conditions governing holding and circulation, the use
of products as referred to in Article 45 or lists of products
excepted from the requirements of that Article, and the
the purpose of avoiding
establishment of criteria for
hardship in individual cases, the conditions under which
Member States may authorise the holding, circulation and
use of products not complying with the provisions of this
Regulation other than those referred to in Article 45(1), or
with provisions adopted pursuant to this Regulation;

These rules shall, in particular, provide for:

(f)

the general rules for the experimental use of otherwise
unauthorised oenological practices and processes.

(a)

in respect of point A of Annex V, transitional measures
concerning wines produced before 1 September 1986 and
amendments to the lists 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 in those Annexes, with the exception
of limits and conditions fixed in those 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 zones specified 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
in paragraph 4(b) and the declaration and registration
procedure referred to in paragraph 6.

The methods of analysis for determining the composition
3.
the products covered by this Regulation and the rules
of
whereby it may be established whether these products have
undergone processes
to authorised oenological
practices shall be adopted in accordance with the procedure
laid down in Article 75.

contrary

Using the same procedure there shall be adopted, if required,
maximum figures for substances whose presence indicates that
certain oenological practices have been used, and comparative
analysis tables.

for Community
However, where no provision is made
methods of analysis or for the rules referred to in the first
subparagraph
of
detection
substances sought in the product in question, the methods of
analysis to be used shall be:

quantification

and

the

for

The following rules shall be adopted according to the

2.
procedure laid down in Article 75:

(a)

recognised by

those
the
International Vine and Wine Office (IWO) and published
by that Office, or

the General Assembly of

(a)

the rules governing the comparison between certain
oenological practices
applied in third
countries and those referred to in Article 43(1) and
Annex IV;

and processes

(b) where an appropriate method of analysis does not appear
among those referred to in point (a), a method of analysis
complying with the
recommended by the
standards
International Organisation for Standardisation (ISO), or

(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

the oenological
practices and processes authorised; these rules may provide
that certain oenological practices and processes may only

for carrying out

(c)

in the absence of either of the methods referred to in
points
its accuracy,
repeatability and reproducibility:

(a) and (b) and by reason of

(i) a method of analysis allowed by the Member State

concerned, or

(ii)

if necessary, any other appropriate method of analysis.

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Automatic methods of analysis used instead of a Community
to the
method of analysis shall be considered equivalent
Community methods of analysis
referred to in the first
subparagraph, provided it is established, under the procedure
laid down in Article 75, that the results obtained are, as to
their accuracy, repeatability and reproducibility, at least equal
to the results obtained by the corresponding Community
method.

of the nature of the product concerned and that the latter
is not labelled as a Community product or as the product
of a Member State.

The rules referred to in paragraph 1 shall apply to the

3.
description of the products there indicated:

(a) on labels;

CHAPTER II

(b)

in registers and in the accompanying and other documents
prescribed by Community legilsation, hereinafter called
(cid:145)official documents(cid:146), other than customs documents;

DISCRIPTION, DESIGNATION, PRESENTATION AND
PROTECTION OF CERTAIN PRODUCTS

Article 47

Rules

1.
relating to the description, designation and
presentation of certain products covered by this Regulation,
and the protection of certain particulars and terms are set out
in this Chapter and in Annexes VII and VIII. The rules shall
take into account, in particular, the following objectives:

(a)

the protection of the legitimate interests of consumers;

(b) the protection of the legitimate interests of producers;

(c)

the smooth operation of the internal market:

(d) the promotion of the production of quality products.

(c)

in commercial documents, particularly in invoices and
delivery notes;

(d)

in advertising material
made for such purpose in this Regulation.

in so far as special provision is

The rules referred to in paragraph 1 shall apply to the

4.
presentation of the products there indicated in respect of:

(a) containers, including the closure;

(b)

labelling;

(c) packaging.

The rules referred to in paragraph 1 shall apply to

5.
products held for sale and to products put on the market.

The rules mentioned in paragraph 1 shall

2.
particular, provisions:

include,

in

Article 48

(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,
which may be useful for consumers;

including information

(d) governing protection and control arrangements for certain

terms;

(e) governing

the use of

geographical

indications

and

traditional terms;

The description and presentation of the products referred to in
this Regulation, and any form of advertising for such products,
must not be incorrect or likely to cause confusion or to
mislead the persons to whom they are addressed, particularly
as regards:

(cid:151) 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 (cid:145)kind(cid:146), (cid:145)type(cid:146), (cid:145)style(cid:146), (cid:145)imitation(cid:146), (cid:145)brand(cid:146) or the like;

(cid:151) the characteristics of the products, and in particular, their
nature, composition, alcoholic strength by volume, colour,
origin or provenance, quality, the vine variety, vintage year
or nominal volume of the containers,

(f) governing the labelling of products which are imported or,
where authorised under this Regulation, made from those
products, in order to ensure that the consumers are aware

(cid:151) the identity and status of the natural or legal persons or
group of persons who have been or are involved in the
production or distribution of the product in question, in
particular the bottler.

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Article 49

Article 51

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.

1.
For the purposes of applying this Title, a (cid:145)geographical
unit which is smaller than the Member State(cid:146), shall be taken to
mean the name of:

However,
derogations from the provisions of this Regulation may:

in the case of products

intended for export,

(cid:151) be authorised by the Member States where the legislation

of the importing third country so requires,

(cid:151) a small locality or group of such localities,

(cid:151) a local administrative area or part thereof,

(cid:151) a wine-growing subregion or part thereof,

(cid:151) be provided for in the implementing provisions in cases

not covered by the first indent.

(cid:151) a region other than a specified region.

2.
The Member State on whose territory the product whose
description or presentation does not conform to the provisions
referred to in paragraph 1 is located shall take the necessary
steps
infringements
to impose penalties
committed, according to their gravity.

in respect of

resulting from the coupage of wines

The use of a geographical indication to designate table
2.
from grapes
wines
harvested in different wine-growing areas shall be permitted if
at least 85 % of the table wine resulting from the coupage
originates in the wine-growing area whose name it bears.

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

the use,

to describe white table wines, of a
However,
geographical
indication relating to a wine-growing area
situated within wine-growing zone 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 A
and table wines from wine-growing zone B.

1. Member States shall take all necessary measures to enable
interested parties to prevent, on the terms set out in Articles 23
the Agreement on Trade-Related Aspects of
and 24 of
Intellectual Property Rights, the use in the Community of a
geographical indication attached to the products referred to in
for products not originating in the place
Article 1(2)(b)
indication in question, even
indicated by the geographical
where the true origin of
the
geographical indication is used in translation or accompanied
by expressions such as (cid:145)kind(cid:146),
(cid:145)imitation(cid:146) or the
like.

indicated or

the goods

(cid:145)style(cid:146),

(cid:145)type(cid:146),

is

2.
For the purposes of this Article, (cid:145)geographical indications(cid:146)
is taken to mean indications which identify a product as
originating in the territory of a third country which is a
member of the World Trade Organisation 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 of origin.

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.

3. Member States may make the use of a geographical
indication for designating a
in
particular, on the wine having been produced wholly from
certain clearly specified vine varieties and coming exclusively
from the territory, precisely demarcated, whose name it bears.

table wine

conditional,

Article 52

If a Member State uses the name of a specified region to
1.
designate a quality wine psr or, where appropriate, a wine
intended for processing into such a quality wine psr,
that
name may not be used to designate products of the wine
sector not produced in that
region and/or products not
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 part thereof or a small locality solely to
designate a quality wine psr or, where appropriate, a wine
intended for processing into such a quality wine psr.

Without prejudice to the Community provisions concerning
specific types of quality wine psr, Member States may, in the

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case of certain conditions of production which they shall
determine, authorise the name of a specified region to be
accompanied by details relating to the method of manufacture
or the type or by the name of a vine variety or a synonym
thereof.

4.

The names:

(cid:151) of a given region,

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 a maximum of three
wine years.

(cid:151) of a geographical unit smaller than the given region,
provided that that name has been attributed by a Member
State for the description of 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:

2.

The following names and terms:

(cid:151) the name of a vine variety,

(cid:151) a traditional specific 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

(a)

(b)

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 material for producing wine,
that the above names and terms are recognised in the
Member State of origin of
that
recognition complies with Community law;

the product and that

in respect of beverages other than those referred to in
point
there is no risk of confusion as to the
nature, origin or source and composition of such bevarage.

that

(a),

(cid:151) an additional traditional term referred to in the fifth indent
of point B 1(b) of Annex VII, provided that it is attributed
by a Member State for the description of a wine under
Community provisions,

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).

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 of confusion as to the nature, origin or source and
composition of such beverage.

(cid:145)Hock(cid:146),

The use of a name or a term as referred to in point 2 or
3.
and
(cid:145)Claret(cid:146),
the words
of
(cid:145)Liebfraumilch(cid:146),even when accompanied by a word such as
(cid:145)kind(cid:146), (cid:145)type(cid:146), (cid:145)style(cid:146), (cid:145)imitation(cid:146) or other similar expression, shall
be prohibited with respect to the description and presentation
of:

(cid:145)Liebfrauenmilch(cid:146)

Article 53

The detailed rules for the implementation of this Chapter
1.
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 those Annexes.

The following provisions shall be adopted in accordance

2.
with the procedure laid down in Article 75:

(cid:151) an item covered by CN code 2206, except where the item
in question actually comes from the place so designated,

(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;

(cid:151) 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 is actually obtained from such
variety unless that name gives rise to confusion with the
name of a specific region or geographically unit used to
describe a quality wine psr.

(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 of Annex VII, or referred to in the second indent
of paragraph 2(c) of point B of Annex VIII;

(c)

the conditions
referred to in paragraph 2 of point A of Annex VII;

for using the geographical

indications

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(d) the particulars referred to in paragraph 4 of point A of

Annex VII;

(e)

the conditions for using the particulars referred to in
and the
paragraph 1 of point B of Annex VII,
referred to in
circumstances
paragraph 3 of point B of Annex VII;

for using the particulars

(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 which are not referred to in paragraph 1
of point A of Annex VII or in Annex VIII, in particular
grape must, partially fermented grape must, 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)

giving, where

of
appropriate,
the
geographical units referred to in the second indent of
paragraph 1 of point E of Annex VIII;

names

the

of

(j)

the compulsory and optional particulars to be included in
registers and in official and commercial documents;

(k) the detailed arrangements

referred to respectively in

paragraphs 2 and 5 of point G of Annex VIII;

(l)

the detailed arrangements
referred to in paragraph 6 of point I of Annex VIII.

and derogating provisions

TITLE VI

QUALITY WINE PRODUCED IN SPECIFIED REGIONS

Article 54

(c) grape must in fermentation;

Quality wines produced in specified regions ((cid:145)quality
shall mean wines which comply with the
this Title and the Community and national

1.
wines psr(cid:146))
provisions of
provisions adopted in this connection.

(d) new wines still in fermentation;

(e) wine.

2.

(cid:145)Quality wines psr shall cover the following categories:(cid:146)

(a)

(cid:145)quality liqueur wines produced in specific
regions(cid:146),
hereinafter called (cid:145)quality liqueur wines psr(cid:146), which comply
with the definition of liqueur wine;

(b)

(c)

(cid:145)quality sparkling wines produced in specific regions(cid:146),
hereinafter called (cid:145)quality sparkling wines psr(cid:146), which
including
comply with the definition of sparkling wine,
quality sparkling wines of the aromatic type;

semi-sparkling wines produced

(cid:145)quality
in specified
regions(cid:146), hereinafter called (cid:145)quality semi-sparkling wines
psr(cid:146), which comply with the definition of semi-sparkling
wine;

(d) quality wines psr other

than those mentioned in

subparagraphs (a), (b) and (c).

Products suitable for yielding a quality wine psr shall be

3.
defined as being:

(a)

fresh grapes;

(b) grape must;

4. Member States shall forward to the Commission the list
of quality wines psr which they have recognised, stating, for
each of
the national
provisions governing the production and manufacture of those
quality wines psr.

these quality wines psr, details of

The Commission shall publish the list in the (cid:145)C(cid:146) Series of

5.
the Official Journal of the European Communities.

Article 55

and regard being had to the

1.
The provisions covering the production of quality wines
psr shall, in addition to any national rules adopted pursuant to
traditional
Article 57(1),
conditions of production in so far as these 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;

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(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.

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 to deteriorate or alter,

(b) the wine has undergone a prohibited treatment or is not

legally described as a quality wine psr.

The provisions referred to in paragraph 1 are set out in

2.
Annex VI at points A to J.

Article 57

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 VI shall apply to quality liqueur wine psr
only.

1.
In addition to the factors listed in Article 55, producer
Member States may, taking into account fair and traditional
practices, determine such other conditions of production and
characteristics as shall be obligatory for quality wines psr.

Article 56

1. Member States shall draw up the rules in accordance
with which, at the production stage:

2.
In addition to the other provisions laid down in this
Regulation, producer Member States may, taking into account
lay down additional or more
fair and traditional practices,
stringent
production,
of
or
manufacture and movement in respect of the quality wines psr
produced in their territory.

characteristics

conditions

(a) a producer may:

Article 58

(i) not request classification as a quality wine psr of a
product which appears in his harvest or production
declaration as a product suitable for yielding quality
wine psr; or

Detailed rules for the application of this Title and Annex VI
shall be adopted in accordance with the procedure laid down
in Article 75.

(ii) downgrade a quality wine psr, in particular to a table

wine;

These rules may include:

(b) the competent body to be designated by the Member States

may downgrade a quality wine psr.

The downgrading af a quality wine psr at the marketing

2.
stage shall be effected:

(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
geographical situation and administrative structures;

(a) by the competent body of the Member State in whose

territory the wine is located:

(c)

the use to be made of downgraded quality wines psr and
the conditions governing such use;

(i) where the wine originates in that Member State, or

(ii) where small quantities to be determined are concerned;

(d) appropriate provisions

relating to the systematic and
general application of organoleptic tests,
the use to be
made of wines which do not satisfy the requirements of
the tests and the conditions governing such use.

(b) by the competent body of the Member State of origin of

the wine in cases not referred to in (a).

(e)

the determination of the small quantities referred to in
Article 56(2)(a)(ii).

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TITLE VII

TRADE WITH THIRD COUNTRIES

Article 59

be lodged equal to the import duties determined on the basis
of the flat-rate import value.

licence.

Import into the Community of any of the products listed
1.
in Article 1(2)(a) and (b) shall be subject to presentation of an
Imports into the Community of any other
import
products
from the
Community of any products listed in Article 1(2) may be
subject to presentation of an import or export license.

listed in Article 1(2)

and exports

Licences

shall be issued by Member States
irrespective of his place of establishment

to any
2.
applicant,
in the
Community and without prejudice to measures taken for the
application of Articles 62 and 63.

Licences shall be valid throughout the Community.

to the lodging of a
Such licences shall be issued subject
security guaranteeing that
the products are imported or
exported during the term of 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.

The following shall be adopted in accordance with the

3.
procedure laid down in Article 75:

(a)

the list of products in respect of which import or export
licences are required;

If, in the case referred to in the second subparagraph, the entry
price of the consignment is not declared, the application of
Common Customs Tariff shall be dependent on the flat-rate
import value or on the application, under conditions to be
determined in accordance with paragraph 3, of the relevant
provisions of customs legislation.

In the event

to an amount

that derogations

in Article 44(15) are
3.
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 be specified. The security shall be
to the
released on presentation by the importer of proof,
satisfaction of the customs authorities of the Member State of
release for free circulation, that the musts were made into
grape juice, used in other products outside the wine sector or,
if vinified, have been appropriately labelled.

shall

in particular cover

4.
Detailed rules of application for this Article shall be
adopted using the procedure laid down in Article 75. These
the setting of criteria for
rules
determining which control method is to be applied and what
factors are to enter into the calculation of
flat-rate import
values, the level of security referred to in paragraph 3 and the
rules governing the release of this security.

(b) the term of validity of the licence and other detailed rules

for the application of this Article.

Article 61

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 depends on the import price of the product, the
actual amount of this price shall be verified either by checking
every consignment or be using a flat-rate import value
calculated by the Commission on the basis of price quotations
for the same products in the countries of origin.

1.
In order to prevent or counteract adverse effects on the
market in the Community which may result from imports of
certain products listed in 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 additional
import duty if
the
Agreement on Agriculture concluded in accordance with
Article 300 of the Treaty in the framework of the Uruguay
Round of multilateral trade negotiations have been fulfilled,
unless the imports are unlikely to disturb the Community
market, or where the effects would be disproportionate to the
intended objective.

the conditions set out

in Article 5 of

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.

Should the declared entry price of the consignment be higher
than the flat-rate import value, if such applies, increased by a
margin adopted in accordance with paragraph 3 that may not
exceed the flat-rate value by more than 10 %, a security must

The trigger volumes which must be exceeded for an additional
import duty to be imposed shall be determined in particular
on the basis of Community imports over the three years

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preceding the year in which the adverse effects referred to in
paragraph 1 have occured or are likely to occur.

The import prices to be taken into account

3.
for the
imposition of an additional import duty shall be determined
on the basis of
the shipment
concerned.

import prices of

the cif

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.

The Commision shall adopt detailed rules

4.
the
application of this Article in accordance with the procedure
laid down in the Article 75. Such detailed rules shall specify in
particular:

for

Community market and the need to safeguard the equilibrium
of that market, while at the same time possibly drawing on the
methods which have been applied in the past
to quotas
corresponding to those referred to in paragraph 1, without
prejudice to the rights resulting from agreements concluded as
part of the Uruguay Round of trade negotiations.

The detailed rules

4.
referred to in paragraph 1 shall
provide for annual quotas, if necessary, suitably phased in over
the year and shall 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);

(a)

the products to which additional
import duties shall be
applied, in accordance with Article 5 of the Agreement on
Agriculture;

(c)

the conditions under which import licences are issued and
their term of validity.

(b) the other criteria necessary for application of paragraph 1

in accordance with Article 5 of the said Agreement.

Article 63

Article 62

1.

To the extent necessary to enable the export of:

(a) products listed in Article 1(2)(a), (b) and (c);

1.
Tariff quotas for the products covered by this Regulation
resulting from agreements concluded in accordance with
Article 300 of the Treaty or from any other act of the Council
shall be opened and administered by the Commission in
accordance with detailed rules adopted under the procedure
laid down in Article 75.

Quotas shall be administered by applying one of

2.
following methods or a combination of them:

the

(a) a method based on the chronological order in which
applications are lodged ((cid:145)first come, first served principle(cid:146));

(b) a method of distribution in proportion to the quantities
requested when the applications were lodged (using the
(cid:145)simultaneous examination(cid:146) method);

(b) sugars falling within CN code 1701, glucose and glucose
syrup falling within CN codes 1702 30 91, 1702 30 99
1702 40 90 and 1702 90 50,
including in the form of
falling within CN codes 1702 30 51 and
products
incorporated into products falling with CN
1702 30 59,
codes
and
2204 30 99,

2009 60 11,

2009 60 71,

2009 60 79

on the basis of prices for those products in international trade
and within the limits resulting from agreements concluded in
accordance with Article 300 of
the difference
between those prices and prices in the Community may be
covered by export refunds.

the Treaty,

For

2.
exported with refunds, the method shall be established which:

the quantities which may be

the allocation of

(c) a method based on taking traditional trade patterns into
importers/new arrivals(cid:146)

(using the (cid:145)traditional

account
method).

(a)

Other appropriate methods may be adopted. They shall avoid
any discrimination between the operators concerned.

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 be made of the available resources,
and having regard to the efficiency and structure of
creating
without,
Community
discrimination between large and small operators;

however,

exports

3.
The method of administration adopted shall, where
appropriate, give due weight to the supply requirements of the

(b)

is the least cumbersome administratively for operators,
having regard to management imperatives;

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(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.

for

Detailed rules

8.
this Article,
including provisions on redistribution of unallocated or unused
exportable quantities, shall be adopted in accordance with the
procedure laid down in Article 75.

application of

the

Article 64

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 at regular intervals.

This Article shall apply to the refunds referred to in

1.
Article 63(1).

Refunds fixed at regular intervals may, where necessary, be
adjusted in the intervening period by the Commission at the
request of a Member State or on its own initiative.

The amount of the refund for products referred to in

2.
Article 63(1)(b) shall be:

The provisions of Article 64 regarding the products referred to
therein shall apply on a supplementary basis.

Refunds shall be granted only on application and on

4.
presentation of the relevant export licence.

The refund applicable to exports of products listed in
5.
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)

the destination indicated on the

for
appropriate,

licence or,

if

(b) for the actual destination, if it differs from that indicated
on the licence. In that case the amount applicable may not
exceed the amount applicable to the destination indicated
on the licence.

(a)

(b)

in the case of raw sugar and white sugar, the amount of
refund for export of these products unprocessed as fixed in
accordance with Article 17 of Council Regulation (EEC)
No 1785/81 of 30 June 1981 on the
common
organisation of the market in the sugar sector (1), and with
the provisions adopted for its application;

in the case of glucose and glucose syrup, the amount of
the refund for export of these products unprocessed as
in accordance with
these products
fixed for each of
Article 13 of Council Regulation (EEC) No 1766/92 of
30 June 1992 on the common organisation of the market
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 their manufacture.

The accuracy of this declaration shall be subject to checks by
the competent authorities of the Member State concerned.

Appropriate measures may be taken to preclude abuse of the
flexibility provided for in this paragraph.

The following shall be taken into account when refunds

3.
are being fixed:

6.
Paragraphs 4 and 5 may be waived in the case of
products listed in Article 1 on which refunds are paid under
in accordance with the procedure laid
food-aid operations,
down in Article 75.

7.
Compliance with the limits on volumes arising from
agreement concluded in accordance with Article 300 of the
Treaty shall be ensured on the basis of the export certificates
issued for the reference periods provided for therein and
applicable to the products concerned.

(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

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 export licences.

(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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points of the Community as well as the costs of shipment
to the country of destination;

rule in accordance with the procedure laid down in
Article 75, provided that conditions are laid down which
offer equivalent guarantees.

(c)

the objectives of the common organisation of the market
in wine, which are to ensure balance on the markets and
natural development in respect of prices and trade;

Additional provisions may be adopted in accordance with the
procedure laid down in Article 75.

(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;

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 countries and re-exported to
third countries.

(f)

the economic aspect of the proposed exports.

Article 65

4.
Community market prices referred to in Article 63(1)
shall be determined on the basis of the most advantageous
export prices.

The following shall be taken into account when the prices in
international
trade referred to in Article 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

account being taken, where appropriate, of
granted by those countries;

recorded in exporting third countries,
subsidies

(d) free-at-Community-frontier offer prices.

5. Without prejudice
subparagraph of
to the
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.

third

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

To the extent necessary for the proper working of the
1.
the Council,
the market
common organisation of
form the
acting by a qualified majority on a proposal
Commission, may in particular cases prohibit
the use of
inward-processing arrangements wholly or partially in respect
of the products listed in Article 1.

in wine,

or

outward

2.
By way of derogation from paragraph 1, if the situation
referred to in that paragraph occurs with particular urgency
and if the Community market is, or is likely to be, disturbed
by
the
inward-processing
Commission shall, at the request of a Member State or on its
own initative, decide on the necessary measures; the Council
and the Member States shall be notified of such measures, the
period of validity of which may not exceed six months and
which shall apply immediately. If the Commission receives a
request from a Member State, it shall take a decision thereon
within one week of receipt of the request.

arrangements,

3.
The Commissions’ decision may be referred to the
Council by any Member State within one week following the
day of notification. The Council, acting by a qualified majority,
may confirm, amend or annul the Commission’s decision. If
the Council has not reached a decision within three months,
the Commission’s decision shall be deemed to have been
repealed.

Article 66

1.
The general rules for the interpretation of the Combined
Nomenclature and the special rules for its application shall
apply to the classification of products covered by this
Regulation;
from the
this Regulation shall be incorporated in the
application of
Common Customs Tariff.

tariff nomenclature

resulting

the

Save as otherwise provided for
to a provision thereof,

this Regulation or
the following shall be

2.
pursuant
prohibited:

(a)

the levying of any charge having equivalent effect to a
customs duty;

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(b) the application of any quantitative restriction or measure

having equivalent effect.

as

products
referred to in paragraph 1 which are
transported in limited quantities and put up in small
containers,

Article 67

1.
The import of the products covered by this Regulation to
which alcohol has been added with the exception of those
products equivalent to products originating in the Community
in respect of which such a mixture 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 from paragraph 1 shall be adopted in accordance
with the procedure laid down in Article 75.

Article 68

The products referred to in Article 1(2)(a) and (b) may be

1.
imported only if the following conditions are fulfilled:

(a)

in respect of all the products:

(c) waiving wholly or

in part

the
for
particulars contained in the certificate or
the analysis
report provided for in paragraph 1(a) in the case of certain
wines accompanied by a certificate of designation of origin
or by a certificate of origin.

requirment

the

3.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in
Article 75.

Article 69

If, by reason of

imports or exports,

1.
the Community
market in one or more of the products listed in Article 1(2) is
affected by, or is threatened with, serious disturbance likely to
in
jeopardise the achievement of
Article 33 of the Treaty, appropriate measures may be applied
in trade with third countries until such disturbance has ceased.

the objectives

set out

(i)

they

correspond to the provisions governing
if
production, marketing and, where appropriate, delivery
for direct human consumption in the third countries in
which they originate, and evidence of compliance with
this conditon is furnished in the form of a certificate
issued by a competent body, included on a list to be
determined, in the third country in which the product
originates;

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 the Community;

(ii) where

are

they

human
intended
consumption, if they are accompanied by an analysis
report drawn up by a body or department desingated
by the third country in which the product originates;

direct

for

(b)

of wines

respect

in
consumption other
wines:

intended

human
for
than liqueur wines and sparkling

direct

(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.

(i)

if they have an actual alcoholic strength by volume of
not less than 9 % vol and a total alcoholic strength by
volume not exceeding 15 % vol;

(ii)

if they have a total acidity content expressed as tartaric
acid of not less than 3,5 or 46,6 milliequivalents per
litre.

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 on the necessary measures; the Member
States shall be notified of such measures, 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.

Provisions may be made under the procedure laid down

2.
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
in the case of certain

provided for in paragraph 1(a)

3. Measures decided on by the Commission may be referred
to the Council by any Member State within three working days
of the day of notification. The Council shall meet without
delay. It may, acting by a qualified majority, amend or annul
the measures in question.

This Article shall be applied having regard to the
agreements

4.
obligations
from the
concluded in accordance with Article 300(2) of the Treaty.

international

arising

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TITLE VIII

GENERAL, TRANSITIONAL AND FINAL PROVISIONS

Article 70

These rules may in particular include provisions:

1.
The products covered by this Regulation may be put into
circulation within the Community only with an officially
checked accompanying document.

(a)

to ensure uniform application of Community provisions in
the wine sector, in particular as regards controls;

2.
Natural or legal persons or groups of persons who hold
in particular
such products in the exercise of
producers, bottlers and processors, as well as merchants to be
determined,
shall be obliged to keep goods inwards and
outwards registers in respect of those products.

their trade,

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 the products 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.

(b) governing relation between the designated authorities;

(c) governing

specific
the
improvement of controls;

financial procedures

for

the

(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
the information to be
transmitted, and time limits for its communication as well as
distribution of the information gathered shall be adopted in
accordance with the procedure laid down in Article 75.

Article 74

Article 72

A Management Committee for Wine (herainafter called (cid:145)the
Committee(cid:146)) is hereby set up consisting of representatives of
Member States and chaired by a representative of
the
Commission.

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 official analyses in the
wine sector.

shall

2. Member States
the
names and addresses of these authorities and laboratories. The
Commission shall
information to the other
Member State.

inform the Commission of

forward this

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.

Article 75

1. Where the procedure laid down in this Article is to be
to the
followed,
Committee, either on his own initiative or at the request of the
representative of a Member State.

the Chairman shall

the matter

refer

to be

The representative of the Commission shall submit to the
2.
Committee a draft of
taken. The
the measures
Committee shall deliver its opinion on the draft within a time
limit which the Chairman may lay down according to the
urgency of the matter. The opinion shall be delivered by the
majority provided for in Article 205(2) of the Treaty in the
case of decisions which the Council is required to adopt on a
proposal
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.

from the Commission.

votes

The

of

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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 the measures
which it has decided for a period of not more than one month
from 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 the
representative of a Member State.

Article 77

This Regulation shall be so applied that appropriate
1.
account is taken, at the same time, of the objectives set out in
Article 33 and 131 of the Treaty.

This Regulation shall be applied having regard to the
agreements

2.
obligations
from the
concluded in accordance with Article 300(2) of the Treaty.

international

arising

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 of Title III, the buying-in and support referred
to in Chapter II of
that Title and the aids referred to in
Chapter III of that Title and the refunds referred to in Title VII
shall be
intervention designed to stabilise
agricultural markets within the meaning of Article 2(2) of
Regulation (EC) No 1258/1999.

regarded as

the refunds which may be granted under Title VII may only be
granted in respect of products produced 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 this Regulation.

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 this Regulation;

(b) where required, to resolve specific practical problems. Such
if duly justified, may derogate from certain

measures,
provisions of this Regulation.

Article 81

(EEC) No 456/80,

(EEC) No 457/80,

Regulations (EEC) No 346/79, (EEC) No 351/79, (EEC) No 460/
79,
(EEC) No 458/80,
(EEC) No 1873/84, (EEC) No 895/85, (EEC) No 822/87, (EEC)
(EEC) No 3877/88,
(EEC)
No 823/87,
(EEC) No 2048/89,
(EEC)
No 4252/88,
(EEC)
(EEC) No 2391/89,
No 2389/89,
No 2392/89,
(EEC)
(EEC) No 3895/91,
No 2332/92 and (EEC) No 2333/92 are hereby repealed.

(EEC) No 1442/88,
(EEC) No 2046/89,
(EEC) No 2390/89,
(EEC) No 3677/89,

Article 82

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

3.
the
Notwithstanding any more restrictive provisions,
Community support which may be granted under Title III and

It shall apply from 1 August 2000.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 17 May 1999.

For the Council

The President

K.-H. FUNKE

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ANNEX I

PRODUCT DEFINITIONS

The following definitions shall apply to:

(cid:151) products obtained in the Community from grapes harvested in the Community, including wine referred to in the

sixth indent of pargraph 15, and

(cid:151) products other than those referred to in paragraphs 3, 4, 5, 6, 7, 12, 13, 14, 15, 16, 17, 18 and 24 where they

(cid:151) originate in third countries, or

(cid:151) 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 partial fermentation of grape
must obtained from raisined grapes, the total sugar content of which before fermentation is at least 272 grams
per litre and the natural and actual alcoholic strength 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:

(cid:151) has an actual alcoholic strength by volume of not less than 12 % vol. but less than 15 % vol., and

(cid:151) 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):

(cid:151) 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.,

(cid:151) 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:

(cid:151) obtained by partial dehydration of grape must carried out by any authorised method other than by direct
heat in such a way that the figure indicated by a refractometer used in accordance with a method to be
prescribed at a temperature of 20 (cid:176)C is not less than 50,9 %;

(cid:151) derived exclusively from vine varieties referred to in Article 42(5);

(cid:151) 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.

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7. Rectified concentrated grape must: the liquid uncaramelised product which:

(cid:151) is obtained by partial dehydration of grape must carried out by any authorised method other than direct heat
in such a way that the figure indicated by a refractometer used in accordance with a method to be prescribed
at a temperature of 20 (cid:176)C is not less than 61,7 %;

(cid:151) has undergone authorised treatment for deacidification and elimination of constituents other than sugar;

(cid:151) has the following characteristics:

(cid:151) a pH of not more than 5 at 25 (cid:176) Brix,

(cid:151) an optical density at 425 nm for a thickness of 1 cm of not more than 0,100 in grape must

concentrated at 25 (cid:176) Brix,

(cid:151) a sucrose content undetectable by a method of analysis to be defined,

(cid:151) a Folin-Ciocalteau index of not more than 6,00 at 25 (cid:176) Brix,

(cid:151) a titratable acidity of not more than 15 milliequivalents per kilogram of total sugars,

(cid:151) a sulphur dioxide content of not more than 25 milligrams per kilogram of total sugars,

(cid:151) a total cation content of not more than 8 milliequivalents per kilogram of total sugars,

(cid:151) a conductivity at 25 (cid:176) Brix and 20 (cid:176)C of not more than 120 micro-Siemens/cm,

(cid:151) a hydroxymethylfurfural content of not more than 25 milligrams per kilogram of total sugars,

(cid:151) presence of mesoinositol,

(cid:151) is derived exclusively from the vine varieties referred to in Article 42(5),

(cid:151) 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:

(cid:151) from conentrated grape must; or

(cid:151) 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 (cid:176)C 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.

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12. Wine suitable for yielding table wine: wine which:

(cid:151) is derived exclusively from vine varieties referred to in Article 42(5);

(cid:151) is produced in the Community, and

(cid:151) 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:

(cid:151) is derived exclusively from vine varieties referred to in Article 42(5);

(cid:151) is produced in the Community;

(cid:151) 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.;

(cid:151) subject to derogations which may be adopted, has a total acidity 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 ba raised to 20 % vol.

(cid:145)Retsina(cid:146) 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 (cid:145)retsina(cid:146) table wine under the conditions laid down in the Greek provisions applicable.

14.

Liqueur wine: the product:

A. Having:

(cid:151) an actual alcoholic strength by volume of not less than 15 % vol. and not more than 22 % vol.;

(cid:151) 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:

(cid:151) grape must in fermentation; or

(cid:151) wine; or

(cid:151) a combination of the above products; or

(cid:151) 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:

(cid:151) to be derived from vine varieties which shall be selected from among those referred to in

Article 42(5); and

(cid:151) 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:

(cid:151) 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.;

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(cid:151) 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:

(cid:151) concentrated grape must;

(cid:151) 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:

(cid:151) either of products listed in (i) individually or in combination;

(cid:151) or of one or more of the following products:

(cid:151) 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.;

(cid:151) 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.;

(cid:151) 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.;

(cid:151) together with one or more of the following products, where appropriate:

(cid:151) partially fermented grape must obtained from raisined grapes;

(cid:151) concentrated grape must obtained by the action of direct heat, complying, with the

exception of this operation, with the definition of concentrated grape must;

(cid:151) concentrated grape must;

(cid:151) 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).

15.

Sparkling wine: save for the derogation provided for in Article 44(3), the product which is obtained by first or
second alcoholic fermentation:

(cid:151) of fresh grapes;

(cid:151) of grape must;

(cid:151) of wine,

suitable for yielding table wine;

(cid:151) of table wine;

(cid:151) of quality wine psr,

(cid:151) 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 (cid:176)C in closed containers.

16. Aerated sparkling wine: the product which:

(cid:151) is obtained from table wine;

(cid:151) releases, when the container is opened, carbon dioxide derived wholly or partially from an addition of that

gas; and

(cid:151) has an excess pressure, due to carbon dioxide in solution, of not less than 3 bar when kept at a temperature

of 20 (cid:176)C in closed containers.

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17.

Semi-sparkling wine: the product which:

(cid:151) 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.;

(cid:151) has an actual alcoholic strength by volume of not less than 7 % vol.;

(cid:151) 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 (cid:176)C in closed containers;

(cid:151) is put up in containers of 60 litres or less.

18. Aerated semi-sparkling wine: the product which:

(cid:151) is obtained from table wine, quality wine psr or from products suitable for yielding table wine or quality

wine psr;

(cid:151) has an actual alcoholic strength of not less than 7 % vol. and a total alcoholic strength of not less than 9 %

vol.;

(cid:151) has an excess pressure of not less than 1 bar and not more than 2,5 bar when kept at a temperature of 20 (cid:176)C

in closed containers due to carbon dioxide in solution which has been wholly or partially added;

(cid:151) is put up in containers of a capacity not exceeding 60 litres.

19. Wine vinegar: vinegar which:

(cid:151) is obtained exclusively by acetous fermentation of wine; and

(cid:151) 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:

(cid:151) the residue accumulating in vessels containing grape must during storage or after authorised treatment;

(cid:151) 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:

(cid:151) by the fermentation of untreated grape marc macerated in water; or

(cid:151) by leaching fermented grape marc with water.

23. Wine fortified for distillation: the product which:

(cid:151) has an actual alcoholic strength by volume of not less than 18 % vol. and not more than 24 % vol.;

(cid:151) 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.; and

(cid:151) has a maximum volatile acidity of 1,5 grams per litre, expressed as acetic acid.

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24. Wine of overripe grapes: the product:

(cid:151) 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;

(cid:151) having a natural alcoholic strength of more than 15 % vol.;

(cid:151) 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.

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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 (cid:176)C 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 (cid:176)C
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 actual and potential alcoholic strength.

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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:

(cid:151) in Alsace: Bas-Rhin, Haut-Rhin;

(cid:151) in Lorraine: Meurthe-et-Moselle, Meuse, Moselle, Vosges;

(cid:151) in Champagne: Aisne, Aube, Marne, Haute-Marne, Seine-et-Marne;

(cid:151) in the Jura: Ain, Doubs, Jura, Haute-Sa(cid:244)ne;

(cid:151) in Savoie: Savoie, Haute-Savoie, IsŁre (Commune de Chapareillan);

(cid:151) in the Val de Loire: Cher, Deux-SŁvres, Indre, Indre-et-Loire, Loir-et-Cher, Loire-Atlantique, Loiret, Maine-
et-Loire, Sarthe, VendØe, Viene, and the areas under vines in the arrondissement of Cosne-sur-Loire in the
department of NiŁvre;

(c)

in Austria: the Austrian wine-growing area.

3. Wine-growing zone C I a) comprises the area under vines:

(a)

in France:

(cid:151) in the following departments: Allier, Alpes-de-Haute-Provence, Hautes-Alpes, Alpes-Maritimes, AriŁge,
Aveyron, Cantal, Charente, Charente-Maritime, CorrŁze, C(cid:244)te-d’Or, Dordogne, Haute-Garonne, Gers,
Gironde, IsŁre (with the exception of the commune of Chapareillan), Landes, Loire, Haute-Loire, Lot, Lot-
et-Garonne, LozŁre, NiŁvre (except for the arrondissements of Cosne-sur-Loire), Puy-de-D(cid:244)me, PyrØnØes-
Atlantiques, Hautes-PyrØnØes, Rh(cid:244)ne, Sa(cid:244)ne-et-Loire, Tarn, Tarn-et-Garonne, Haute-Vienne, Yonne;

(cid:151) in the arrondissements of Valence and Die in the department of Dr(cid:244)me (except for the cantons of

Dieulefit, Loriol, Marsanne and MontØlimar);

(cid:151) in the department of ArdŁche, in the arrondissement of Tournon and the cantons of Antraigues, Buzet,
Coucouron, Montpezat-sous-Bauzon, PrVs, Saint-Etienne de LugdarŁs, Saint-Pierreville, Valgorge and la
Voulte-sur-Rh(cid:244)ne;

(b)

in Spain, in the provinces of Asturias, Cantabria, Guipœzcoa, La Coruæa and Vizcaya;

(c)

in Portugal, in that part of the region of Norte which corresponds to the designated wine area of (cid:145)Vinho Verde(cid:146)
as well as the (cid:145)Concelhos de Bombarral, Laurinhª, Mafra e Torres Vedras(cid:146) (with the exception of (cid:145)Freguesias da
Carvoeira e Dois Portos(cid:146)), belonging to the (cid:145)Regiªo viticola da Extremadura(cid:146).

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:

(cid:151) in the following departments: Aude, Bouches-du-Rh(cid:244)ne, Gard, HØrault, PyrØnØes-Orientales (except for the

cantons of Olette and Arles-sur-Tech), Vaucluse;

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(cid:151) in the part of the department of Var bounded in the south by the northern limit of the communes of
Evenos, Le Beausset, SolliŁs-Toucas, Cuers, Puget-Ville, CollobriŁres, La Garde-Freinet, Pland-de-la-Tour and
Sainte-Maxime;

(cid:151) in the arrondissement of Nyons and the cantons of Dieulefit, Loirol, Marsanne and MontØlimar in the

department of Dr(cid:244)me;

(cid:151) in those parts of the department of ArdŁche not listed in point 3(a);

(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:

(cid:151) in the following provinces:

(cid:151) Lugo, Orense, Pontevedra,

(cid:151) `villa (except for the communes which correspond to the designated wine (cid:145)comarca(cid:146) of Cebreros),

Burgos, Le(cid:243)n, Palencia, Salamanca, Segovia, Soria, Valladolid, Zamora,

(cid:151) La Rioja,

(cid:151) `lava,

(cid:151) Navarra,

(cid:151) Huesca,

(cid:151) Barcelona, Gerona, LØrida;

(cid:151) in that part of the province of Zaragoza which lies to the north of the river Ebro;

(cid:151) in those communes of the province of Tarragona included in the PenedØs registered designation of origin.

(cid:151) in that part of the province of Tarragona which corresponds to the designated wine (cid:145)comarca(cid:146) of Conca de

BarberÆ.

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:

(cid:151) in the departments of Corsica;

(cid:151) 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, SolliŁs-Toucas, Cuers, Puget-Ville, CollobriŁres, La
Garde-Freinet, Plan-de-la-Tour and Sainte-Maxime;

(cid:151) in the cantons of Olette and Arles-sur-Tech in the department of PyrØnØes-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 national provisions in force
on 1 March 1986 and Portugal, from the national provisions in force on 1 March 1998.

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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,
in

in fermentation extracted from raisined grapes, concentrated grape must and new wine still

grape must
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;

(cid:151) addition of diammonium phosphate or ammonium sulphate within certain limits,

(cid:151) addition of ammonium sulphite or ammonium bisulphite within certain limits,

(cid:151) 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:

(cid:151) edible gelatine,

(cid:151) isinglass,

(cid:151) casein and potassium caseinate,

(cid:151) ovalbumin and/or lactalbumin,

(cid:151) bentonite,

(cid:151) silicon dioxide as a gel or colloidal solution,

(cid:151) kaolin,

(cid:151) tannin,

(cid:151) pectinolytic enzymes,

(cid:151) 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:

(cid:151) neutral potassium tartrate,

(cid:151) potassium bicarbonate,

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(cid:151) calcium carbonate, which may contain small quantities of the double calcium salt of L (+) tartaric and L (ﬂ)

malic acids,

(cid:151) calcium tartrate,

(cid:151) tartaric acid, under conditions to be determined,

(cid:151) 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.

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 charcoal for oenological use;

(g) use of calcium carbonate, which may contain small quantities of the double calcium salt of L (+) tartaric and

L (ﬂ) 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)

(e)

centrifuging and filtration, with or without an inert filtering agent, on condition that no undesirable residue is
left in the products so treated;

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;

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(h)

addition of sorbic acid or potassium sorbate provided that the final sorbic acid content of the treated product
on its release to the market for direct human consumption does not exceed 200 mg/l;

(i)

(j)

addition of L-ascorbic acid up to certain limits;

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:

(cid:151) neutral potassium tartrate,

(cid:151) potassium bicarbonate,

(cid:151) calcium carbonate, which may contain small quantities of the double calcium salt of L (+) tartaric and

L (ﬂ) malic acids,

(cid:151) calcium tartrate,

(cid:151) tartaric acid, under conditions to be determined,

(cid:151) 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:

(cid:151) edible gelatine,

(cid:151) isinglass,

(cid:151) casein and potassium caseinate,

(cid:151) ovalbumin and/or lactalbumin,

(cid:151) bentonite,

(cid:151) silicon dioxide as a gel or colloidal solution,

(cid:151) kaolin;

(cid:151) an enzymatic preparation of betaglucanase, under conditions to be determined;

(n)

addition of tannin;

(o)

treatment of white wines with charcoal for oenological use, within certain limits,

(p)

treatment, under conditions to be laid down:

(cid:151) of grape must in fermentation intended for direct human consumption as such, white wines and rosØ

wines with potassium ferrocyanide,

(cid:151) of red wines with potassium ferrocyanide or with calcium phytate;

(q)

addition of metatartaric acid within certain limits;

(r)

use of acacia;

(s)

(t)

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;

use, for the manufacture of sparkling wines obtained by fermentation in bottle and with the lees separated by
disgorging:

(cid:151) of calcium alginate,

or

(cid:151) of potassium alginate.

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(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:

(cid:151) for nutritive salts, diammonium phosphate or ammonium sulphate within certain limits,

(cid:151) 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

(cid:151) potassium bitartrate

(cid:151) 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 caramel within 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.

(1) OJ L 237, 10.9.1994, p. 13.

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ANNEX V

LIMITS AND CONDITIONS FOR CERTAIN OENOLOGICAL PRACTICES

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 rosØ 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 rosŁ wines;

(b) 300 milligrams per litre for:

(cid:151) wines entitled to the description (cid:145)Sp(cid:228)tlese(cid:146) in accordance with Community provisions;

(cid:151) quality white wines psr entitled to the registered designations of origin Bordeaux supØrieur, Graves de
Vayres, C(cid:244)tes de Bordeaux, St Macaire, PremiŁre C(cid:244)tes de Bordeaux, Ste-Foy Bordeaux, C(cid:244)tes de
Bergerac (whether or not followed by the description (cid:145)C(cid:244)tes de Saussignac(cid:146)). Haut Montravel, C(cid:244)tes de
Montravel and Rosette;

(cid:151) quality white wines psr entitled to the designations of origin Allela, La Mancha, Navarra, PenedØs,

Rioja, Rueda, Tarragona and Valencia;

(cid:151) white quality wines psr originating in the United Kingdom described and presented in accordance
with British legislation by the term (cid:145)botrytis(cid:146), or other equivalent terms, such as (cid:145)noble harvest(cid:146), (cid:145)noble
late harvested(cid:146) or (cid:145)special late harvested(cid:146);

(c) 350 milligrams per litre for wines entitled to the description (cid:145)Auslese(cid:146) in accordance with Community
provisions and white wines described as (cid:145)superior wine of designated origin(cid:146), in accordance with Romanian
legislation and entitled to bear one of the following names: Murfatlar, Cotnari, Tirnave, Pietroasele, Valea
Calugareasca;

(d) 400 milligrams per litre for wines entitled to the descriptions (cid:145)Beerenauslese(cid:146), (cid:145)Ausbruch(cid:146), (cid:145)Ausbruchwein(cid:146)
in accordance with Community provisions and quality white
and (cid:145)Trockenbeerenauslese(cid:146) and (cid:145)Eiswein(cid:146)
wines psr entitled to the registered designations of origin Sauternes, Barsac, Cadillac, CØrons, Loupiac,
Sainte-Croix-du-Mont, Monbazillac, Bonnezeaux, Quarts de Chaume, Coteaux du Layon, Coteaux de
l’Aubance, Graves SupØrieures and Juran(cid:231)on.

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 rosØ wines and, until 31 December 1989 at the latest, for the

products of a (cid:145)coupage(cid:146) of white wine with red wine on Spanish territory; or

(c) 20 milliequivalents per litre for red wines.

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2. The levels referred to in paragraph 1 shall apply:

(cid:151) to products from grapes harvested within the Community, at the production stage and at all stages of

marketing;

(cid:151) 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 geographical indication where

they:

(cid:151) have matured over a period of at least two years; or

(cid:151) 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.;

(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,
alcoholic strength by volume provided for in the paragraph 3 may be raised to the following levels:

the limits on increases in the

(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)

(b)

(c)

in respect of fresh grapes, grape must in fermentation or new wine still
sucrose, concentrated grape must or rectified concentrated grape must;

in fermentation, by adding

in respect of grape must, by adding sucrose or concentrated grape must or rectified concentrated grape
must, or by partial concentration including reverse osmosis; and

in respect of wine suitable for yielding table wine and table wine, by partial concentration through
cooling.

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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 initial volume 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).

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) partial deacidification 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.

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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 geographical

ascription shall be 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 and 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.

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H. Sparkling wine

1.

For the purposes of this point and point I of this Annex and point K of Annex VI:

(a)

(cid:145)cuvØe(cid:146) means:

(cid:151) the grape must;

(cid:151) the wine;

(cid:151) the mixture of grape musts and/or wines with different characteristics,

intended for the preparation of a specific type of the sparkling wines;

(b)

(cid:145)Tirage liqueur(cid:146) means;

the product added to the cuvØe to provoke secondary fermentation;

(c)

(cid:145)expedition liqueur(cid:146) means;

the product added to the sparkling wines to give them special taste qualities.

2. The expedition liqueur may contain only:

(cid:151) sucrose,

(cid:151) grape must,

(cid:151) grape must in fermentation,

(cid:151) concentrated grape must,

(cid:151) rectified concentrated grape must,

(cid:151) wine, or

(cid:151) 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 cuvØe, any

enrichment of the cuvØe 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 cuvØe 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 cuvØe of more than 1,5 % vol. This increase shall be measured by calculating the difference
between the total alcoholic strength by volume of the cuvØe 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.

7.

Sweetening of the cuvØe and its constituents shall be prohibited.

8.

In addition to any acidification or deacidification of the constituents of the cuvØe in accordance with the
other provisions of this Annex the cuvØe may be subject to acidification or deacidification. Acidification and
deacidification of the cuvØe 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.

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9.

In years of exceptional weather conditions, the maximum limit 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 cuvØe 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 cuvØes intended for their preparation shall be not less than
8,5 % vol.;

(b)

the tirage liqueur intended for their preparation may contain only:

(cid:151) grape must,

(cid:151) grape must in fermentation,

(cid:151) concentated grape must,

(cid:151) rectified concentrated grape must, or

(cid:151) sucrose and wine:

(c) without prejudice to Article 44(3), their actual alcoholic strength by volume,
contained in any expedition liqueur added, shall be not less than 9,5 % vol.;

including the alcohol

(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
total maximum sulphur 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 cuvØes 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.

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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
cuvØe, of grape must or grape 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
cuvØe wines obtained from grapes of the (cid:145)Prosecco(cid:146) wine variety harvested in the regions of Trentino-Alto
Adige, Veneto and Friuli-Venezia Giulia;

(b) control of the fermentation process before and after the constitution of the cuvØe may be carried out, for

the purpose of making the cuvØe 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 (cid:176)C 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

(cid:151) paragraphs 1 to 10 of point H;

(cid:151) 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:

(cid:151) grape must in fermentation; or

(cid:151) wine; or

(cid:151) mixtures of products referred to in the preceding indents; or

(cid:151) 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:

(cid:151) 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;

(cid:151) 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:

(cid:151) concentrated grape must;

(cid:151) 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;

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(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:

(cid:151) 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;

(cid:151) 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;

(cid:151) 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:

(cid:151) partially fermented grape must obtained from raisined grapes;

(cid:151) concentrated grape must obtained by the action of direct heat, complying, with the exception of

this operation, with the definition of concentrated grape must;

(cid:151) concentrated grape must;

(cid:151) 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 additional acidification 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:

(cid:151) 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.;

(cid:151) 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.;

(cid:151) 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 (cid:176)C, for products to be listed.

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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 total sulphur 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/l where the residual sugar content is more than 5 g/l.

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.

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ANNEX VI

QUALITY WINE PSR

A. Specified regions

1.

2.

(cid:145)Specified region(cid:146) 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.

Each specified region shall be precisely demarcated, as far as possible on the basis of
the individual
vineyardyard or vineyardyard plot. 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 soil and subsoil, the climate and the situation of the individual vineyardyard
or vineyard plot.

3. The specified region is designated by its geographical name.

However, the appellations:

(cid:151) (cid:145)Muscadet(cid:146),

(cid:151) (cid:145)Blanquette(cid:146),

(cid:151) (cid:145)Vinho Verde(cid:146),

(cid:151) (cid:145)Cava(cid:146), applied to certain quality sparkling wines psr,

(cid:151) (cid:145)Manzanilla(cid:146)

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,
information relating to the ageing of such wines.

the word (cid:145)J(cid:220)ba(cid:146) and/or (cid:145)Cava(cid:146) may be used to designate Greek table wines, as

4. The geographical name designating a specified region must be sufficiently 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 (cid:145)quality wine psr(cid:146).

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C. Wine-growing methods

1.

2.

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.

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.

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 traditional practice governed by special provisions of the
Member State of production, that Member State may until 31 August 2003 at the latest, 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:

(cid:151) the type of added wine-sector product

is not produced in that specified region with the same

characteristics as products not originating therein,

(cid:151) the adjustment is consistent with the oenological practices and definitions referred to in the relevant

Community provisions,

(cid:151) the total volume of added wine-sector products which do not originate in the specified region does not
exceed 10 % of the total volume 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 (cid:145)C(cid:146) 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 individual authorisations 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
traditional practice, provided this practice:

(cid:151) 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;

(cid:151) has continued without interruption since those dates; and

(cid:151) involves quantities which, for the processor in question, have not increased since by more than those

corresponding to the general market trend.

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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 individual authorisations 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 traditional practice, 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 natural or legal person 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.

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 in paragraph 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.

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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 may
exclude 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.

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:

(cid:151) grape must;

(cid:151) concentrated grape must;

(cid:151) 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.

2.

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.

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 general or individual basis, 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.

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J. Analytical and organoleptic tests

1.

Producers shall be obliged to submit wines for which they are requesting the designation (cid:145)quality wine psr(cid:146) 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. Until appropriate provisions relating 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.

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. physical and chemical analysis:

5. density

6. alcoholic strength

7.

8.

9.

total dry extract (obtained by densimetry)

reducing sugars

sucrose

10. ash

11. alkalinity of ash

12.

total acidity

13. volatile acidity

14.

fixed acidity

15. pH

16.

free sulphur dioxide

17.

total sulphur dioxide;

D. additional analysis

18. carbon dioxide (semi-sparkling and sparkling wines, excess pressure in bar at 20 (cid:176)C).

K. Quality sparkling wine psr

1. The total alcoholic strength by volume of the cuvØes intended for the manufacture of quality sparkling wines

psr shall be not less than:

(cid:151) 9,5 % vol. in wine-growing zones C III;

(cid:151) 9 % vol. in other wine-growing zones.

2. However, the cuvØes 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;

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(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 (cid:176)C 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 their 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 cuvØe sparkling and the duration of the

presence of the cuvØe on the lees shall not be less than:

(cid:151) 90 days;

(cid:151) 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 cuvØe,
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) control of the fermentation process before and after the cuvØe has been constituted, in order to render

the cuvØe 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 (cid:176)C 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.

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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 (cid:145)MÆlaga(cid:146) and (cid:145)Jerez-XØrŁs-Sherry(cid:146) 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 XimØnez 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 (cid:145)Porto(cid:146) is reserved for the product
prepared from grapes obtained from the region delimited as the (cid:145)Douro(cid:146), the additional manufacturing and
ageing processes may take place either in the aforementioned delimited region or in Vila Nova de Gaia (cid:151)
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:

(cid:151) 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;

(cid:151) 10,5 % vol. for wines to be listed prepared from white grape must;

(cid:151) 9 % vol. in the case of a quality liqueur wine psr, the production of which is traditional and
customary in accordance with the national laws 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
laws applicable thereto before

certain quality liqueur wines psr on a list to be drawn up where national
1 January 1985 expressly so provided.

5. The specific, traditional names (cid:145)o(cid:223)moy cktj(cid:253)y utrij(cid:252)y(cid:146),

(cid:145)vine dulce natural(cid:146),

(cid:145)vino dolce naturale(cid:146) and (cid:145)vinho

dolce natural(cid:146) shall be used only for quality liqueur wines psr:

(cid:151) obtained from harvests at least 85 % of which are of the wine varieties appearing on a list to be drawn

up,

(cid:151) derived from musts with an initial natural sugar content of at least 212 grams per litre,

(cid:151) 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.

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6.

Insofar as is necessary to conform to traditional production practices, Member States may, for quality liqueur
wines psr produced within their territory, stipulate that the specific traditional name (cid:145)vin doux naturel(cid:146) is used
only for quality liqueur wines psr which are:

(cid:151) 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 total stock,

(cid:151) 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 (cid:145)vin doux naturel(cid:146),

(cid:151) derived from a grape must with an initial natural sugar content of at least 252 grams per litre,

(cid:151) 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:

(cid:151) either 10 % of the volume of the abovementioned grape must used, or

(cid:151) 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 residual sugar per litre.

7. The names referred to in paragraphs 5 and 6 may not be translated; however:

(cid:151) they may be accompanied by an explanatory note in a language understood by the final consumer,

(cid:151) 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 (cid:145)vin doux naturel(cid:146) may be accompanied by the name (cid:145)o(cid:223)moy
cktj(cid:253)y utrij(cid:252)y(cid:146).

8. The specific traditional name (cid:145)vino generoso(cid:146) shall be used only for dry quality liqueur wines psr developed

under flor and

(cid:151) obtained only from white grapes obtained from the Palomino de Jerez, Palomino fino, Pedro XimØnez,

Verdejo, Zalema and Garrido Fino vine varieties,

(cid:151) 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 final consumer.

10. The specific traditional name (cid:145)vinho generoso(cid:146) shall be used only for the quality liqueur wines psr (cid:145)Porto(cid:146),
(cid:145)Moscatel de Setœbal(cid:146) and (cid:145)Carcavelos(cid:146) in association with the respective registered designation of

(cid:145)Madeira(cid:146),
origin.

11. The specific traditional name (cid:145)vino generoso de licor(cid:146) shall be used only for the quality liqueur wine psr:

(cid:151) obtained from (cid:145)vino generoso(cid:146), as referred to in point 8, or from wine under flor capable of producing
such a (cid:145)vino generoso(cid:146), to which either partially fermented grape must obtained from raisined grapes or
concentrated grape must has been added,

(cid:151) 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 the final consumer.

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ANNEX VII

DESCRIPTION, DESIGNATION, PRESENTATION AND PROTECTION OF CERTAIN PRODUCTS OTHER
THAN SPARKLING WINES

For the purposes of this Annex:

(cid:151) (cid:145)labelling(cid:146) 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;

(cid:151) (cid:145)packaging(cid:146) 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:

(cid:151) the sales designation of the product;

(cid:151) the nominal volume;

(cid:151) the actual alcoholic strength by volume;

(cid:151) 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 (cid:145)table wine(cid:146), and

(cid:151) 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;

(cid:151) the words (cid:145)mixture of wines from different countries of the European Community(cid:146) in the case of

wines resulting from a mixture of products originating in a number of Member States;

(cid:151) the words (cid:145)wine obtained in (cid:133) from grapes harvested in (cid:133)(cid:146), 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;

(cid:151) the words (cid:145)retsina(cid:146) and (cid:145)vino tinto de mezcla(cid:146) in the case of certain table wines;

(b)

in the case of table wines with geographical indication:

(cid:151) the words (cid:145)table wine(cid:146),

(cid:151) the name of the geographical unit,

(cid:151) one of the following terms, under conditions to be determined: (cid:145)Landwein(cid:146), (cid:145)vin de pays(cid:146), (cid:145)indicazione
(cid:145)vinho regional(cid:146) or

geografica tipica(cid:146),
(cid:145)regional wine(cid:146); where such a term is used, the words (cid:145)table wine(cid:146)shall not be required;

(cid:145)omolar(cid:223)a jas(cid:220) paq(cid:220)doyg(cid:146),

(cid:145)vino de la tierra(cid:146),

(cid:145)o(cid:223)moy sopij(cid:252)y(cid:146),

(1) OJ L 186, 30.6.1989, p. 21.

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(c)

in the case of quality wines psr:

(cid:151) the name of the production area,

(cid:151) subject to derogations to be determined

(cid:151) the words (cid:145)quality wine produced in a specified region(cid:146) or (cid:145)quality wine psr(cid:146),

(cid:151) the words (cid:145)quality liqueur wine produced in a specified region(cid:146) or (cid:145)quality liqueur wine psr(cid:146),

(cid:151) (cid:145)quality semi-sparkling wine produced in a specified region(cid:146)or (cid:145)quality semi-sparkling wine psr(cid:146), or

(cid:151) a traditional specific particular included in a list to be drawn up, or several of those particulars

where provided for by the provisions of the Member State concerned;

(d)

in the case of imported wines, the word (cid:145)wine(cid:146), which must be supplemented by the name of the country
of origin and, when they are designated with a geographical indication, by the name of the geographical
area in question;

(e)

for liqueur wines, the words (cid:145)liqueur wine(cid:146);

(f)

for semi-sparkling wines, the words (cid:145)semi-sparkling wine(cid:146);

(g)

for aerated semi-sparkling wines, the words (cid:145)aerated semi-sparkling wine(cid:146);

(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:

(cid:151) the name or corporate name of the bottler, the local administrative area and the Member State or, for

containers with a nominal volume of more than 60 litres, the consignor,

(cid:151) 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:

(cid:151) the name(s), title(s) and address(es) of the person(s) that took part in marketing,

(cid:151) the type of product,

(cid:151) 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:

(cid:151) the vintage year,

(cid:151) the name of one or more vine varieties,

(cid:151) an award, medal or competition,

(cid:151) indications concerning the means used to obtain or method used to manufacture the product,

(cid:151) other traditional
production,

terms in accordance with the provisions laid down by the Member State of

(cid:151) the name of a vineyard,

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(cid:151) a term indicating that the wine was bottled:

(cid:151) on the estate, or

(cid:151) by a group of vineyards, or

(cid:151) 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:

(cid:151) reference to a geographical area smaller than the region specified in accordance with the provisions

laid down by the Member State of production,

(cid:151) reference to a geographical area larger than the region defined in order to specify the origin of a

quality wine psr.

(cid:151) information to the effect

that bottling took place in the specified region, provided that such

information is traditional and customary in the specified region concerned.

2. Optional particulars 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)

(cid:145)wine(cid:146) shall be restricted to products conforming to the definition of point 10 of Annex I;

(b)

(cid:145)table wine(cid:146) 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:

(cid:151) the use of the word (cid:145)wine(cid:146) 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,

(cid:151) other composite names including the word (cid:145)wine(cid:146)

shall not, however, be affected by paragraph 1(a).

3. The designation:

(a)

(b)

(c)

(d)

(e)

(cid:145)liqueur wine(cid:146) 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;

(cid:145)quality liqueur wine produced in a specified region(cid:146) or (cid:145)quality liqueur wine psr(cid:146) shall be restricted to
products conforming to the definition of point 14 of Annex I and the specific provisions of
this
Regulation;

(cid:145)semi-sparkling wine(cid:146) 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;

(cid:145)quality semi-sparkling wine produced in a specified region(cid:146) or (cid:145)quality semi-sparkling wine psr(cid:146) shall be
restricted to products conforming to the definition of point 17 of Annex I and the specific provisions of
this Regulation;

(cid:145)aerated semi-sparkling wine(cid:146) 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.

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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:

(cid:151) the name of the specified region,

(cid:151) the name of another geographical unit,

(cid:151) the traditional specific terms and the additional traditional particulars,

(cid:151) 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 official
languages 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 the 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:

(cid:151) 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,

(cid:151) 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
whose territory 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

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(b) are:

(cid:151) 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

(cid:151) identical to the description of any such product, unless the products used for making the final

products referred to above are entitled 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:

(cid:151) table wines, liqueur wines, semi-sparkling wines and aerated semi-sparkling wines, include the name

of a quality wine psr,

(cid:151) quality wines psr, include the name of a table wine;

(cid:151) imported wines, include the name of a table wine or a quality wine psr;

(b)

(c)

(d)

in the case of table wines with geographical indication, quality wines psr or imported wines, contain false
information, particularly with regard to geographical origin, the vine variety, vintage year or a reference to
a superior quality;

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 geographical origin, vine variety, vintage
year or a reference to a superior quality;

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 geographical indication.

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:

(cid:151) to the name of a geographical unit smaller than a specified region used to describe a quality wine psr, or

(cid:151) to the name of a geographical unit used to describe a table wine designated by means of a geographical

indication, or

(cid:151) 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 until 31 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 identical to 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 original holder or of the original provider of the name,
provided that
the
geographical name 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.

least 25 years before the official recognition of

the brand name was registered at

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.

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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.

4.

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.

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.

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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)

(d)

the sparkling wines defined in accordance with this Regulation by the procedure in Article 75, originating
in third countries;

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:

(cid:151) the sparkling wines referred to in point H of Annex V,

(cid:151) the quality sparkling wines referred to in point I of Annex V, and

(cid:151) 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:

(cid:151) (cid:145)labelling(cid:146) means all references, symbols, illustrations and marks or any other description which serve to
including the closure, or on tags

distinguish the product and which appear on the same container,
attached to the container and the sheathing covering the neck of bottles,

(cid:151) (cid:145)packaging(cid:146) 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,

(cid:151) (cid:145)producer(cid:146) of a product referred to in paragraph 1 means the natural or legal person or group of persons by

whom or on whose behalf production is carried out,

(cid:151) (cid:145)production(cid:146) 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 nominal volume 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:

(cid:151) the name or business name of the producer or of a vendor established in the Community, and

(cid:151) 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.

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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.

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)

(b)

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;

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:

(cid:151) 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 cuvØe originated,

(cid:151) 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,

(cid:151) 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 (cid:145)produced from aromatic varieties of grape(cid:146).

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:

(cid:151) 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 optional information specified in point E,

(cid:151) where appropriate, the provisions of point E are observed.

2.

For the purposes of monitoring and control in the sparkling 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:

(cid:151) 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,

(cid:151) 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:

(cid:151) shall appear together within the same visual field on the container, and

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(cid:151) 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
pictorial matter.

The compulsory information on the importer may, however, be featured outside the visual field in which the
other compulsory items of information appear.

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, (cid:145)sparkling wine(cid:146);

(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, (cid:145)quality sparkling wine(cid:146) or (cid:145)Sekt(cid:146);

(c)

in the case of quality sparkling wine psr referred to in point K of Annex VI:

(cid:151) (cid:145)quality sparkling wine produced in a specified region(cid:146) or (cid:145)quality sparkling wine psr(cid:146), or (cid:145)Sekt

bestimmter Anbaugebiete(cid:146)or (cid:145)Sekt bA(cid:146), or

(cid:151) a specific traditional term 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

(cid:151) 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

(cid:151) 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, (cid:145)quality aromatic sparkling wine(cid:146);

(e)

in the case of sparkling wine originating in a third country:

(cid:151) (cid:145)sparkling wine(cid:146),

or

(cid:151) (cid:145)quality sparkling wine(cid:146) or (cid:145)Sekt(cid:146), 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,
(cid:145)aerated
sparkling wine(cid:146). If the language used for this item of information does not indicate that carbon dioxide has
been added, the words (cid:145)obtained by the addition of carbon dioxide(cid:146) shall be added 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:

(cid:151) (cid:145)brut nature(cid:146), (cid:145)naturherb(cid:146), (cid:145)bruto natural(cid:146), (cid:145)pas dosØ(cid:146), (cid:145)dosage zØro(cid:146) or (cid:145)dosaggio zero(cid:146): 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;

(cid:151) (cid:145)extra brut(cid:146), (cid:145)extra herb(cid:146) or (cid:145)extra bruto(cid:146): if its sugar content is between 0 and 6 grams per litre;

(cid:151) (cid:145)brut(cid:146), (cid:145)herb(cid:146) or (cid:145)bruto(cid:146): if its sugar content is less than 15 grams per litre;

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(cid:151) (cid:145)extra dry(cid:146), (cid:145)extra trocken(cid:146) or (cid:145)extra seco(cid:146): if its sugar content is between 12 and 20 grams per litre;

(cid:151) (cid:145)sec(cid:146), (cid:145)trocken(cid:146), (cid:145)secco(cid:146) or (cid:145)asciutto(cid:146), (cid:145)dry(cid:146), (cid:145)tłr(cid:146), (cid:145)ngq(cid:252)y(cid:146), (cid:145)seco(cid:146), (cid:145)torr(cid:146) or (cid:145)kuiva(cid:146): if its sugar content is between

17 and 35 grams per litre;

(cid:151) (cid:145)demi-sec(cid:146), (cid:145)halbtrocken(cid:146), (cid:145)abboccato(cid:146), (cid:145)medium dry(cid:146), (cid:145)halvtłr(cid:146), (cid:145)gl(cid:223)ngqoy(cid:146), (cid:145)semi seco(cid:146), (cid:145)meio seco(cid:146), (cid:145)halvtorr(cid:146) or

(cid:145)puolikuiva(cid:146): if its sugar content is between 33 and 50 grams per litre;

(cid:151) (cid:145)doux(cid:146),

(cid:145)mild(cid:146),

(cid:145)dolce(cid:146),

(cid:145)sweet(cid:146),

(cid:145)słd(cid:146),

(cid:145)cktj(cid:253)y(cid:146),

(cid:145)dulce(cid:146),

(cid:145)doce(cid:146),

(cid:145)s(cid:246)t(cid:146) or (cid:145)makea(cid:146): if its sugar content is greater

than 50 grams per litre.

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:

(cid:151) either in full,

(cid:151) 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 geographical origin 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 geographical unit other than a specified region, and smaller than a Member State or a third

country, may be used only to supplement the description of:

(cid:151) a quality sparkling wine psr,

(cid:151) a quality sparkling wine to which the implementing provisions have given the name of such a

geographical unit, or

(cid:151) 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
geographical unit.

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 geographical unit in question is defined exactly;

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(c) all

the grapes from which the product was obtained came from that geographical unit, 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.

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,

(cid:151) at (a),

or

(cid:151) 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 cuvØe 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 geographical unit
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)

(f)

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;

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 cuvØe sparkling, has not been less than
90 days and provided that the duration of fermentation designed to make the cuvØe sparkling and the
presence of the cuvØe on the lees have lasted:

(cid:151) at least 60 days,

(cid:151) at least 30 days if the fermentation takes place in containers with stirrers.

This provision shall not, however, apply to sparkling wines of
paragraph 3 of point I of Annex V or paragraph 10 of point K of Annex VI.

the aromatic type referred to in

Notwithstanding the second subparagraph, producer Member States may:

(cid:151) 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,

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(cid:151) 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.

(cid:151) limit such use to certain names of vine varieties referred to in the second subparagraph.

3. The expression (cid:145)bottle-fermented(cid:146) may be used only to describe:

(cid:151) a quality sparkling wine psr,

(cid:151) a quality sparkling wine,

or

(cid:151) 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 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)

(c)

(d)

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 cuvØe sparkling, has not been
less than nine months;

the process of fermentation designed to make the cuvØe sparkling and the presence of the cuvØe on the
lees lasted at least 90 days;

the product was separated from the lees by filtering in accordance with the racking method or by
disgorging.

4. The expressions (cid:145)bottle-fermented by the traditional method(cid:146)or (cid:145)traditional method(cid:146) or (cid:145)classical method(cid:146) or
(cid:145)classical traditional method(cid:146) and any expressions resulting from a translation of them may be used only to
describe:

(cid:151) a quality sparkling wine psr,

(cid:151) a quality sparkling wine,

or

(cid:151) 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 cuvØe 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 geographical unit, or a term derived from either of these, may be used only to describe:

(cid:151) a quality sparkling wine psr,

(cid:151) a quality sparkling wine,

or

(cid:151) 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 geographical ascriptions
referred to in the first subparagraph.

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6. With regard to quality sparkling wines psr which fulfil the conditions laid down in the second subparagraph

of paragraph 4:

(a)

the term (cid:145)Winzersekt(cid:146) shall be reserved for quality sparkling wines psr produced in Germany and the
term (cid:145)Hauersekt(cid:146) shall be reserved for quality sparkling wines psr produced in Austria, which both are:

(cid:151) 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,

(cid:151) marketed by the producer referred to in the first indent and made available with labels indicating the

vineyard, the vine variety and the year.

the arrangements applicable, additional conditions may be imposed on use of
in other Community languages. Under

the term
Under
(cid:145)Winzersekt(cid:146) and on use of equivalent
the same
arrangements, a Member State may be authorised to lay down special and, in particular, more restrictive
arrangements.

terms

The terms referred to in the preceding subparagraphs may be used only in the language of origin;

(b)

the term (cid:145)crØmant(cid:146) shall be reserved for quality sparkling wines psr:

(cid:151) 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,

(cid:151) 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,

(cid:151) with a maximum sulphur dioxide content of 150 mg/l,

(cid:151) with a sugar content of less than 50 g/l,

and

(cid:151) produced in accordance with any additional special rules 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
(cid:145)crØmant(cid:146) 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:

(cid:151) a quality sparkling wine psr,

(cid:151) a quality sparkling wine,

or

(cid:151) 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.

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8. Reference to superior quality shall be allowed only in the case of:

(cid:151) a quality sparkling wine psr,

(cid:151) a quality sparkling wine,

or

(cid:151) 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 (cid:145)Premium(cid:146) or (cid:145)Reserve(cid:146) may be used only to supplement:

(cid:151) the term (cid:145)quality sparkling wine(cid:146),

or

(cid:151) one of the terms referred to in paragraph 2(c) of point D.

The term (cid:145)RØserve(cid:146) 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:

(cid:151) the expression referred to in paragraph 8,

(cid:151) terms relating to a manufacturing method other than those referred to in paragraphs 3 to 6,

(cid:151) expressions referring to the specific characteristics of the vine varieties from which the product in

question is made;

(b) a list of the expressions referred to at (a).

F.

Languages which may be used for labelling

The information specified:

(cid:151) in point B shall be given in one or more of the official

languages of the Communities so that the final

consumer can easily understand each of these items of information,

(cid:151) 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 traditional
and 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:

(cid:151) for the name of the specified region, as referred to in the second subparagraph of paragraph 4 of point B,

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(cid:151) for the name of another geographical unit, 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 official languages of the Communities;

(b)

in the case of products originating in third countries:

(cid:151) the use of an official

language 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,

(cid:151) the translation of some of the information specified in paragraph C into an official

language 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 official language 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:

(cid:151) 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,

(cid:151) 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:

(cid:151) are intended to become quality sparkling wines psr,

(cid:151) only circulate between producers within the specified region concerned,

(cid:151) are covered by an accompanying document

and

(cid:151) are the subject of specific scrutiny;

(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
the necessary proposals for the
continuation of the exceptions.

these exceptions. The Commission shall,

if appropriate, submit

2.

In accordance with rules to be specified, only the following may be put up in (cid:145)sparkling wine(cid:146)-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:

(cid:151) the products as referred to in paragraph 1 of point A,

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(cid:151) beverages which are traditionally put up in such bottles and which:

(cid:151) 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

(cid:151) 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,
rules on the definition, description and
laying down general
presentation of aromatised wines, wine-based drinks and aromatised wine-product cocktails (1),

or

(cid:151) have an actual alcoholic strength by volume not greater than 1,2 % vol.,

(cid:151) 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 real nature 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 identical to the description of any such product, unless the products used
for constituting the cuvØe 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 identical to 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 original

(1) OJ L 149, 14.6.1991, p. 1.

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holder or of the original provider of the name, provided that the brand name was registered at least 25 years
before the official recognition of the geographical name 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 geographical units 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 (cid:145)sparkling wine(cid:146) 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.