Proposal for a Council Regulation amending Regulation (EC) No 1493/1999 on the common organisation of the market in wine
Date: 2005-08-26
Institutions: European Commission
Subjects: common organisation of markets, designation of origin, location of production, product quality, viticulture, wine

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 26.8.2005 
COM(2005) 395 final 

2005/0160 (CNS) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 1493/1999  
on the common organisation of the market in wine 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The purpose of this proposal is to make a certain number of technical amendments to Council 
Regulation  (EC)  No  1493/1999  on  the  common  organisation  of  the  market  in  wine.  The 
Commission also intends to present in 2006 a proposal on reforming the sector, based upon 
the results of an impact assessment. 

The  proposal  is  to  replace  the  obligation  to  distil  by-products  of  wine-making  with  the 
obligation  to  withdraw  such  by-products  under  supervision  in  the  wine-producing  zone  in 
Slovenia and Slovakia. 

The  draft  proposal  also  amends  the  annex  to  Regulation  (EC)  No  1493/1999  regarding  the 
classification of the wine-growing areas in Poland as wine-growing zone A. 

Concerning  oenological  practices,  authorisation  is  proposed  for  a  number  of  oenological 
practices  and  processes  which  have  been  authorised  on  an  experimental  basis  in  some 
Member States, under the conditions set out in Commission Regulation (EC) No 1622/2000. 
The results obtained suggest that these practices and processes are beneficial to improving the 
management  of  wine  production  and  the  conservation  of  these  products  whilst  posing  no 
health  risks  to  consumers.  The  International  Organisation  of  Vine  and  Wine  (IOVW)  has 
already recognised and authorised these experimental practices carried out in Member States. 

Lastly,  it  proposes  to  extend  the  derogation  for  certain  sparkling  wines  produced  in  the 
specified  regions  and  to  authorise  the  use  of  certain  languages  and  specific  wording  in  the 
labelling of wines. 

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2005/0160 (CNS) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 1493/1999  
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  Article 
37 thereof, 

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Parliament, 

Having regard to the opinion of the European Economic and Social Committee, 

Whereas: 

(1) 

(2) 

(3) 

Article  27  of  Council  Regulation  (EC)  No  1493/19991  prohibits  the  overpressing  of 
grapes and the pressing of wine lees to guard against poor quality wine, and to this end 
stipulates  the  obligation  to  distil  marc  and  lees.  Since  the  production  and  marketing 
facilities in the wine-growing areas of Slovenia and Slovakia enable the objectives of 
these  provisions  to  be  met,  the  obligation  for  producers  in  these  regions  to  distil  by-
products of wine-making should be replaced with the obligation to withdraw such by-
products under supervision. 

Under Article 1(3) of Regulation (EC) No 1493/1999, the decision whether to classify 
Poland  in  wine-growing  region  A  in  Annex  III  to  the  above  Regulation  (which 
classifies  the  areas  planted  with  vines  in  Member  States  into  wine-growing  zones), 
would be taken upon accession. The Polish authorities have provided the Commission 
with  information  on  the  areas  of  vines  planted  in  Poland  and  their  geographical 
position, which shows that these wine-growing areas could be classed as zone A. 

Annex IV to Regulation (EC) No 1493/1999 establishes a list of authorised oenological 
practices  and  processes  for  wine  production.  Several  oenological  practices  and 
processes not contained in this Annex have been authorised on an experimental basis 
by some Member States under the conditions set out in Commission Regulation (EC) 
No 1622/2000 laying down certain detailed rules for implementing Regulation (EC) No 
1493/1999  on  the  common  organisation  of  the  market  in  wine  and  establishing  a 
Community code of oenological practices and processes2. The results obtained suggest 

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OJ L 179 of 14.7.1999, p. 1. Regulation as last amended by Commission Regulation (EC) No 1795/2003 
(OJ L 262, 14.10.2003, p. 13.) 
OJ L 194 of 31.07.2000, p. 1. Regulation as last amended by Regulation (EC) No 1428/2004 (OJ L 263, 
10.08.2004, p. 7.) 

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that  these  practices  and  processes  were  beneficial  to  improving  the  management  of 
wine production and the conservation of these products, whilst posing no health risks 
to consumers. The International Organisation of Vine and Wine has already recognised 
and  authorised  these  experimental  practices  carried  out  in  Member  States.  Therefore 
such  oenological  practices  and  processes  should  be  definitively  authorised  at 
Community level. 

Annex VI.D.1 to Regulation (EC) No 1493/1999 provides that quality wines psr may 
be produced only from grapes of wine varieties which appear on the list of the Member 
State of production and are harvested within the specified region. However, point D.2 
of  that  Annex  provides  that,  until  31  August  2005  at  the  latest,  in  the  case  of  a 
traditional practice governed by special provisions of the Member State of production, 
that  Member  State  may  permit  on  certain  conditions,  by  means  of  express 
authorisations  and  subject  to  suitable  controls,  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. 

Italy  has  applied  this  derogation  for  the  preparation  of  quality  sparkling  wines  psr 
Conegliano-Valdobbiadene  and  Montello  e  Colli  Asolani.  In  order  to  adapt  the 
structural  aspects  of  the  traditional  method  of  producing  such  wines,  this  derogation 
should be extended until 31 December 2007. 

Annex III.1(c) to Regulation (EC) No 1493/1999 states that the wine-growing areas of 
Denmark  and  Sweden  form  part  of  wine-growing  zone  A.  These  two  Member  States 
are  now  able  to  produce  table  wine  with  a  geographical  indication.  Accordingly, 
Lantvin and Regional vin should be added to Annex VII.A2. 

The  derogations  provided  for  in  Annex  VII.D1(b)  and  Annex  VIII.F(a),  allowing  the 
information  on  the  label  to  be  given  in  one  or  more  of  the  official  languages  of  the 
Communities, should apply to Cyprus. 

(4) 

(5) 

(6) 

(7) 

(8) 

Regulation (EC) No 1493/1999 should therefore be amended accordingly, 

HAS ADOPTED THIS REGULATION: 

Article 1 

Regulation (EC) No 1493/1999 is hereby amended as follows: 

1) 

In Article 27, paragraph (7) is replaced by the following: 

“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  the Czech  Republic,  Austria, Slovenia or Slovakia 
shall  be  required  to  withdraw  the  by-products  of  such  processing  under 
supervision and subject to conditions to be determined.” 

2) 

Annexes  III,  IV,  VI,  VII  and  VIII  are  amended  as  set  out  in  the  Annex  to  this 
Regulation. 

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

Article 2 

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

Done at Brussels, 

For the Council 
The President 

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ANNEX 

The Annexes to Regulation (EC) No 1493/1999 are amended as follows: 

1) 

In Annex III, point 1(c) is replaced by: 

“c) 

in Belgium, Denmark, Ireland, the Netherlands, Poland, Sweden and the United 
Kingdom: the wine-growing areas of these countries.” 

2) 

Annex IV is amended as follows: 

a) 

Point 1 is amended as follows: 

i) 

point (i) is replaced by the following: 

“i) 

treatment of must and new wine still in fermentation with charcoal 
for oenological use, within certain limits;” 

ii) 

the following indent is inserted after the first indent of point (j): 

“ - 

plant proteins,” 

iii) 

the following point is added: 

“ s) addition of L-ascorbic acid up to certain limits;” 

b) 

Point 3 is amended as follows: 

i) 

the following indent is inserted after the first indent of point (m): 

“ –  plant proteins,” 

ii) 

the following points are added: 

 “zc)  the  addition  of  dimethyldicarbonate  (DMDC) 

to  wine  for 
microbiological  stabilisation,  within  certain  limits  and  under 
conditions to be determined;  
the addition of yeast mannoproteins.” 

zd) 

3) 

In Annex VI point D2, first indent, the date of “31 August 2005” is replaced by the 
date “31 December 2007”.  

4) 

Annex VII is amended as follows: 

a) 

In point A2b, the third indent is replaced by: 

“ –  one of the following wordings under conditions to be determined: “Vino 
de  la  tierra”,“οίνος  τοπικός”,“zemské  víno,”“regional  vin”,  “Landwein”, 
“ονοµασία κατά παράδοση”, “regional wine”, “vin de pays”, “indicazione 
geografica  tipica”,  “tájbor”,  “inbid  tradizzjonali  tal-lokal”,  “landwijn”, 
“vinho  regional”,  “deželno  vino  PGO”,  “deželno  vino  s  priznano 
geografsko  oznako”,  “geograafilise  tähistusega  lauavein”,  “lantvin”. 
Where such a term is used, the words "table wine" shall not be required;” 

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b) 

In point D1, the third indent is replaced by: 

“The information specified in the second indent may be repeated in one or more 
official  languages  of  the  Community  for  products  originating  in  Greece  and 
Cyprus.” 

5) 

In Annex VIII point F, point (a) is replaced by: 

“a) 

the following information shall be provided only in the official language of the 
Member State in whose territory production took place: 

– 

– 

in the case of quality sparkling wines psr, the name of the region specified 
in point B4, second indent: 

for quality sparkling wines psr or for quality sparkling wines, the name of 
another geographical area specified in point E1. 

The  names  of  the  products  specified  in  the  first  and  second  indents  produced  in 
Greece and in Cyprus may be repeated in one or more other official languages of the 
Community;” 

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1. 

2. 

3. 

4. 

5. 

5.0 

5.1 

FINANCIAL STATEMENT 

DATE: 1/7/2005 
APPROPRIATIONS: 
EUR 1 228 million 

BUDGET LINE 
05 02 09 
TITLE: 
Council Regulation amending Regulation (EC) No 1493/1999 on the common organisation of the 
market in wine 
LEGAL BASIS: 
Article 37 of the Treaty 
AIMS: 
To update Council Regulation (EC) No 1493/1999 
FINANCIAL IMPLICATIONS 

PERIOD OF 
12 MONTHS 

CURRENT 
FINANCIAL 
YEAR 
2005 
(EUR million) 

FOLLOWING 
FINANCIAL 
YEAR 
2006 
(EUR million) 

(EUR million) 

NATIONAL AUTHORITIES 
OTHER 

EXPENDITURE - CHARGED TO 
- 
THE EC BUDGET 
(REFUNDS/INTERVENTIONS) 
- 
- 
INCOME 
- 
(LEVIES/CUSTOMS DUTIES) 
NATIONAL 
- 

OWN RESOURCES OF THE EC 

5.0.1  ESTIMATED EXPENDITURE 
5.1.1  ESTIMATED REVENUE 
5.2  METHOD OF CALCULATION: 

2007 

-0.68 

2008 

2009 

-0.68 

-0.68 

2010 and 
subs. years 
-0.68 

6.0  CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN 

THE RELEVANT CHAPTER OF THE CURRENT BUDGET? 

YES NO 

6.1  CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS 

OF THE CURRENT BUDGET? 
IS A SUPPLEMENTARY BUDGET NECESSARY? 

6.2 
6.3  WILL APPROPRIATIONS NEED TO BE ENTERED IN FUTURE BUDGETS? 
OBSERVATIONS: 
This measure will generate a saving of EUR 0.681 million from 2006 (see calculation). Since the area under 
vines in Poland totals only around 100 ha, the budget impact is negligible. 
Budget saving on financial costs for by-products in Slovakia and Slovenia 
Slovenia 
Slovakia 
Total 

700 000 hl 
500 000 hl 
1 200 000 hl 

YES NO 
YES NO 
YES NO 

Delivery of by-products for distillation: 3.5% of 1 200 000  42 000 hl 
A Distillation 

= 
100 

10% 
42 000 
0,6 
4 200 
B Alcohol taken over 
(115.9-19+5.32) X 4 200  = 
Total saving 
Savings from 2006 thus amount to EUR million 0.681. 

4 200 hl of alcohol 
EUR 252 000  

EUR 429 324 
EUR 681 324 

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