Proposal for a Council Regulation on the common organisation of the market in wine and amending certain Regulations {SEC(2007) 893} {SEC(2007) 894}
Date: 2007-07-04
Institutions: European Commission
Subjects: EU aid, common organisation of markets, marketing, production, reform of the CAP, viticulture

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 4.7.2007 
COM(2007) 372 final 

2007/0138 (CNS) 

Proposal for a 

COUNCIL REGULATION 

on the common organisation of the market in wine 
and amending certain Regulations 

(presented by the Commission) 

{SEC(2007) 893} 
{SEC(2007) 894} 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

The  European  Union  (EU)  is  the  world's  leading  producer,  consumer,  exporter  and 
importer of wine. In 2006, EU-27 wine production accounts for 5% of the total value 
of  the  EU's  agricultural  production.  In  terms  of  quality,  its  reputation  is  recognised 
worldwide. The wine sector in the EU represents a vital economic activity, especially 
as regards employment and export revenue. 

However,  EU  wine  consumption  has  fallen  significantly  and  steadily  over  the  past 
decades  and,  despite  a  recent  recovery,  the  volume  of  wine  exported  from  the 
Community  since  1996  has  been  increasing  at  a  much  slower  rate  than  imports. 
The deterioration of the balance between supply and demand in the wine sector and 
the  increasing  challenges  inherent  in  a  European  and  international  wine  market  are 
putting  producers'  price  and  income  under  pressure.  Nevertheless  many  wine 
producers are competitive and others are capable of becoming competitive. 

As  stated  in  its  Communication  "Towards  a  sustainable  European  wine  sector"  of 
22 June 20061, the European Commission is of the opinion that a fundamental reform 
of the common market organisation (CMO) for wine is necessary in order to replace 
cost-inefficient  policy  tools  by  a  more  sustainable  and  coherent  legal  framework. 
The aim  is  to  ensure  a  better  value  for  money  using  the  current  budget  allocated 
(around EUR 1.3 billion), which is about 3% of the total for agriculture. 

The  current  CMO  is  set  out  in  Council  Regulation  (EC)  No 1493/1999  of 
17 May 1999.  The  adoption  of  the  proposal  will  lead  to  the  repeal  of  existing 
legislation.  Also  based  on  the  Treaty  establishing  the  European  Community  and  in 
particular  Articles 36  and  37,  the  proposed  regulation  when  adopted  will  enter  into 
force on 1 August 2008 and falls under the exclusive competence of the Community. 
However, many measures to be funded under this proposal will allow Member States 
to tackle the specific situations of their wine producing regions in accordance with the 
subsidiarity principle. 

In keeping with the Commission's commitments on better legislation, the proposal is 
accompanied  by  an  updated  analysis  of  the  economic,  social  and  environmental 
aspects  of  the  problems  linked  to  the  CMO  and  of  the  impact,  advantages  and 
drawbacks  of  the  proposal  in  relation  to  these  issues.  It  also  takes  account  of  the 
results of  the debates conducted both with stakeholders and national authorities and 
within the Community institutions. 

This  draft  regulation  represents  a  Commission  initiative  as  part  of  the  continuing 
common  agricultural  policy  (CAP)  reforms of  2003  for  arable  crops  and  livestock2, 
2004 for olive oil, tobacco and cotton3, and 2006 for sugar4, and the proposed reform 
for  fruit  and  vegetables  of  January  2007,  which  cover  all  the  main  sectors  except 
wine.  It  also  takes  into  account  Community  policies  on  sustainable  development, 

1 
2 
3 
4 

COM(2006) 319. 
Council Regulation (EC) No 1782/2003 (OJ L 270, 21.10.2003, p. 1). 
Council Regulation (EC) No 864/2004 (OJ L 161, 30.4.2004, p. 1). 
Council Regulation (EC) No 318/2006 (OJ L 58, 28.2.2006, p. 1). 

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agreed  at  the  Göteborg  European  Council,  on  greater  competitiveness  in  the 
relaunched  Lisbon  Strategy,  and  on  Simplification  and  Better  Regulation  for  the 
CAP. 

2. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Use of external expertise 

To prepare the ground for the reform of the wine CMO, an ex-post evaluation of the 
current regime has been financed by the Commission and conducted by a consortium 
of European academics. The evaluation report was published in November 2004 and 
is available on the Commission website5. 

In  addition,  when  making  the  medium-term  forecasts  of  the  wine  market  the 
Commission  submitted  its  assumptions,  methodology  and  results  to  a  panel  of 
academics specialised in the wine economy from France, Spain, Italy and Germany. 

•  Wine seminar 

To  give  stakeholders  an  opportunity  to  put  forward  their  opinions  and  ideas  on  the 
present  situation  and  future  prospects  of  the  wine  sector,  a  seminar  entitled 
“Challenges  and  opportunities  for  European  wines”  was  held  on  16 February 2006. 
This  seminar  was  attended  by  more  than  one  hundred  people  representing  a  wide 
range of interested parties6. 

•  Commission Communication and impact assessment 

In June 2006, drawing its first conclusions from the debate, the Commission adopted 
a  Communication  to  the  Council  and  the  European  Parliament  considering  four 
possible  options  for  the  reform  of  the  CMO.  The  Commission  invited  all  the 
stakeholders to participate in an open debate on the future wine CMO, and announced 
that it would propose a reform of the wine CMO on the basis of these discussions. 

Taking  into  account  the  situation  of  the  sector  and  the  policy  objectives  to  be 
achieved, the Commission considered four possible options for the reform of the wine 
CMO. Three of these options – to maintain the status quo, to reform the wine CMO 
along the lines  of  the CAP reform  model and to pursue complete deregulation – do 
not provide adequate answers to the problems, the needs and the particularities of the 
wine sector. 

The Commission carried out an impact assessment listed in the Work Programme; the 
report is available on the Commission website7. 

•  European institutions 

From  July  to  October  2006,  intense  discussions  took  place  within  the  Council,  in 
particular during three meetings of the Agriculture and Fisheries Council. 

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http://ec.europa.eu/agriculture/eval/reports/wine/index_en.htm 
The  conclusions  of  the  wine  seminar  “Challenges  and  opportunities  for  European  wines”  are  on  the 
webpage: http://ec.europa.eu/agriculture/capreform/wine/sem_concl_en.pdf. 
http://ec.europa.eu/agriculture/capreform/wine/fullimpact_en.pdf 

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In  December  2006,  both  the  European  Economic  and  Social  Committee  and  the 
Committee of the Regions adopted their reports on the wine reform. 

In  February  2007,  the  European  Parliament  adopted  its  own  initiative  report  on  the 
Communication. 

•  Stakeholders' consultation 

The  Commission  held  a  wide  range  of  meetings  with  stakeholders  and  discussions 
took place within the Advisory Group on Wine. 

In addition, to ensure direct and concrete dialogue with the European wine sector, the 
Commissioner  for  Agriculture  and  Rural  Development  has  visited  many  of  the 
different vine-growing regions throughout the European Union since February 2006. 

•  Main concerns expressed 

During all these debates held since the adoption of the Commission Communication, 
Member  States  and  many  stakeholders  have  had  the  opportunity  to  express  their 
concerns. Even if diverging views were expressed, the following concerns are largely 
shared by many of them: 

– 

– 

– 

– 

the urgent need for extensive reform in the light of the Commission's economic 
analysis, diagnosis of problems and objectives for reform, 

the  social  and  economic  risks  arising  from  too  rapid  and  too  widespread 
grubbing-up, 

the urgent need to enhance wine marketing and promotion, 

the risk for quality if the bans on imported musts for vinification and on wine 
coupage between EU wines and imported wines were to be lifted. 

Non wine-producing countries stressed the need to introduce more cost-efficient and 
consumer-oriented measures. 

The above-mentioned concerns have been duly taken into account by the Commission 
in the present proposal. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

•  Objectives of the reform 

The identified objectives of this reform are to: 

– 

– 

– 

increase  the  competitiveness  of  the  EU's  wine  producers;  strengthen  the 
reputation of EU quality wine as the best in the world; recover old markets and 
win new ones in the EU and worldwide; 

create a wine regime that operates through clear, simple rules – effective rules 
that balance supply and demand; 

create a wine regime that preserves the best traditions of EU wine production, 
reinforces the social fabric of many rural areas, and ensures that all production 
respects the environment. 

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The new EU wine policy should also give due consideration to the increased concerns 
of  society  as  regards  health  and  consumer  protection,  the  need  for  World  Trade 
Organisation (WTO) compatibility and consistency with the reformed CAP, first and 
second pillar and conformity with the financial perspectives. 

Finally, it has to be pointed out that this proposal has been drawn up in light of the 
Commission proposal for a Council Regulation establishing a common  organisation 
of  agricultural  markets.  Some  provisions  of  a  horizontal  nature  have  been  updated, 
simplified and streamlined so that the wine CMO can be easily incorporated into that 
single CMO in due course. 

•  Summary of the proposed measures 

Recognising  the  problems  and  the  potential  of  the  sector  and  its  particularities,  and 
following the in-depth analysis in the Impact Assessment, the Commission considers 
that  there  is  a  need  to  keep  a  specific  wine  CMO  which  must,  without  doubt,  be 
fundamentally reformed. 

The  challenge  is  to  adapt  the  production  structure  and  regulatory  framework  in  the 
interest  of  a  sustainable  and  competitive  European  wine  industry  with  long-term 
prospects while, at the same time, ensuring that budgetary means are used in the most 
cost-effective  manner.  This  will  entail  abolishing  from  day  one,  all  the  measures 
which  have  proved  to  be  inefficient,  namely  support  for  by-product  distillation, 
potable alcohol and dual-purpose grape distillation as well as private storage support 
and export refunds. Aid for must in relation to enrichment, introduced to compensate 
additional  costs  when  comparing  enrichment  with  sugar,  will  be  abolished  in  line 
with  the  introduction  of  a  ban  on  the  use  of  sugar  for  enrichment.  The  crisis 
distillation measure will be replaced by two crisis management measures introduced 
in the national envelope menu. 

An important feature of the far-reaching reform will be to make the new wine CMO 
WTO-friendly.  Thus,  current  trade-distorting  ("Amber  Box")  intervention  measures 
will be eliminated, and where internal support measures continue to exist, preference 
will be given to "Green Box" measures. 

The  proposed  approach  consists  of  two  phases:  the  first  phase  from  2008  to  2013 
involves restoring market balance while helping those who cannot compete to leave 
the  sector  with  dignity.  Throughout  the  period  new  measures  will  be  introduced  to 
improve  competitiveness,  including,  in  a  second  phase,  the  abolition  of  planting 
rights as from 1 January 2014. 

3.1. 

Renewed, simplified and more straightforward regulatory measures 

Fewer constraints for producers 

The system of planting rights restrictions will be extended from 2010 to 2013. 

Then, from 1 January 2014 onwards planting of vines will be free in order to improve 
competitiveness. The purpose is to allow competitive wine producers to expand their 
production in order to recover old markets and win new ones in the EU and in third 
countries. However, new market realities and Member States' competences regarding 
access  to  protected  designation  of  origin  or  Geographical  Indication  status,  for 
example  area  delimitation,  setting  of  maximum  yields  and  other  stricter  rules  on 

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production,  processing  and  labelling,  combined  with  the  end  of  the  systematic 
distillation safety net will de facto limit the number of hectares and avoid excessive 
production. Any new production decision will fully reflect the producers' capacity to 
find economic outlets for their products. 

More adaptable oenological practices with: 

– 

– 

– 

– 

the  transfer  from  the  Council  to  the  Commission  of  the  responsibility  for 
approving  new  or  modifying  existing  oenological  practices,  including  taking 
over the acquis except for enrichment and acidification; 

the assessment by the Commission of the oenological practices adopted by the 
International  Organisation  of  Vine  and  Wine  (OIV)  and  subsequent 
incorporation into a Commission regulation; 

the  authorisation  of  the  use  in  the  EU  of  oenological  practices  already  agreed 
internationally for making wine to export to those destinations; 

the deletion of the minimum natural alcohol requirement of wine. 

Clearer,  more  coherent  and  consequently  more  market-oriented  wine  classification 
and labelling: 

The concept of EU quality wines is based on a geographical origin approach (quality 
wine produced in a specified region). The EU wants to confirm, adapt, promote and 
enhance this concept worldwide. 

The  quality  policy  will  be  made  clearer,  simpler,  more  transparent  and  thus  more 
effective, by: 

– 

– 

– 

establishing  a  clear  framework  for  wines  with  Geographical  Indication  (GI) 
consistent  with  the  horizontal  quality  policy  (Council  Regulation  (EC) 
No 510/2006).  Wines  with  GI  will  be  further  divided  into  wines  with  a 
protected geographical indication (PGI) and wines with a protected designation 
of  origin  (PDO).  A  procedure  for  registration  and  protection  of  GIs  will  be 
established; 

maintaining the ban on over-pressing of grapes in order to ensure wine quality, 
to be applied under the subsidiarity principle; 

expanding the role of the interprofessional organisations in order to be able to 
control and manage the quality of the wine produced in their territories. Control 
instruments  are  reinforced  as  well,  in  particular  for  the  production  of  "vin  de 
cépage". 

The Commission proposes to simplify the labelling provisions by setting up a single 
legal  framework  applying  to  all  the  different  categories  of  wine  and  particulars 
relating  to  them.  It  will  respond  to  the  needs  of  consumers  and  be  more  consistent 
with the wine quality policy. In particular, this involves: 

– 

– 

the transfer of competence from the Council to the Commission; 

the  use  of  a  single  legal  tool  for  all  wines  by  complementing  the  rules  in  the 
horizontal labelling Directive 2000/13/EC as appropriate to meet the particular 
needs of the wine sector as regards compulsory and optional labelling; 

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– 

improving the flexibility of the labelling policy, in taking into account the WTO 
policies, by removing the distinction between the rules on labelling wines with 
and without protected designations of origin or geographical indications, most 
importantly  facilitating  the  indication  of  vine  variety  and  vintage  on  wines 
without  protected  designation  of  origin  or  geographical  indication  respecting 
proper traceability requirements; 

– 

ensuring  consumer  information  and  protection,  fully  informing  them  of  the 
origin of the product through appropriate labelling rules on traceability. 

3.2. 

Setting  national  envelopes  to  allow  Member  States  to  improve  their  specific 
situation 

According  to  the  financial  statement,  the  overall  budget  allocated  to  this  type  of 
measures  will  vary  from  EUR 623 million  in  2009  to  EUR 830 million  from  2015 
onwards. 

Out of it, a budget envelope will be made available to each wine-producing Member 
State,  calculated  according  to  three  objective  criteria,  namely  shares  in  area, 
production  and  historical  expenditure  with  the  following  respective  weight:  one 
fourth, one fourth and a half, except for the promotion part where the weight will be a 
half for the share in area and a half for the share in production. 

Using  their  envelope,  every  Member  State  will  be  allowed  to  finance  measures, 
according to its preference, from a given menu including: 

– 

– 

– 

– 

new support for promotion in the third countries; 

the vineyard restructuring/conversion scheme; 

new support for green harvest; 

new  crisis  management  measures,  i.e.  insurance  against  natural  disasters  and 
administrative costs of setting up a sector-specific mutual fund. 

Its  use  will  be  subject  to  certain  common  rules,  including  minimum  environmental 
rules applied through the principles of cross-compliance, in order to avoid distortion 
of competition, and subject to the notification of the specific national programme to 
the Commission. 

3.3. 

Building a more sustainable sector by using more Rural Development measures 

Many  measures  already  forming  part  of  the  Rural  Development  Regulation8  and 
inserted in the programmes adopted by the Member States could be of interest for the 
wine  sector  as  they  could  provide  significant  encouragement  and  benefit  for  vine 
growers, processors and traders. Among other things: 

– 

– 

– 

setting  up  of  young  farmers  and  investments  in  technical  facilities  and 
marketing improvements; 

vocational training; 

information and promotion support for producers' organisations after entering a 
quality scheme; 

8 

Council Regulation (EC) No 1698/2005 (OJ L 277, 21.10.2005, p. 1). 

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– 

– 

agri-environment  support  to  cover  additional  costs  and  income  foregone  in 
providing and maintaining vinescapes/cultural landscapes; 

early  retirement:  to  be  granted  eventually  to  farmers  who  decide  to  stop  all 
commercial  farming  activity  definitively  for  the  purpose  of  transferring  the 
holding to other farmers. 

The  abolition  of  the  use  of  sugar  will  force  some  wine  producers  who  have 
traditionally  used  sugar  for  enrichment  to  make  investments  to  introduce  the  use  of 
must for enrichment. Under rural development it will be possible for Member States 
to provide investment support to wine producers who have to change from the use of 
sugar for enrichment to the use of must. 

As the 2007–2013 Rural Development planning process is in progress, and in order to 
encourage these measures, a transfer of funds between budget headings (market and 
direct payments on the one hand and Rural Development on the other hand) will be 
necessary and would be earmarked for the wine producing regions in line with what 
was done in two other sectors (tobacco and cotton). 

The transferred budget will vary from EUR 100 million in 2009 to EUR 400 million 
from 2014 onwards. As the Rural Development plans will already have been adopted, 
Member  States  will  have  the  opportunity  to  adapt  them  so  that  they  can  play  an 
important role in the economic welfare of wine sector stakeholders in the future and 
in preserving the environment in the vine-growing regions. 

3.4.  Making the consumer better informed about European wines 

Several stakeholders, in particular during the 16 February 2006 Seminar, underlined 
the  need  for  increased  emphasis  on  wine  marketing  and  wine  promotion.  The 
Commission intends to pursue with vigour a responsible promotion and information 
policy. All available opportunities in Community legislation should be used and some 
new ones created in order to carry out: 

– 

– 

– 

new  promotion  projects  outside  the  EU  using  national  envelopes  with  an 
ambitious  and earmarked budget  of EUR 120 million, about 9% of the budget 
allocated  to  the  sector.  Those  measures  will  be  co-financed  at  50%  by  the 
Community budget; 

enhanced  promotion  projects  using  rural  development  funds  for  producers' 
organisations entering quality schemes; 

new  information  campaigns  on  responsible/moderate  wine  consumption  will 
also  be  financed  within  the  EU  using  the  horizontal  legal  framework  for 
promotion  with  an  increased  co-financing  rate  (set  at  60%).  The  current 
information campaign on European Geographical Indication classification will 
also  be  enhanced.  For  this  purpose,  Council  Regulation  (EC)  No 2826/2000 
will be amended and more funds will be made available. 

3.5. 

Preventing environmental risks 

The  production  and  marketing  of  wine  should  take  full  account  of  environmental 
concerns, from cultivation practices to processing methods. The Commission intends 
to  ensure  that  the  reform  of  the  wine  regime  improves  the  environmental  impact  of 

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vine growing and winemaking, particularly as regards soil erosion and contamination, 
the use of plant protection products, and waste management. 

In order to achieve this, the Commission proposes: 

– 

– 

– 

– 

– 

the  eligibility  of  all  wine  areas  to  participate  in  the  Single  Payment  Scheme 
means  that  for  more  and  more  producers  the  cross-compliance  rules  will  be 
compulsory; 

the automatic introduction of grubbed-up areas in the Single Payment Scheme 
means that the cross-compliance rules will be compulsory for those areas; 

a  minimum  environmental  requirement  will  be  attached  to  the  grubbing-up 
premium  to  avoid  land  degradation  as  well  as  to  the  restructuring  and  green 
harvesting measures funded by the national envelopes; 

the establishment of an acceptable minimum level of environmental care in the 
wine making process; 

an  increase  of  funds  in  Rural  Development  programmes,  for  example  under 
axis 2,  providing  for  support  measures  to  improve  the  environment  and  the 
countryside. 

3.6. 

Granting alternatives to less competitive producers 

Even if many producers are already competitive or will improve their competitiveness 
thanks to the new measures proposed in the reform, some of them are currently in a 
very difficult situation. Their income is often already negative and they will be hard 
pressed to avoid bankruptcies in an increasingly competitive market. In order to offer 
them a way out of the sector with dignity, a definitive abandonment regime must be 
maintained. 

Vine  growers  should  be  free  to  choose  to  grub  up  or  not.  However,  to  avoid  social 
and/or environmental problems, Member States will be allowed to limit grubbing-up 
in  mountains  and  steep  slopes  vineyards  as  well  as  in  regions  under  specific 
environmental  constraints  and/or  to  discontinue  grubbing-up  if  the  total  grubbed-up 
area cumulated exceeds 10% of their vine area. 

The  grubbing-up  premium  will  be  increased  and  set  at  an  attractive  level. 
To encourage uptake from year 1, a decreasing scale will be set for the premium over 
the  remaining  period  of  planting  restrictions.  The  budget  allocated  will  make  it 
possible to grub up around 200 000 ha in the EU over a five-year period. This is the 
area  corresponding  to  the  part  of  the  structural  surplus  to  be  eliminated  taking  into 
account  the  recent  trade  improvements  together  with  the  positive  effects  on  market 
balance  expected  from  the  other  measures  proposed,  in  particular  the  end  of 
enrichment with sugar, promotion, green harvesting and Rural Development support. 

The agricultural area formerly used for vine growing, once grubbed up, will qualify 
as  an  eligible  area  under  the  Single  Payment  Scheme  and  be  granted  the  average 
regional decoupled direct payment. 

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3.7. 

Trade with third countries 

Bearing in mind that the WTO negotiations are still ongoing and that their outcome 
remains unknown, the reform proposal does not touch on the current legal framework 
relating to external trade with the exception of export refunds. 

However,  for  wine,  the  impact  and  the  role  of  export  refunds  have  been  analysed. 
Their  economic  impact  has  considerably  decreased.  Indeed,  exports  with  refunds 
represent  less  than  15%  of  total  exports  in  volume.  The  value  of  export  refunds 
represents  3.4%  of  the  value  of  the  products  eligible  for  export  refunds.  It  has 
therefore  been  considered  that  better  use  can  be  made  of  the  funds  allocated  to  this 
instrument, in part on promotion, and it is proposed to abolish export refunds. 

3.8. 

Enhancing  CAP  coherence,  simplification  and  full  compliance  with  the 
Community legislation 

Extension  of  the  eligibility  of  all  wine  areas  to  participate  in  the  Single  Payment 
Scheme  is  a  significant  step  designated  to  offer  wine  producers  a  high  degree  of 
flexibility and ensure that they are treated on an equal footing with other farmers. For 
this purpose Council Regulation (EC) No 1782/2003 will be amended. 

for  simplification  of 

The  proposal  provides 
legislation,  simplification  of 
administrative  procedures  for  public  authorities  (EU,  national  or  regional)  and 
simplification  of  administrative  procedures  for  private  parties.  For  example,  the 
administrative simplification resulting from the abolition of the market measures and 
of the planting rights from 2014 represents a considerable advantage of the proposed 
reform.  Simplification  and  electronic  transmission  of  accompanying  documents 
should also be encouraged. 

Irrespective  of  the  removal  of  the  planting  restrictions,  economic  operators  and 
Member  States  have  to  comply  with  existing  Community  legislation  regarding  so-
called irregular vineyards and illicit vineyards. Compliance with these rules is crucial 
to  the  functioning  of  the  CMO.  If  the  rules  are  not  observed,  the  Commission  will 
(continue to) take appropriate measures in the framework of the clearance of accounts 
procedures or, if necessary, initiate infringement procedures under Article 226 of the 
Treaty. 

4. 

BUDGETARY IMPLICATION 

The impact of the proposed reform does not increase costs with respect to the recent 
level of EUR 1.3 billion devoted to the sector. This budget will be used: 

– 

– 

– 

in the  new  CMO for  national envelopes including promotion to third counties 
on the one hand and for grubbing-up on the other hand, 

to  allow  transfer  to  Rural  Development  measures  for  wine  producing  regions, 
and 

to  allow  transfer  to  the  single  payment  scheme  according  to  the  areas 
grubbed-up. 

It is expected that the changes and innovations in the regime will lead to the budget 
being used more efficiently. 

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In addition, funds to be used for information on the internal market about wines with 
a  protected  designation  of  origin  or  geographical  indication,  variety  wines  and 
responsible consumption will be increased by EUR 3 million. 

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TABLE OF CONTENTS 

TITLE I  INTRODUCTORY PROVISIONS.........................................................................................23 

TITLE II – SUPPORT MEASURES..................................................................................................24 

Chapter I Support programmes.................................................................................................24 

Section 1 Introductory provisions.............................................................................................24 

Section 2 Support programmes.................................................................................................25 

Section 3 Specific support measures ........................................................................................27 

Section 4 General provisions ....................................................................................................30 

Chapter II Financial transfer .....................................................................................................31 

TITLE III – REGULATORY MEASURES.........................................................................................31 

Chapter I General rules .............................................................................................................31 

Chapter II Oenological practices and restrictions.....................................................................32 

Chapter III Designations of origin and geographical indications .............................................35 

Section 1 Scope and definitions................................................................................................35 

Section 2 Application for protection.........................................................................................36 

Section 3 Procedure conferring protection ...............................................................................37 

Section 4 Specific cases............................................................................................................39 

Section 5 Protection and control...............................................................................................40 

Section 6 General provisions ....................................................................................................44 

Chapter IV Labelling ................................................................................................................44 

Chapter V Producer and sectoral organisations........................................................................46 

TITLE IV – TRADE WITH THIRD COUNTRIES ...............................................................................50 

Chapter I Common provisions..................................................................................................50 

Chapter II Import and export licences ......................................................................................50 

Chapter III Safeguard measures................................................................................................52 

Chapter IV Rules applying to imports ......................................................................................54 

TITLE V – PRODUCTION POTENTIAL...........................................................................................56 

Chapter I Unlawful plantings....................................................................................................56 

Chapter II Transitional planting right regime ...........................................................................58 

Chapter III Grubbing-up scheme ..............................................................................................62 

TITLE VI – GENERAL PROVISIONS .............................................................................................65 

TITLE VII – TRANSITIONAL AND FINAL PROVISIONS .................................................................69 

Chapter I Amendments .............................................................................................................69 

Chapter II Transitional and final provisions .............................................................................71 

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2007/0138 (CNS) 

Proposal for a 

COUNCIL REGULATION 

on the common organisation of the market in wine 
and amending certain Regulations 

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, 

Having regard to the opinion of the European Parliament, 

Whereas: 

(1) 

The  current  regime  applicable  to  the  wine  sector  is  laid  down  in  Council  Regulation 
(EC)  No 1493/1999  of  17 May  1999  on  the  common  organisation  of  the  market  in 
wine9. 

(2)  Wine consumption in the Community has been steadily diminishing and the volume of 
wine exported from the Community since 1996 has been increasing at a much slower 
rate than the respective imports. This has led to a deterioration of the balance between 
supply and demand which in turn puts producers’ prices and incomes under pressure.  

(3) 

(4) 

(5) 

9 

Not  all  the  instruments  currently  included  in  Regulation  (EC)  No 1493/1999  have 
proved  effective  in  steering  the  sector  towards  a  competitive  and  sustainable 
development. The market mechanism measures, such as crisis distillation, have proved 
cost-inefficient  to  the  extent  that  they  have  encouraged  structural  surpluses  without 
requiring improvements in the relevant competitive structures. Moreover, some of the 
existing  regulatory  measures  have  unduly  constrained  the  activities  of  competitive 
producers. 

In  other  words,  the  current  legal  framework  does  not  appear  to  enable  to  attain,  in  a 
sustainable manner, the objectives set out in Article 33 of the Treaty and in particular 
stabilising  the  wine  market  and  ensuring  a  fair  standard  of  living  for  the  agricultural 
community concerned. 

In the light of the experience gained it is therefore appropriate to fundamentally change 
the  Community  regime  applying  to  the  wine  sector  with  a  view  to  achieving  the 
following  objectives:  increasing  the  competitiveness  of  the  Community’s  wine 

OJ  L  179,  14.7.1999,  p. 1.  Regulation  as  last  amended  by  Regulation  (EC)  No  1791/2006  (OJ  L  363, 
20.12.2006, p. 1). 

EN 

13 

   EN 

 
                                                 
producers; strengthening the reputation of Community quality wine as the best in the 
world;  recovering  old  markets  and  winning  new  ones  in  the  Community  and 
worldwide;  creating  a  wine  regime  that  operates  through  clear,  simple  and  effective 
rules that balance supply and demand; creating  a wine regime  that preserves the best 
traditions  of  Community  wine  production,  reinforcing  the  social  fabric  of  many  rural 
areas,  and  ensuring  that  all  production  respects  the  environment.  It  is  therefore 
appropriate  to  repeal  Regulation  (EC)  No 1493/1999  and  to  replace  it  by  this  new 
Regulation. 

This Regulation has been preceded by an evaluation and consultation process to better 
identify  and  target  the  needs  of  the  wine  sector.  An  external  evaluation  report  was 
commissioned and published in November 2004. To give stakeholders an opportunity 
to express their opinions, the Commission organised a seminar on 16 February 2006. A 
communication  from  the  Commission  “Towards  a  sustainable  European  wine  sector” 
was published on 22 June 200610 along with an Impact Assessment listing a number of 
options for a reform of the sector. 

From  July  to  November  2006,  discussions  took  place  at  Council  level.  In  December 
2006,  the  European  Economic  and  Social  Committee  and  the  Committee  of  the 
Regions  adopted  reports  on  the  proposed  wine  reform  options  as  set  out  in  the 
communication from the Commission. On 15 February 2007, the European Parliament 
adopted  its  own-initiative  report  on  the  communication  outlining  conclusions  which 
have been taken into account in this Regulation.  

Council  Regulation  (EC)  No  ...  establishing  a  common  organisation  of  agricultural 
markets  (“single  common  market  organisation”)  should  eventually  cover  the  wine 
sector  as  well.  The  single  common  market  organisation  includes  provisions  of  a 
horizontal nature, in particular on trade with third countries, competition rules, controls 
and  penalties,  exchange  of  information  between  the  Commission  and  the  Member 
States.  To  allow  for  easy  future  incorporation  into  the  single  common  market 
organisation, the provisions of this Regulation dealing with the said horizontal issues 
should be aligned as much as possible on those contained in the single common market 
organisation. 

It  is  important  to  provide  for  support  measures  which  are  liable  to  strengthen 
competitive  structures.  While  those  measures  should  be  financed  and  defined  by  the 
Community it should be left to Member States to select the right mix for the needs of 
their  respective  constituencies,  taking  regional  particularities  into  account,  where 
necessary,  as  well  as  to  integrate  them  into  national  support  programmes.  Member 
States should be responsible for the implementation of such programmes. 

(6) 

(7) 

(8) 

(9) 

(10)  The financial key to allocating the funds for the national support programmes among 
Member States should be based on the historical share of the wine budget as the main 
criterion, the area planted with vines and the historical production. 

(11)  One  key  measure  in  such  programmes  should  be  the  promotion  and  marketing  of 
Community  wines  in  third  countries  and  a  certain  budget  amount  should  be  reserved 
for that measure. Restructuring and conversion activities should continue to be covered 
on account of their positive structural effects on the sector. Preventive instruments such 

10 

COM(2006) 319. 

EN 

14 

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as harvest insurance, mutual funds and green harvesting should be eligible for support 
under  the  support  programmes  so  as  to  encourage  a  responsible  approach  to  crisis 
situations. 

(12)  The financing of the eligible measures by the Community should, where practicable, be 
dependent on compliance by the producers concerned with certain environmental rules 
in  force.  Where  non-compliance  is  detected  it  should  give  rise  to  corresponding 
reductions in payments. 

(13)  Support  to  the  sector  should  also  come  from  structural  measures  under  Council 
Regulation  (EC)  No  1698/2005  of  20  September  2005  on  support  for  rural 
development by the European Agricultural Fund for Rural Development (EAFRD)11. 

(14)  The  following  measures  in  pursuant  to  Regulation  (EC)  No 1698/2005  should  be  of 
interest for the wine sector: setting up of young farmers and investments in technical 
facilities and marketing improvements, vocational training, information and promotion 
support  for  producers’  organisations  after  entering  quality  scheme,  agri-environment 
support,  early  retirement  to  be  granted  to  farmers  who  decide  to  stop  all  commercial 
farming  activity  definitively  for  the  purpose  of  transferring  the  holding  to  other 
farmers.  

(15) 

to 

increase 

In  order 
the  financial  means  available  under  Regulation  (EC) 
No 1698/2005, a gradual transfer of funds to the budget under that Regulation should 
be put into place. 

(16)  Certain regulatory measures should apply in the wine sector, in particular for reasons 

of health, quality and consumer expectations.  

(17)  Member  States  should  continue  to  be  responsible  for  classifying  the  wine  grape 
varieties  from  which  wine  may  be  made  on  their  territories.  Certain  wine  grape 
varieties should be excluded. 

(18)  Certain products covered by this Regulation should be marketed in the Community in 
accordance with specific a classification of grapevine products and the corresponding 
specifications. 

(19)  Products  covered  by  this  Regulation  should  be  produced  in  accordance  with  certain 
rules on oenological practices and restrictions, which guarantee that health concerns as 
well as consumer expectations as regards quality and production methods are met. For 
reasons  of  flexibility,  the  Commission  should  be  given  the  responsibility  for  keeping 
those practices updated and approving new ones except in the politically sensitive areas 
of  enrichment  and  acidification,  for  which  the  Council  should  remain  competent  as 
regards changes. 

(20) 

Increasing the alcohol content of wine should be subject to certain limits and should, 
where applied, be carried out by adding concentrated and rectified grape must to wine. 
The addition of sucrose to wine should no longer be allowed. 

11 

OJ L 277, 21.10.2005, p. 1. Regulation as last amended by Regulation (EC) No 2012/2006 (OJ L 384, 
29.12.2006, p. 8). 

EN 

15 

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(21) 

(22) 

In view of the poor quality of wine obtained from over-pressing, this practice should be 
prohibited. 

In  order  to  meet  the  international  standards  in  this  field,  the  Commission  should 
generally  base  itself  on  the  oenological  practices  approved  by  the  International 
Organisation  of  Vine  and  Wine  (OIV).  These  standards  should  also  apply  to 
Community  wines  to  be  exported  regardless  of  more  restrictive  rules  which  may  be 
applicable  in  the  Community  so  as  to  not  hamper  Community  producers  in  foreign 
markets. 

(23)  Coupage of a wine originating in a third country with a Community wine and coupage 
between  wines  originating  in  third  countries  should  continue  to  be  prohibited  in  the 
Community.  By  the  same  token,  certain  types  of  grape  must,  grape  juice  and  fresh 
grapes originating in third countries should not be turned into wine or added to wine in 
the territory of the Community. 

(24)  The  concept  of  quality  wines  in  the  Community  is  based  inter  alia  on  the  specific 
characteristics attributable to the wine’s geographical origin. Such wines are identified 
for  consumers  via  protected  designations  of  origin  and  geographical  indications 
although the current system is not fully developed in this respect. In order to allow for 
a transparent and more elaborate framework underpinning the claim to quality by the 
products  concerned,  a  regime  should  be  established  under  which  applications  for  a 
designation  of  origin  or  a  geographical  indication  are  examined  in  line  with  the 
approach  followed  under  the  Community’s  horizontal  quality  policy  applicable  to 
foodstuffs  other  than  wine  and  spirits  in  Council  Regulation  (EC)  No 510/2006  of 
20 March 2006 on the protection of geographical indications and designations of origin 
for agricultural products and foodstuffs12. 

(25) 

In order to preserve the particular quality characteristics of wines with a designation of 
origin  or  a  geographical  indication,  Member  States  should  be  allowed  to  apply  more 
stringent rules in that respect. 

(26)  To  qualify  for  protection  in  the  Community,  designations  of  origin  and  geographical 
indications should be recognised and registered at Community level. To ensure that the 
respective names meet the conditions laid down by this Regulation, applications should 
be  examined  by  the  national  authorities  of  the  Member  State  concerned,  subject  to 
compliance  with  minimum  common  provisions,  including  a  national  objection 
procedure.  The  Commission  should  subsequently  scrutinize  these  decisions  to  ensure 
that  applications  satisfy  the  conditions  laid  down  by  this  Regulation  and  that  the 
approach is uniform across the Member States. 

(27)  Protection  should  be  open  to  designations  of  origin  and  geographical  indications  of 

third countries where these are protected in their country of origin. 

(28)  The  registration  procedure  should  enable  any  natural  or  legal  person  having  a 
legitimate  interest  in  a  Member  State  or  a  third  country  to  exercise  their  rights  by 
notifying their objections. 

12 

OJ L 93, 31.3.2006, p. 12. Regulation as amended by Regulation (EC) No 1791/2006. 

EN 

16 

   EN 

 
                                                 
(29)  Registered designations of origin and geographical indications should enjoy protection 
against  uses  which  unduly  take  advantage  of  the  reputation  that  compliant  products 
command.  So  as  to  promote  fair  competition  and  not  to  mislead  consumers,  this 
protection  should  also  affect  products  and  services  not  covered  by  this  Regulation, 
including those not found in Annex I to the Treaty.  

(30)  Procedures  should  be  provided  for  permitting  amendment  of  product  specifications 
after  protection,  and  cancellation  of  the  designation  of  origin  or  geographical 
indication, in particular if compliance with the corresponding product specification is 
no longer ensured. 

(31)  The  designations  of  origin  and  geographical  indications  protected  on  Community 
territory should be subject to controls, where possible in consistence with Regulation 
(EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on 
official controls performed to ensure the verification of compliance with feed and food 
law, animal health and animal welfare rules13, including a system of checks to ensure 
compliance with the product specifications of the wines concerned. 

(32)  Member States should be authorised to charge a fee to cover the costs incurred. 

(33)  Existing designations of origin and geographical indications in the Community should 
for reasons of legal certainty be exempt from the application of the new examination 
procedure.  The  Member  States  concerned  should,  however,  provide  the  Commission 
with the basic information and acts under which they have been recognised at national 
level  failing  which  they  should  lose  their  protection  as  designations  of  origin  or 
geographical indications. The scope for cancellation of existing designations of origin 
and geographical indications should be limited for reasons of legal certainty. 

(34)  Protecting geographical names as designations of origin or geographical indications at 

national level should no longer be possible. 

(35)  The  description,  designation  and  presentation  of  products  covered  by  this  Regulation 
can have significant effects on their marketability. Differences between the laws of the 
Member States on the labelling of wine products may impede the smooth functioning 
of the internal market. 

(36)  Rules should therefore be laid down which take into account the legitimate interests of 
consumers  and  producers.  For  this  reason,  Community  rules  concerning  labelling  are 
appropriate. 

(37)  These rules should provide for the obligatory use of certain terms so as to identify the 
product  in  accordance  with  the  sales  categories  and  provide  consumers  with  certain 
important items of information. The use of certain other optional pieces of information 
should also be addressed in the Community framework. 

(38)  Save as otherwise provided, labelling rules in the wine sector should be complementary 
to  those  laid  down  in  Directive  2000/13/EC  of  the  European  Parliament  and  of  the 
Council  of  20  March  2000  on  the  approximation  of  the  laws  of  the  Member  States 

13 

OJ L 165, 30.4.2004, p. 1; corrected version (OJ L 191, 28.5.2004, p. 1). Regulation as last amended by 
Regulation (EC) No 1791/2006. 

EN 

17 

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relating  to  the  labelling,  presentation  and  advertising  of  foodstuffs14,  which  apply 
horizontally.  Experience  has  shown  that  a  differentiation  in  terms  of  labelling  rules 
according to the category of wine product is not expedient. The rules should apply to 
all  the  different  categories  of  wine,  including  imported  products.  In  particular,  they 
should allow the indication of a wine grape variety and a vintage on wines without a 
designation of origin or a geographical indication, subject to requirements concerning 
the veracity of the labelling and the respective monitoring. 

(39)  The existence and formation of producers’ organisations continue to have the potential 
to contribute to the attainment of the needs of the wine sector as defined at Community 
level. Their usefulness should lie in the scope and efficiency of the services they offer 
to their members. The same holds true for inter-branch organisations. Member States 
should  therefore  recognise  organisations  which  meet  certain  requirements  defined  at 
Community level. 

(40) 

In order to improve the operation of the market for wines with a designation of origin 
or  a  geographical  indication,  Member  States  should  be  able  to  implement  decisions 
taken  by  inter-branch  organisations.  The  scope  of  such  decisions  should,  however, 
exclude practices which could distort competition. 

(41)  The  creation  of  a  single  Community  market  involves  the  introduction  of  a  trading 
system  at  the  external  borders  of  the  Community.  This  should  include  import  duties 
and should, in principle, stabilise the Community market. The trading system should be 
based  on  the  Community’s  international  obligations,  in  particular  those  flowing  from 
the World Trade Organisation (WTO) agreements. 

(42)  Monitoring trade flows is above all a matter of management which should be addressed 
in a flexible way. Accordingly, a decision on the introduction of licence requirements 
should be taken by the Commission taking account of the need for import and export 
licences  for  managing  the  markets  concerned  and,  in  particular,  for  monitoring  the 
imports  of  the  products  in  question.  General  conditions  concerning  such  licences 
should, however, be laid down in this Regulation.  

(43)  Where  provision  is  made  for  import  and  export  licences,  the  lodging  of  a  security 
should be required in order to guarantee that the transactions for which such licences 
are granted are carried out. 

(44)  The  import  duty  system  makes  it  possible  to  dispense  with  all  other  protective 
measures  at  the  external  borders  of  the  Community.  The  internal  market  and  duty 
mechanism could, in exceptional circumstances, prove to be inadequate. In such cases, 
in order not to leave the Community market without defence against disturbances that 
might  ensue,  the  Community  should  be  able  to  take  all  necessary  measures  without 
delay.  Such  measures  should  comply  with  the  international  commitments  of  the 
Community. 

(45) 

In  order  to  prevent  or  counteract  adverse  effects  on  the  Community  market  which 
could  result  more  particularly  from  imports  of  grape  juice  and  grape  must  products, 

14 

OJ L 109, 6.5.2000, p. 29. Directive as last amended by Commission Directive 2006/142/EC (OJ L 368, 
23.12.2006, p. 110). 

EN 

18 

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such imports should be subject to payment of an additional duty, if certain conditions 
are fulfilled. 

(46)  To ensure the proper functioning of the market in wine and, in particular, avoid market 
disturbances,  the  possibility  of  prohibiting  the  use  of  inward  and  outward  processing 
arrangements  should  be  provided  for.  In  order  for  this  type  of  market  management 
instrument  to  be  successful,  it  usually  needs  to  be  applied  without  major  delays.  The 
Commission should therefore be entrusted with the relevant powers.  

(47)  Products  imported  from  third  countries  should  be  subject  to  the  Community  rules  on 
product  categories,  labelling  and  designations  of  origin  and  geographical  indications. 
They should be accompanied by an analysis report. 

(48) 

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

(49)  The surplus production of wine in the Community has been made worse as a result of 
violations  of  the  transitional  prohibition  on  new  plantings.  A  significant  number  of 
unlawful  plantings  exist  in  the  Community,  which  constitutes  a  source  of  unfair 
competition and exacerbates the problems of the sector. 

(50)  As  regards  the  unlawful  areas,  differentiation  should  be  made  between  those  planted 
before and after 1 September 1998, in so far as the producers’ obligations towards the 
areas are concerned.  

(51)  So far, unlawful areas from before 1 September 1998 are not subject to any grubbing-
up  obligation.  The  producers  concerned  should  be  obliged  to  regularise  them  against 
payment  of  a  fee.  If  the  areas  concerned  are  not  regularised  by  31 December 2009, 
producers  should  be  under  an  obligation  to  grub  up  the  areas  concerned  at  their  own 
expense.  Non-compliance  with  this  mandatory  grubbing-up  should  entail  penalty 
payments. 

(52)  Those  areas  which  have  been  planted  in  violation  of  the  relevant  prohibition  after 
1 September 1998  should  be  grubbed  up,  this  being  the  sanction  laid  down  in 
Regulation  (EC)  No 1493/1999.  Non-compliance  with  this  mandatory  grubbing-up 
should entail penalty payments. 

(53)  Pending the implementation of the regularisation and grubbing-up measures, wine from 
areas  planted  in  violation  of  the  prohibition  and  not  regularised  in  accordance  with 
Regulation  (EC)  No 1493/1999,  should  not  be  put  on  the  market  other  than  for 
distillation  at  the  expense  of  the  producer  concerned.  The  presentation  of  distillation 
contracts by producers should ensure better monitoring of this rule than was the case 
until now. 

(54)  While the transitional prohibition on new plantings has had some effect on the balance 
between  supply  and  demand  in  the  wine  market,  it  has  at  the  same  time  created  an 
obstacle for competitive producers who wish to respond flexibly to increased demand.  

(55)  As a market balance has not yet been found, and as the accompanying measures such 
as  the  grubbing-up  scheme  need  time  to  take  effect,  it  is  expedient  to  keep  the 
prohibition  on  new  plantings  in  place  until  31 December 2013,  at  which  juncture, 

EN 

19 

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however,  it  should  de  definitely  lifted  in  order  to  permit  competitive  producers  to 
respond freely to market conditions.  

(56)  The  existing  permission  for  new  planting  of  areas  intended  for  graft  nurseries,  land 
consolidation  and  compulsory  purchase  as  well  as  wine-growing  experiments  has 
proved not to unduly disturb the wine market and should therefore be continued subject 
to the necessary controls.  

(57)  Replanting rights should continue to be awarded where producers undertake to grub up 
equivalent  areas  planted  with  vines  as  the  net  effect  of  such  plantings  on  production 
tends to be nil. 

(58)  Furthermore,  it  should  be  possible  for  Member  States  to  authorise  the  transfer  of 
replanting rights to another holding, subject to strict controls, provided that this transfer 
is in pursuit of quality, concerns the areas intended for graft nurseries or is connected 
with the transfer of part of the holding. These transfers should be maintained within the 
same Member State. 

(59) 

In  order  to  improve  the  management  of  wine-growing  potential  and  to  promote  the 
efficient use of planting rights and thus to further mitigate the effect of the transitional 
restriction on plantings, the systems of national or regional reserves should continue to 
exist. 

(60)  Member States should keep 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 with 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  continue  to  be  allowed  not  to  apply  the  reserve  system, 
provided  that  they  can  prove  that  they  already  have  an  efficient  system  of  managing 
planting rights. 

(61)  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,  and  such  producers  should  therefore  be  eligible  for  the  grant  of  rights 
from the reserves free of charge. 

(62)  To  ensure  that  resources  are  used  in  the  most  efficient  manner  and  to  better  align 
supply  with  demand,  planting  rights  should  be  used  by  their  holders  within  a 
reasonable  time.  Failing  that,  they  should  be  allocated  or  reallocated  to  the  reserves. 
For  the  same  reasons,  rights  in  the  reserves  should  be  awarded  within  a  reasonable 
time. 

(63)  Production  in  Member  States  where  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 transitional prohibition on new plantings but should also 
not have access to the grubbing-up scheme. 

(64)  As  a  further  accompanying  measure  aimed  at  creating  a  sector  which  is  attuned  to 
market  conditions  a  grubbing-up  scheme  should  be  introduced.  Where  producers 
consider  that  the  conditions  in  certain  areas  are  not  conducive  to  viable  production, 
they  should  be  given  the  option  of  cutting  their  costs  and  permanently  withdrawing 
these  areas  from  wine  production  and  should  be  enabled  either  to  pursue  alternative 

EN 

20 

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activities  on  the  relevant  parcels  of  land  or  to  retire  from  agricultural  production 
altogether.  

(65)  Experience has shown that to leave it to Member States to allow grubbing-up against 
payment of a premium risks rendering the measure and the attendant effects on supply 
ineffective. Therefore, in contrast to the current regime, producers should generally be 
eligible for entering the grubbing-up scheme and have the sole right to decide whether 
to apply. In return, they should be granted a premium per hectare of grubbed up vines.  

(66)  Member  States  should  be  able  to  fix,  on  the  basis  of  objective  criteria,  the  specific 
levels  of  the  grubbing-up  premium  within  certain  scales  determined  by  the 
Commission. 

(67) 

In order to guarantee the responsible treatment of the grubbed-up areas, entitlement to 
the premium should be dependent on compliance by the producers concerned with the 
applicable environmental rules. Where non-compliance is  detected it  should  give rise 
to a commensurate reduction of the grubbing-up premium. 

(68)  To avoid environmental problems, Member States should be able to exclude grubbing-
up  in  mountain  and  steep  slope  areas  and  in  case  of  environmental  concerns  in 
accordance  with  specific  conditions.  Member  States  should  be  able  to  discontinue 
grubbing-up  where  the  total  grubbed-up  area  has  reached  10%  of  their  areas  planted 
with vines. 

(69)  The agricultural area formerly used for vine growing, once grubbed up, should qualify 
as  an  eligible  area  under  the  Single  Payment  Scheme  and  be  granted  the  average 
regional  decoupled  direct  payment  which  for  budgetary  reasons,  should  not  exceed 
EUR 350/ha.  

(70)  The  proper  working  of  the  single  market  would  be  jeopardised  by  the  granting  of 
national aids. The provisions of the Treaty governing State aids should therefore apply 
to  the  products  covered  by  the  common  market  organisation  for  wine.  However,  the 
provisions  on  the  grubbing-up  premium  and  certain  measures  under  the  support 
programmes  should  not  by  themselves  preclude  the  granting  of  national  aid  for  the 
same purposes. 

(71)  For a better management of wine-growing potential, it is desirable that Member States 
communicate  to  the  Commission  an  inventory  of  their  production  potential.  This 
information should be based on the existing vineyard register. To encourage Member 
States to communicate the inventory, support for restructuring and conversion should 
be limited to those Member States which have communicated the inventory.  

(72)  So  that  the  information  necessary  for  making  the  relevant  policy  and  administrative 
choices is available, producers of grapes for wine making, of must and of wine should 
submit  harvest  declarations.  Member  States  should  be  able  to  require  merchants  of 
grapes  for  winemaking  to  declare  each  year  the  quantities  marketed  from  the  latest 
harvest. Producers of must and wine, and merchants other than retailers, should declare 
their stocks of must and wine. 

(73) 

In order to provide for a satisfactory level of traceability of the products concerned, in 
particular in the interest of consumer protection, provision should be made for all the 

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products  covered  by  this  Regulation  to  have  an  accompanying  document  when 
circulating within the Community. 

(74)  The  measures  necessary  for  implementing  of  this  Regulation  should  be  adopted  in 
accordance  with  Council  Decision  1999/468/EC  of  28  June  1999  laying  down  the 
procedures for the exercise of implementing powers conferred on the Commission15.  

(75)  Expenditure incurred by the Member States as a result of the obligations arising from 
the application of this Regulation should be financed by the Community in accordance 
with Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the 
common agricultural policy16. 

(76)  The  Member  States  and  the  Commission  should  keep  each  other  supplied  with  the 

information necessary for applying this Regulation.  

(77)  To guarantee compliance with the obligations laid down by this Regulation there is a 
need for controls and the application of penalties in the event of non-compliance with 
such  obligations.  The  power  to  set  up  the  corresponding  rules  including  those 
concerning  the  recovery  of  undue  payments  and  the  reporting  obligations  of  the 
Member States, should therefore be conferred on the Commission. 

(78)  Member  States’  authorities  should  be  responsible  for  ensuring  compliance  with  this 
Regulation  and  arrangements  should  be  made  so  that  the  Commission  is  able  to 
monitor and ensure such compliance.  

(79)  To  make  provision  for  the  incorporation  of  the  wine  sector  into  the  Single  Payment 
Scheme,  all  actively  cultivated  wine-growing  areas  should  be  made  eligible  for  the 
Single  Payment  Scheme  provided  for  in  Council  Regulation  (EC)  No 1782/2003  of 
29 September  2003  establishing  common  rules  for  direct  support  schemes  under  the 
common agricultural policy and establishing certain support schemes for farmers17. 

(80)  Wine  growers  in  Bulgaria,  the  Czech  Republic,  Estonia,  Cyprus,  Latvia,  Lithuania, 
Hungary,  Malta,  Poland,  Romania,  Slovenia  and  Slovakia  should  benefit  from  the 
introduction  of  the  wine  component  in  the  Single  Payment  Scheme  under  the  same 
conditions  as  wine  growers  in  the  Community  as  constituted  at  30 April  2004. 
Therefore, the wine component in the Single Payment Scheme should not be subject to 
the  application  of  the  schedule  of  increments  provided  for  in  Article 143a  of 
Regulation (EC) No 1782/2003. 

(81)  Council Regulations (EC) No 2702/1999 of 14 December 1999 on measures to provide 
information  on,  and  to  promote,  agricultural  products  in  third  countries18,  Council 
Regulation  (EC)  No 2826/2000  of  19 December  2000  on  information  and  promotion 

15 

16 

17 

18 

OJ  L  184,  17.7.1999,  p. 23.  Decision  as  amended  by  Decision  2006/512/EC  (OJ  L  200,  22.7.2006, 
p. 11). 
OJ  L  209,  11.8.2005,  p. 1.  Regulation  as  last  amended  by  Regulation  (EC)  No  378/2007  (OJ  L  95, 
5.4.2007, p. 1). 
OJ L 270, 21.10.2003, p. 1. Regulation as last amended by Regulation (EC) No 2013/2006 (OJ L 384, 
29.12.2006, p. 13). 
OJ  L  327,  21.12.1999,  p. 7.  Regulation  as  amended  by  Regulation  (EC)  No  2060/2004  (OJ  L  357, 
2.12.2004, p. 3). 

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actions  for  agricultural  products  on  the  internal  market19  and  Regulation  (EC) 
No 1782/2003 should be amended accordingly. 

(82)  The  change  from  the  arrangements  in  Regulation  (EC)  No 1493/1999  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  Commission  to  adopt  the  necessary  transitional 
measures.  The  Commission  should  also  be  authorised  to  solve  specific  practical 
problems, 

HAS ADOPTED THIS REGULATION: 

TITLE I 
INTRODUCTORY PROVISIONS 

Article 1 
Subject matter and scope 

1. 

This Regulation lays down specific rules applying to the production and marketing of 
the following products: 

CN code 

Description 

0806 10 90 

Fresh grapes other than table grapes 

2009 61 
2009 69 

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

2204 

2206 00 10 

2209 00 11 

2209 00 19 

2307 00 11 

2307 00 19 

2308 90 11 

2308 90 19 

Grape juice (including grape must) 

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

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 

Piquette 

Wine vinegar 

Wine lees 

Grape marc 

2. 

Concerning the products referred to in paragraph 1, this Regulation provides for: 

(a) 

support measures, 

(b) 

regulatory measures, 

(c) 

rules on trade with third countries, 

19 

OJ L 328, 23.12.2000, p. 2. Regulation as amended by Regulation (EC) No 2060/2004. 

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(d) 

rules governing production potential. 

Article 2 
Definitions 

For the purposes of this Regulation, the definitions laid down in Annex I shall apply. 

TITLE II 
SUPPORT MEASURES 

Chapter I 
Support programmes 

SECTION 1 
INTRODUCTORY PROVISIONS 

Article 3 
Scope 

This  Chapter  lays  down  the  rules  governing  the  attribution  of  Community  funds  to  Member 
States  and  the  use  of  those  funds  by  Member  States  through  national  support  programmes 
(hereinafter  “support  programmes”)  to  finance  specific  support  measures  to  assist  the  wine 
sector. 

Article 4 
Compatibility and consistency 

1. 

2. 

Support programmes shall comply with Community law and shall be consistent with 
the activities, policies and priorities of the Community. 

Member States shall be responsible for the support programmes and ensure that they 
are  drawn  up  and  implemented  in  an  objective  manner,  taking  into  account  the 
economic  situation  of  the  producers  concerned  and  the  need  to  avoid  unjustified 
unequal treatment between producers. 

3. 

No support shall be granted: 

(a) 

for research projects and measures to support research projects; 

(b) 

for measures covered by Regulation (EC) No 1698/2005. 

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SECTION 2 
SUPPORT PROGRAMMES 

Article 5 
Submission of support programmes 

1. 

Each  producer  Member  State  referred  to  in  Annex  II  shall,  for  the  first  time  by  30 
April  2008,  submit  to  the  Commission  a  draft  five-year  support  programme 
containing measures in accordance with this Chapter. 

The support measures shall be drawn up at the geographical level which the Member 
States deem most appropriate. Before being submitted to the Commission the support 
programme  shall  be  subject  to  consultation  with  the  competent  authorities  and 
organisations at the appropriate territorial level. 

Each  Member  State  shall  submit  one  single  draft  programme  which  may 
accommodate regional particularities. 

2. 

Support programmes shall become applicable three months after their submission to 
the Commission.  

However, if the submitted programme does not comply with the conditions laid down 
in this Chapter, the Commission shall inform the Member State thereof. In such case, 
the Member State shall submit a revised programme to the Commission. The revised 
programme  shall  become  applicable  two  months  after  its  notification  unless  an 
incompatibility persists in which case this subparagraph shall apply. 

3. 

Paragraph  2  shall  apply  mutatis  mutandis  to  changes  in  respect  of  support 
programmes submitted by Member States. 

Article 6 
Content of support programmes 

Support programmes shall consist of the following elements: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

a detailed description of the measures proposed as well as their quantified objectives; 

the results of consultations held; 

an  appraisal  showing  the  expected  technical,  economic,  environmental  and  social 
impact;  

a schedule for implementing the measures; 

a  general  financing  table  showing  the  resources  to  be  deployed  and  the  envisaged 
indicative  allocation  of  the  resources  between  the  measures  in  accordance  with 
ceilings provided for in Annex II; 

proof  of  compatibility  and  consistency  between  the  various  measures  of  the 
programme; 

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25 

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(g) 

(h) 

(i) 

(j) 

the  criteria  and  quantitative  indicators  to  be  used  for  monitoring  and  evaluation  as 
well as the steps taken to ensure that the programmes are implemented appropriately 
and effectively; 

the  criteria  and  indicators  to  be  used  for  verifying  that  the  support  programmes  are 
submitted and implemented in an objective manner, taking into account the economic 
situation  of  the  producers  concerned  and  the  need  to  avoid  unjustified  unequal 
treatment between producers; 

the provisions for checks and penalties; 

the designation of competent authorities and bodies responsible for implementing the 
programme. 

Article 7 
Eligible measures 

Support  programmes  shall  contain  measures  of  promotion  on  third-country  markets  in 
accordance with Article 9. 

They shall also contain at least one of the following measures: 

(a) 

(b) 

(c) 

(d) 

1. 

2. 

3. 

4. 

restructuring and conversion of vineyards; 

green harvesting; 

mutual funds; 

harvest insurance. 

Article 8 
General rules concerning support programmes 

The allocation of the available Community funds as well as the budgetary limits are 
provided in Annex II. 

Community  support  shall  only  relate  to  eligible  expenditure  incurred  after  the 
submission of the relevant support programme as referred to in Article 5(1). 

Member  States  shall  not  contribute  to  the  costs  of  measures  (co-)financed  by  the 
Community under the support programmes.  

By  way  of  derogation  from  paragraph  3,  Member  States  may  grant  national  aid  in 
accordance with the relevant Community rules on State aid for the measures referred 
to in Articles 9 and 13. 

The  maximum  aid  rate  as  laid  down  in  the  relevant  Community  rules  on  State  aids 
shall  apply  to  the  global  public  (co-)financing  including  both  Community  and 
national funds. 

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26 

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SECTION 3 
SPECIFIC SUPPORT MEASURES 

Article 9 
Promotion on third-country markets 

1. 

2. 

Support under this Article shall cover information or promotion measures concerning 
Community  wines  in  third  countries,  thereby  improving  their  competitiveness  in 
those countries. 

The  measures  referred  to  in  paragraph  1  shall  relate  to  wines  with  a  protected 
designation  of  origin  or  geographical  indication  or  wines  with  an  indication  of  the 
wine grape variety. 

3. 

The measures referred to in paragraph 1 may consist of:  

(a) 

public  relations,  promotional  or  publicity  measures,  in  particular  highlighting 
the advantages of the Community products, especially in terms of quality, food 
safety or environmental friendliness;  

(b)  participation at events, fairs or exhibitions of international importance;  

(c) 

information  campaigns,  in  particular  on  the  Community  systems  covering 
designations of origin, geographical indications and organic production;  

(d) 

studies of new markets, necessary for the expansion of market outlets; 

(e) 

studies to evaluate the results of the promotional and information measures. 

The  Community  contribution  to  promotion  activities  shall  not  exceed  50%  of  the 
eligible expenditure. 

Member States shall reserve at least the Community funds laid down in Annex II for 
the  promotion  measure  on  third-country  markets.  Funds  thus  reserved  shall  not  be 
available for other measures. 

Article 10 
Restructuring and conversion of vineyards 

The  objective  of  measures  relating  to  the  restructuring  and  conversion  of  vineyards 
shall be to increase the competitiveness of wine producers. 

Restructuring and conversion of vineyards shall be supported in accordance with this 
Article  only  if  Member  States  submit  the  inventory  of  their  production  potential  in 
accordance with Article 100. 

Support for restructuring and conversion of vineyards may cover one or more of the 
following activities: 

(a) 

varietal conversion, including by means of grafting-on; 

(b) 

relocation of vineyards; 

4. 

5. 

1. 

2. 

3. 

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27 

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(c) 

improvements to vineyard management techniques. 

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

4. 

Support for restructuring and conversion of vineyards shall take the following forms: 

(a) 

compensation of producers for the loss of revenue due to the implementation of 
the measure; 

(b) 

contribution to the costs of restructuring and conversion. 

5. 

Compensation  of  producers  for  the  loss  of  revenue  as  referred  to  in  paragraph 4(a) 
may cover up to 100% of the relevant loss and take either of the following forms: 

(a) 

notwithstanding the provisions of Chapter II of Title V, the permission for the 
co-existence  of  both  old  and  new  vines  for  a  fixed  period  which  shall  not 
exceed three years, until the end of the transitional regime concerning planting 
rights, that is 31 December 2013, at the latest; 

(b) 

financial compensation. 

6. 

1. 

2. 

3. 

4. 

The  Community  contribution  to  the  actual  costs  of  restructuring  and  conversion  of 
vineyards  shall  not  exceed  50%.  In  regions  classified  as  convergence  regions  in 
accordance with Regulation (EC) No 1083/2006, the Community contribution to the 
costs of restructuring and conversion shall not exceed 75%. 

Article 11 
Green harvesting 

For  the  purposes  of  this  Article,  green  harvesting  means  the  total  destruction  or 
removal  of  grape  bunches  while  still  in  their  immature  stage,  thereby  reducing  the 
yield of the relevant parcel to zero. 

Support  for  green  harvesting  shall  contribute  to  restoring  the  balance  of  supply  and 
demand in the market in wine in the Community in order to prevent market crises. 

Support  for  green  harvesting  may  be  granted  as  compensation  in  the  form  of  a  flat 
rate payment per hectare to be determined by the Member State concerned. 

The payment shall not exceed 50% of the sum of the direct costs of the destruction or 
removal  of  grape  bunches  and  the  loss  of  revenue  related  to  the  destruction  or 
removal of grape bunches. 

Member  States  concerned  shall  establish  a  system  based  on  objective  criteria  to 
ensure that the green harvesting measure does not lead to compensation of individual 
wine  producers  in  excess  of  the  ceilings  referred  to  in  the  second  subparagraph  of 
paragraph 3. 

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Article 12 
Mutual funds 

1. 

2. 

1. 

2. 

3. 

Support  for  the  setting-up  of  mutual  funds  shall  provide  assistance  to  producers 
seeking to insure themselves against market fluctuations.  

Support for the setting-up of mutual funds may be granted in the form of temporary 
and degressive aid to cover the administrative costs of the funds.  

Article 13 
Harvest insurance 

Support  for  harvest  insurance  shall  contribute  to  safeguarding  producers’  incomes 
where  these  are  affected  by  natural  disasters,  climatic  events,  diseases  or  pest 
infestations. 

Support for harvest insurance may be granted in the form of a financial Community 
contribution which must not exceed: 

(a) 

80% of the cost of the insurance premiums paid for by producers for insurance 
against losses as a result of climatic events which can be assimilated to natural 
disasters; 

(b)  50% of the cost of the insurance premiums paid for by producers for insurance 

against:  

– 

– 

losses referred to in point (a) and against other losses caused by climatic 
events; 

losses caused by animal or plant diseases or pest infestations. 

Support  for  harvest  insurance  may  only  be  granted  if  the  insurance  payments 
concerned  do  not  compensate  producers  for  more  than  100%  of  the  income  loss 
suffered,  taking  into  account  any  compensation  the  producers  obtain  from  other 
support schemes related to the insured risk. 

4. 

Support for harvest insurance shall not distort competition in the insurance market. 

Article 14 
Cross-compliance 

Where farmers are found to not have complied on their holding, at any time during five years 
from payment under the support programmes for restructuring and conversion or at any time 
during one year from payment under  the support programmes  for green harvesting, with the 
statutory  management  requirements  and  the  good  agricultural  and  environmental  condition 
referred  to  in  Articles  3  to  7  of  Regulation  (EC)  No 1782/2003,  the  amount  of  the  payment 
shall,  where  non-compliance  is  the  result  of  an  action  or  omission  directly  imputable  to  the 
farmer,  be  reduced  or  cancelled,  partially  or  wholly  depending  on  the  severity,  extent, 
permanence and repetition of the non-compliance, and the farmer shall, where applicable, be 
ordered to reimburse it in accordance with the conditions set out in the said provisions. 

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Rules  shall  be  determined  in  accordance  with  the  procedure  referred  to  in  Article 144(2)  of 
Regulation  (EC)  No 1782/2003  as  regards  partial  or  whole  reduction  or  recovery  of  the 
support by the Member State concerned. 

SECTION 4 
GENERAL PROVISIONS 

Article 15 
Reporting and evaluation 

1. 

2. 

Each year, Member States shall submit to the Commission not later than 1 March a 
report  on  the  implementation  of  the  measures  provided  for  in  their  support 
programmes during the previous year. 

Those  reports  shall  list  and  describe  the  measures  for  which  Community  assistance 
under the support programmes was granted and shall in particular provide details on 
the implementation of the promotion measure referred to in Article 9. 

Member  States  shall  submit  to  the  Commission  not  later  than  1 March  2011  and,  a 
second time, not later than 1 March 2014 an evaluation of the costs and benefits of 
the support programmes as well as an indication of how to increase their efficiency. 

The  Commission  shall,  by  31  December  2011  at  the  latest,  submit  a  report  to  the 
European  Parliament  and  the  Council  on  the  implementation  of  the  promotion 
measure referred to in Article 9. 

Article 16 
Implementing rules 

Detailed rules for the implementation of this Chapter shall be adopted in accordance with the 
procedure referred to in Article 104(1). 

Those rules may in particular include: 

(a) 

(b) 

(c) 

(d) 

the format of presentation of the support programmes; 

rules concerning changes to support programmes after they have become applicable; 

detailed rules for the implementation of the measures provided for in Articles 9 to 13; 

the  conditions  under  which  assistance  through  Community  funds  is  to  be 
communicated and publicised; 

(e) 

details on reporting. 

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Chapter II 
Financial transfer 

Article 17 
Financial transfer to rural development 

1. 

As from the budget year 2009, the amounts fixed in paragraph 2, based on historical 
expenditure  under  Regulation  (EC)  No 1493/1999  for  intervention  to  regulate 
in  Article 3(1)(b)  of  Regulation  (EC) 
agricultural  markets  as  referred 
No 1290/2005,  shall  be  available  as  additional  Community  funds  for  measures  in 
wine-producing  regions  under  the  rural  development  programming  financed  under 
Regulation (EC) No 1698/2005. 

to 

2. 

The following amounts shall be available in the given calendar years: 

– 

– 

– 

– 

– 

– 

2009: EUR 100 million, 

2010: EUR 150 million, 

2011: EUR 250 million, 

2012: EUR 300 million, 

2013: EUR 350 million, 

from 2014 onwards: EUR 400 million. 

3. 

The  amounts  set  in  paragraph  2  shall  be  allocated  among  Member  States  in 
accordance with Annex III.  

TITLE III 
REGULATORY MEASURES 

Chapter I 
General rules 

Article 18 
Classification of wine grape varieties 

1. 

Member States shall classify which wine grape varieties may be planted, replanted or 
grafted on their territories. 

The  classified  varieties  shall  belong  to  the  Vitis  vinifera  or  come  from  a  cross 
between this species and other species of the genus Vitis. 

2. 

Member States shall not classify the following wine grape varieties: 

(a)  Noah; 

(b)  Othello; 

(c) 

Isabelle; 

(d) 

Jacquez; 

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31 

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(e)  Clinton; 

(f)  Herbemont. 

3. 

4. 

5. 

6. 

1. 

2. 

3. 

The planting, replanting or grafting of non-classified wine grape varieties shall only 
be allowed for scientific research and experimental purposes. 

Existing areas planted with non-classified wine grape  varieties  shall be grubbed up, 
save where the production of these areas is intended exclusively for the consumption 
by the wine producer’s family. 

Member States shall take the necessary measures to check compliance by producers 
with paragraphs 3 and 4. 

Where wine grape varieties are deleted from the classification, grubbing-up of these 
varieties shall take place within 15 years of their deletion.  

Article 19 
Production and marketing 

Products listed in Annex IV and produced in the Community shall be made from wine 
grapes  of  the  varieties  listed  in  the  classifications  drawn  up  by  Member  States  in 
accordance with the first subparagraph of Article 18(1).  

A designation for a category of a grapevine product as provided for in Annex IV may 
only be used in the Community for the marketing of a product which conforms to the 
corresponding conditions laid down in that Annex.  

The  Commission  may  decide  to  add  categories  of  grapevine  products  to  the  ones 
listed in Annex IV. 

Except  for  bottled  wine  in  respect  of  which  there  is  evidence  that  bottling  was 
performed prior to 1 September 1971, wine produced from wine grape varieties listed 
in  the  classifications  drawn  up  in  accordance  with  the  first  subparagraph  of 
Article 18(1) but not conforming to one of the categories laid down in Annex IV shall 
be  used  only  for  consumption  by  individual  wine  producers’  families,  for  the 
production of wine vinegar or for distillation.  

Chapter II 
Oenological practices and restrictions 

Article 20 
Scope 

This Chapter lays down the authorised oenological practices and the applicable restrictions as 
well  as  the  procedure  whereby  the  Commission  may  decide  on  practices  and  restrictions 
applying to the production and commercialisation of products covered by this Regulation. 

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Article 21 
Oenological practices and restrictions 

1. 

Only  oenological  practices  authorised  under  Community  law  shall  be  used  in  the 
production in the Community of products covered by this Regulation. 

The first subparagraph shall not apply to: 

(a) 

grape juice and concentrated grape juice; 

2. 

3. 

4. 

5. 

(b)  grape must and concentrated grape must intended for the preparation of grape 

juice.  

Authorised  oenological  practices  shall  only  be  used  for  the  purposes  of  ensuring 
proper vinification, proper preservation or proper refinement of the product.  

Products  covered  by  this  Regulation  shall  be  produced  in  the  Community  in 
accordance with the relevant restrictions laid down in Annex VI.  

Products covered by this Regulation, which have undergone unauthorised Community 
or, where applicable, unauthorised national oenological practices or which contravene 
the restrictions laid down in Annex VI, shall not be marketed in the Community.  

However,  the  oenological  practices  and  restrictions  recognised  by  the  International 
Organisation  of  Vine  and  Wine  (OIV),  and  not  the  authorised  Community 
oenological  practices  and  restrictions,  shall  apply  to  products  covered  by  this 
Regulation which are produced for export. 

Producers  shall  report  such  production  to  Member  States,  which  shall  check 
compliance with the export requirement. 

Article 22 
Stricter oenological practices decided by Member States 

Member  States  may  limit  or  exclude  the  use  of  certain  oenological  practices  for  wines 
authorised  under  Community  law  produced  in  their  territory  with  a  view  to  reinforcing  the 
preservation of the essential characteristics of wines with a protected designation of origin or 
protected geographical indication and of sparkling wines and liqueur wines.  

Member States shall communicate those limitations and exclusions to the Commission, which 
shall bring them to the attention of the other Member States.  

Article 23 
Authorisation of oenological practices and restrictions 

1. 

Except  for  the  oenological  practices  concerning  enrichment,  acidification  and 
de-acidification  listed  in  Annex  V  and  the  restrictions  listed  in  Annex  VI,  the 
authorisation  of  oenological  practices  and  restrictions  as  regards  the  production  and 
conservation  of  products  covered  by  this  Regulation  shall  be  decided in accordance 
with the procedure referred to in Article 104(1). 

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2. 

Member States may allow the experimental use of unauthorised oenological practices 
under  conditions  to  be  determined  in  accordance  with  the  procedure  referred  to  in 
Article 104(1). 

Article 24 
Authorisation criteria 

When  authorising  oenological  practices  in  accordance  with  the  procedure  referred  to  in 
Article 104(1), the Commission shall: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

base itself on the oenological practises recognised by the OIV as well as on the results 
of experimental use of as of yet unauthorised oenological practices; 

take into account the protection of human health; 

take  into  account  possible  risks  of  consumers  being  misled  due  to  their  established 
expectations  and  perceptions,  having  regard  to  the  availability  and  feasibility  of 
informational means to exclude such risks; 

allow the preservation of the natural and essential characteristics of the wine and not 
cause a substantial change in the composition of the product concerned; 

ensure an acceptable minimum level of environmental care; 

respect the general rules concerning oenological practices and restrictions laid down 
respectively in Annexes III and IV. 

Article 25 
Methods of analysis 

The  methods  of  analysis  for  determining  the  composition  of  the  products  covered  by  this 
Regulation  and  the  rules  whereby  it  may  be  established  whether  these  products  have 
undergone processes contrary to the authorised oenological practices shall be those recognised 
and published by the OIV. Where there are no methods and rules recognised by the OIV, and 
where  no  relevant  Community  methods  and  rules  exist,  such  methods  and  rules  shall  be 
adopted in accordance with the procedure referred to in Article 104(1). 

Article 26 
Implementing rules 

Detailed rules for the implementation of this Chapter and Annexes III and IV shall be adopted 
in accordance with the procedure referred to in Article 104(1). 

Those rules may in particular include: 

(a) 

(b) 

(c) 

authorised oenological practices and restrictions concerning sparkling wines; 

authorised oenological practices and restrictions concerning liqueur wines; 

subject  to  point  C  of  Annex  VI,  provisions  regulating  the  blending  and  coupage  of 
musts and wines;  

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34 

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(d) 

(e) 

(f) 

(g) 

where  Community  rules  on  that  matter  do  not  exist,  the  purity  and  identification 
specification of substances used in oenological practices; 

administrative rules for carrying out the oenological practices authorised; 

the  conditions  governing  the  holding,  circulation  and  the  use  of  products  not 
complying  with  Article 21  and  possible  exemptions  from  the  requirements  of  that 
Article, as well as the establishment of criteria for the purpose of avoiding hardship in 
individual cases; 

the conditions under which Member States may authorise the holding, circulation and 
use  of  products  not  complying  with  this  Chapter  other  than  Article 21,  or  with 
provisions implementing this Chapter. 

Chapter III 
Designations of origin and geographical indications 

SECTION 1 
SCOPE AND DEFINITIONS 

Article 27 
Designations of origin and geographical indications 

1. 

For the purposes of this Regulation, the following definitions shall apply: 

(a) 

"designation  of  origin”  means  the  name  of  a  region,  a  specific  place  or,  in 
exceptional cases, a country used to describe a wine, a liqueur wine, a sparkling 
wine,  an  aerated  sparkling  wine,  a  semi  sparkling  wine  or  a  wine  of  overripe 
grapes that complies with the following requirements: 

(i) 

its  quality  and  characteristics  are  essentially  or  exclusively  due  to  a 
particular geographical environment with its inherent natural and human 
factors; 

(ii) 

the  grapes  from  which  it  is  produced  come  exclusively  from  this 
geographical area; 

(iii) 

it is obtained from vine varieties belonging to Vitis vinifera. 

(b) 

“geographical indication” means an  indication referring to a region, a specific 
place  or,  in  exceptional  cases,  a  country,  used  to  describe  a  wine,  a  liqueur 
wine, a sparkling wine, an aerated sparkling wine, a semi sparkling wine or a 
wine of overripe grapes which complies with the following requirements: 

(i) 

its  quality,  characteristics  or  reputation  are  essentially  attributable  to  its 
geographical origin; 

(ii) 

at least 85% of the grapes used for its production come exclusively from 
this geographical area; 

(iii) 

it  is  obtained  from  vine  varieties  belonging  to  Vitis  vinifera  or  a  cross 
between the Vitis vinifera species and other species of the genus Vitis.  

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35 

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2. 

Traditional names shall be considered as a designation of origin where they: 

(a) 

designate a wine; 

(b) 

refer to a geographical name; 

(c) 

fulfil the conditions referred to in points (i) to (iii) of paragraph 1(a). 

3. 

Designations  of  origin  and  geographical  indications,  including  those  relating  to 
geographical  areas  in  third  countries,  shall  be  eligible  for  protection  in  the 
Community in accordance with the rules laid down in this Chapter. 

SECTION 2 
APPLICATION FOR PROTECTION 

Article 28 
Content of applications for protection 

1. 

Applications  for  protection  of  names  as  designations  of  origin  or  geographical 
indications shall include a technical file containing: 

(a) 

the name to be protected; 

(b) 

the name and address of the applicant; 

(c) 

a product specification as referred to in paragraph 2; 

(d) 

a  single  document  summarising  the  product  specification  referred  to  in 
paragraph 2. 

2. 

The  product  specification  shall  enable  interested  parties  to  verify  the  relevant 
conditions of production of the designation of origin or geographical indication. 

It shall consist of: 

(a) 

a  description  of  the  wine  and  its  principal  physical,  chemical,  microbiological 
and organoleptic characteristics;  

(b)  where applicable, the specific oenological practices used to make the wine; 

(c) 

the demarcation of the geographical area concerned; 

(d) 

the maximum yields per hectare; 

(e) 

an indication of the vine variety or varieties the wine is obtained from; 

(f) 

(g) 

the  details  bearing  out  the  link  with  the  quality,  the  reputation  or  the 
characteristics and the geographical environment or the geographical origin; 

applicable  requirements  laid  down  by  Community,  national  or,  where 
applicable,  inter-branch  organisations’  provisions,  which  shall  in  any  case  be 
compatible with Community law in general; 

(h) 

the name and address of the authorities or bodies verifying compliance with the 
provisions of the product specification and their specific tasks. 

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Article 29 
Application for protection relating to a geographical area in a third country 

Where the application for protection concerns a geographical area in a third country, 
it  shall  contain  in  addition  to  the  elements  provided  for  in  Article 28  proof  that  the 
name in question is protected in its country of origin. 

The application shall be sent to the Commission, either directly from the applicant or 
via the authorities of the third country concerned. 

The  application  for  protection  shall  be  filed  in  one  of  the  official  languages  of  the 
Community or accompanied by a certified translation into one of those languages. 

Article 30 
Applicants 

Any  interested  group  of  producers,  or  in  exceptional  cases  a  single  producer,  may 
apply  for the  protection of  a designation of origin or geographical indication. Other 
interested parties may participate in the application. 

Producers may lodge an application for protection only for wines which they produce. 

In  the  case  of  a  name  designating  a  trans-border  geographical  area  or  a  traditional 
name  connected  to  a  trans-border  geographical  area,  a  joint  application  may  be 
lodged. 

SECTION 3 
PROCEDURE CONFERRING PROTECTION 

Article 31 
Preliminary national procedure 

Applications for protection of a designation of origin or a geographical indication of 
wines in accordance with Article 27 originating in the Community shall be subject to 
a preliminary national procedure in accordance with this Article. 

The application for protection shall be filed with the Member State in which territory 
the designation of origin or geographical indication originates.  

The Member State shall examine the application for protection as to whether it meets 
the conditions set out in this Chapter. 

The Member State shall carry out a national procedure ensuring adequate publication 
of the application and providing for a period of at least two months from the date of 
publication within which any natural or legal person having a legitimate interest and 
established  or  resident  on  its  territory  may  object  to  the  proposed  protection  by 
lodging a duly substantiated statement with the Member State. 

If  the  Member  State  considers  that  the  designation  of  origin  or  geographical 
indication does not meet the relevant requirements, including the eventuality that it is 
incompatible with Community law in general, it shall reject the application. 

1. 

2. 

3. 

1. 

2. 

3. 

1. 

2. 

3. 

4. 

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37 

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5. 

6. 

7. 

8. 

9. 

1. 

2. 

3. 

If the Member State considers that the relevant requirements are met, it shall take a 
favourable decision by which it may provide for transitional national protection with 
effect  from  the  date  on  which  an  application  for  protection  is  lodged  with  the 
Commission  in  accordance  with  paragraph  7.  The  Member  State  shall  publish  the 
single document and the product specification on the Internet. 

The Member State shall ensure that the decisions referred to in paragraphs 5 are made 
public and that any natural or legal person in the Member State having a legitimate 
interest has a means of appeal. 

In respect of any favourable decision as referred to in paragraph 5, the Member States 
concerned shall forward to the Commission an application for protection containing: 

(a) 

the name and address of the applicant; 

(b) 

the single document referred to in Article 28(1)(d); 

(c) 

a declaration by the Member State that it considers that the application lodged 
by the applicant meets the conditions of this Regulation; 

(d) 

the reference of publication referred to in paragraph 6. 

These  documents  shall  be  forwarded  in  one  of  the  official  languages  of  the 
institutions of the European Union or accompanied by a certified translation into one 
of those languages. 

The transitional national protection referred to in paragraph 5 shall cease on the date 
on which the Commission takes a decision pursuant to Article 34. 

Member  States  shall  introduce  the  laws,  regulations  or  administrative  provisions 
necessary to comply with this Article not later than 1 August 2009. 

Article 32 
Scrutiny by the Commission 

The Commission shall make the date of submission of the application for protection 
of the designation of origin or geographical indication public. 

The Commission shall examine whether the applications for protection referred to in 
Article 31(7) meet the conditions laid down in this Chapter.  

Where  the  Commission  considers  that  the  conditions  laid  down  in  this  Chapter  are 
met,  it  shall  publish  in  the  Official  Journal  of  the  European  Union  the  single 
document  referred  to  in  Article 28(1)(d)  and  the  reference  to  the  publication  of  the 
product specification referred to in Article 31(5). 

Where  this  is  not  the  case,  it  shall  be  decided,  in  accordance  with  the  procedure 
referred to in Article 104(1), to reject the application. 

EN 

38 

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Article 33 
Objection procedure 

Within  two  months  from  the  date  of  publication  provided  for  in  the  first  subparagraph  of 
Article 32(3),  any  Member  State  or  third  country,  or  any  natural  or  legal  person  having  a 
legitimate interest, established or resident in a Member State other than that applying for the 
protection  or  in  a  third  country,  may  object  to  the  proposed  protection  by  lodging  a  duly 
substantiated statement with the Commission.  

In the case of natural or legal persons established or resident in a third country, such statement 
shall be lodged, either directly or via the authorities of the third country concerned, within the 
time limit of two months referred to in the first paragraph. 

Article 34 
Decision on protection 

On the basis of the information available to the Commission, it shall be decided, in accordance 
with the procedure referred to in Article 104(1), to either confer protection on the designation 
of origin or geographical indication which meets the conditions laid down in this Chapter and 
is  in  general  compatible  with  Community  law,  or  to  reject  the  application  where  those 
conditions are not satisfied. 

SECTION 4 
SPECIFIC CASES 

Article 35 
Homonyms 

1. 

2. 

A name which is homonymous with a protected designation of origin or geographical 
indication  shall  be  eligible  for  protection  as  a  designation  of  origin  or  geographical 
indication, provided it is sufficiently differentiated from the protected name so as to 
ensure that consumers are not misled as to the true geographical origin of the wines in 
question. 

Save  as  otherwise  provided  for  in  Commission  implementing  rules,  where  a  wine 
grape variety contains or consists of a protected designation of origin or geographical 
indication  the  name  of  the  wine  grape  variety  shall  not  be  used  for  purposes  of 
labelling the products covered by this Regulation. 

Article 36 
Grounds for refusal of protection 

1. 

Names that have become generic shall not be protected as a designation of origin or 
geographical indication.  

For  the  purposes  of  this  Regulation,  a  ”name  that  has  become  generic“  means  the 
name of a wine which, although it relates to the place or the region where this product 
was originally produced or marketed, has become the common name of a wine in the 
Community. 

EN 

39 

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2. 

1. 

2. 

To establish whether or not a name has become generic, account shall be taken of all 
relevant factors, in particular: 

(a) 

the existing situation in the Community, notably in areas of consumption; 

(b) 

the relevant national or Community legal provisions. 

A  name  shall  not  be  protected  as  a  designation  of  origin  or  geographical  indication 
where,  in  the  light  of  a  trademark’s  reputation  and  renown,  protection  is  liable  to 
mislead the consumer as to the true identity of the wine. 

Article 37 
Relationship with trademarks 

Where  a  designation  of  origin  or  a  geographical  indication  is  protected  under  this 
Regulation,  the  registration  of  a  trademark  corresponding  to  one  of  the  situations 
referred  to  in  Article 38(2)  and  relating  to  a  product  falling  under  one  of  the 
categories listed in Annex IV shall be refused if the application for registration of the 
trademark is submitted after the date of submission of the application for protection 
of  the  designation  of  origin  or  geographical  indication  to  the  Commission  and  the 
designation of origin or geographical indication is subsequently protected. 

Trademarks registered in breach of the first subparagraph shall be invalidated. 

Without prejudice to Article 36(2), a trademark the use of which corresponds to one 
of the situations referred to in Article 38(2), which has been applied for, registered or 
established by use, if that possibility is provided for by the legislation concerned, in 
the territory of the Community before the date on which the application for protection 
of  the  designation  of  origin  or  geographical  indication  is  submitted  to  the 
Commission, may continue to be used and renewed notwithstanding the protection of 
a  designation  of  origin  or  geographical  indication,  provided  that  no  grounds  for  the 
trademark’s  invalidity  or  revocation  exist  as  specified  by  Council  Directive 
89/104/EEC20 or Council Regulation (EC) No 40/9421.  

In such cases the use of the designation of origin or geographical indication shall be 
permitted alongside the relevant trademarks. 

SECTION 5 
PROTECTION AND CONTROL 

Article 38 
Protection 

1. 

Protected  designations  of  origins  and  geographical  indications  may  be  used  by  any 
operator  marketing  a  wine  which  has  been  produced  in  conformity  with  the 
corresponding product specification. 

20 
21 

OJ L 40, 11.2.1989, p. 1. 
OJ L 11, 14.1.1994, p. 1. 

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40 

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2. 

Protected  designations  of  origins  and  geographical  indications  and  the  wines  using 
those protected names in conformity with the product specification shall be protected 
against: 

(a) 

any direct or indirect commercial use of a protected name: 

– 

– 

by  comparable  products  not  compliant  with  the  product  specification  of 
the protected name, or 

in so far as such use exploits the reputation of a designation of origin or a 
geographical indication; 

any  misuse,  imitation  or  evocation,  even  if  the  true  origin  of  the  product  or 
service is indicated or if the protected name is translated or accompanied by an 
expression  such  as  ‘style’,  ‘type’,  ‘method’,  ‘as  produced  in’,  ‘imitation’, 
‘flavour’, ‘like’ or similar; 

any other false or misleading indication as to the provenance, origin, nature or 
essential  qualities  of  the  product,  on  the  inner  or  outer  packaging,  advertising 
material or documents relating to the wine product concerned, and the packing 
of the product in a container liable to convey a false impression as to its origin; 

(b) 

(c) 

(d) 

any  other  practice  liable  to  mislead  the  consumer  as  to  the  true  origin  of  the 
product. 

3. 

4. 

Protected  designations  of  origin  or  protected  geographical  indications  shall  not 
become generic in the Community within the meaning of Article 36(1). 

Member  States  shall  take  the  steps  necessary  to  stop  unlawful  use  of  protected 
designations of origin and geographical indications as referred to in paragraph 2. 

Article 39 
Register 

The Commission shall establish and maintain an electronic register of protected designations 
of origin and geographical indications for wine which shall be publicly accessible.  

Article 40 
Competent control bodies 

1. 

2. 

3. 

Member States shall designate the competent authority or authorities responsible for 
controls in respect of the obligations established by this Chapter in accordance with 
inter-branch 
(EC)  No 882/2004.  Member  States  may  designate 
Regulation 
organisations  for  those  controls  if  they  offer  adequate  guarantees  of  objectivity  and 
impartiality. 

Member States shall ensure that any operator complying with this Chapter is covered 
by a system of controls. 

Member  States  shall  inform  the  Commission  about  the  authorities  or  organisations 
referred  to  in  paragraph 1.  The  Commission  shall  make  their  names  and  addresses 
public and update them periodically. 

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41 

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1. 

2. 

3. 

4. 

1. 

2. 

Article 41 
Verification of compliance with specifications 

In respect of protected designations of origin and geographical indications relating to 
a  geographical  area  within  the  Community,  annual  verification  of  compliance  with 
the  product  specification,  during  the  production  and  during  or  after  conditioning  of 
the wine, shall be ensured by: 

(a) 

one or more of the authorities or organisations referred to in Article 40, or 

(b)  one or more control bodies within the meaning of Article 2 of Regulation (EC) 

No 882/2004 operating as a product certification body. 

The costs of such verification shall be borne by the operators subject to it. 

In respect of protected designations of origin and geographical indications relating to 
a  geographical  area  in  a  third  country,  annual  verification  of  compliance  with  the 
product  specification,  during  the  production  and  during  or  after  conditioning  of  the 
wine, shall be ensured by: 

(a) 

one or more public authorities designated by the third country, or 

(b)  one or more certification bodies, or 

(c) 

one or more inter-branch organisations. 

The  certification  bodies  referred  to  in  paragraphs 1(b)  and 2(b)  of  this  Article  shall 
comply with, and from 1 May 2010 be accredited in accordance with, the European 
standard EN 45011 or ISO/IEC Guide 65 (General requirements for bodies operating 
product certification systems).  

Where  the  bodies  referred  to  in  paragraphs  1(a)  and  2(a)  and  2(c)  of  this  Article, 
verify compliance with the product specification, they shall offer adequate guarantees 
of  objectivity  and  impartiality,  and  have  at  their  disposal  the  qualified  staff  and 
resources needed to carry out their tasks.  

Article 42 
Amendments to product specifications 

An  applicant  satisfying  the  conditions  of  Article 30  may  apply  for  approval  of  an 
amendment  to  the  product  specification  of  a  protected  designation  of  origin  or 
geographical  indication,  in  particular  to  take  account  of  developments  in  scientific 
and technical knowledge or to redefine the geographical area referred to in point (c) 
of  the  second  subparagraph  of  Article 28(2).  Applications  shall  describe  and  give 
reasons for the amendments requested. 

Where  the  proposed  amendment  involves  one  or  more  amendments  to  the  single 
document  referred  to  in  Article 28(1)(d),  Articles 31  to 34  shall  apply  mutatis 
mutandis to the amendment application. However, if the proposed amendment is only 
minor,  it  shall  be  decided,  in  accordance  with  the  procedure  referred  to  in  Article 
104(1), whether to approve the application without following the procedure laid down 
in Articles 32(2) and 33 and in the case of approval, the Commission shall proceed to 
publication of the elements referred to in Article 32(3). 

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3. 

Where the proposed amendment does not involve any change to the single document, 
the following rules shall apply: 

(a)  where  the  geographical  area  is  in  a  given  Member  State,  that  Member  State 
shall express its position on the amendment and, if it is in favour, shall publish 
the  amended  product  specification  and  inform  the  Commission  of  the 
amendments approved and the reasons for them; 

(b)  where  the  geographical  area  is  in  a  third  country,  the  Commission  shall 

determine whether to approve the proposed amendment. 

Article 43 
Cancellation 

It  may  be  decided,  in  accordance  with  the  procedure  referred  to  in  Article  104(1),  at  the 
initiative of the Commission or at a duly substantiated request of a Member State, of a third 
country or of a natural or legal person having a legitimate interest, to cancel the protection of a 
designation  of  origin  or  a  geographical  indication  if  compliance  with  the  corresponding 
product specification is no longer ensured.  

Articles 31 to 34 shall apply mutatis mutandis. 

Article 44 
Existing protected wines names 

1. 

2. 

3. 

4. 

Wine  names,  which  are  protected  in  accordance  with  Article 54  of  Regulation  (EC) 
No 1493/1999 and Article 28 of Regulation (EC) No 753/2002, shall automatically be 
protected  under  this  Regulation.  The  Commission  shall  list  them  in  the  register 
provided for in Article 39. 

Member  States  shall,  in  respect  of  the  designations  of  origin  and  geographical 
indications referred to in paragraph 1, transmit to the Commission: 

(a) 

the technical files as provided for in Article 28(1); 

(b) 

the national decision indicating their validity. 

Names  referred  to  in  paragraph  1,  for  which  the  information  referred  to  in 
paragraph 2 is not submitted  by 31 December 2010, shall lose protection under  this 
Regulation.  The  Commission  shall  take  the  corresponding  formal  step  of  removing 
such names from the register provided for in Article 39. 

By way of derogation from Article 43, it may be decided, until 31 December 2013, at 
the initiative of the Commission and in accordance with the procedure referred to in 
Article  104(1),  to  cancel  protection  of  designations  of  origin  or  geographical 
indications referred to in paragraph 1 of this Article if they do not meet the relevant 
conditions for protection. 

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SECTION 6 
GENERAL PROVISIONS 

Article 45 
Implementing rules 

Detailed rules for the implementation of this Chapter shall be adopted in accordance with the 
procedure referred to in Article 104(1). 

Those rules may in particular include derogations from the applicability of the rules laid down 
in  this  Chapter  for  pending  applications  for  protection  of  designations  of  origin  or 
geographical indications. 

Article 46 
Fees 

Member States  may charge a  fee to cover  their costs, including those incurred in examining 
applications for protection, statements of objections, applications for amendments and requests 
for cancellations under this Regulation. 

Chapter IV 
Labelling 

Article 47 
Definition 

For  the  purposes  of  this  Regulation  “labelling”  means  any  words,  particulars,  trademarks, 
brand name, pictorial matter or symbol placed on any packaging, document, notice, label, ring 
or collar accompanying or referring to a given product. 

Article 48 
Applicability of horizontal rules 

Save  as  otherwise  provided  for  in  this  Regulation,  Directive  2000/13/EC,  Council  Directive 
89/396/EEC22, Council Directive 75/106/EEC23 and Directive 89/104/EEC shall apply to the 
labelling of products falling within their scopes. 

Article 49 
Compulsory particulars 

1. 

Labelling  of  the  products  referred  to  in  points  1  to  9  and  point  13  of  Annex  IV 
marketed  in  the  Community  or  for  export  shall  contain  the  following  compulsory 
particulars: 

22 
23 

OJ L 186, 30.6.1989, p. 21. 
OJ L 42, 15.2.1975, p. 1. 

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44 

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(a) 

the  designation  for  the  category  of  the  grapevine  product  in  accordance  with 
Annex IV; 

(b) 

for wines with a protected designation of origin or geographical indication: 

– 

– 

the  term  “protected  designation  of  origin”  or  “protected  geographical 
indication”, and 

the name of the protected designation of origin or geographical indication. 

(c) 

the actual alcoholic strength by volume; 

(d) 

an indication of provenance of the wine;  

(e) 

an indication of the bottler; 

(f) 

an indication of the importer in the case of imported wines. 

2. 

3. 

By way of derogation from point (a) of paragraph 1, the reference to the category of 
the  grapevine  product  may  be  omitted  for  wines  whose  label  includes  the  protected 
name of a designation of origin or geographical indication. 

By  way  of  derogation  from  point (b)  of  paragraph 1,  the  reference  to  the  terms 
“protected  designation  of  origin”  or  “protected  geographical  indication”  may  be 
omitted in the following cases: 

(a)  where a national specific designation as regulated by national law is displayed 

on the label; 

(b)  where,  in  exceptional  circumstances  to  be  determined  in  accordance  with  the 
procedure referred to in Article 104(1), the name of the protected designation of 
origin or protected geographical indication is displayed on the label. 

Article 50 
Optional particulars 

Labelling  of  products  referred  to  in  Article 49(1)  may  in  particular  contain  the  following 
optional particulars: 

(a) 

(b) 

(c) 

(d) 

the vintage year; 

the name of one or more wine grape varieties; 

terms indicating the sugar content; 

for wines with a protected designation of origin or geographical indication, traditional 
terms  other  than  the  designations  of  origin  and  geographical  indications  which 
designate the production or ageing method or the characteristics, colour, type of place 
of the wine concerned; 

(e) 

the Community symbol indicating the protected designation of origin or geographical 
indication; 

(f) 

terms referring to certain production methods. 

EN 

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Article 51 
Languages 

Compulsory particulars provided for in Article 49 shall, where expressed in words, appear in 
one or more of the official languages of the Community.  

However,  the  name  of  a  protected  designation  of  origin  or  geographical  indication  or  the 
national specific designation shall appear on the label in the official language or languages of 
the Member State where the wine originates. 

Article 52 
Enforcement 

The competent authorities of the Member States shall take measures to ensure that any wine 
not labelled in conformity with this Chapter is not placed on or is withdrawn from the market. 

Article 53 
Implementing rules 

Detailed rules for the implementation of this Chapter shall be adopted in accordance with the 
procedure referred to in Article 104(1). 

Those rules may in particular include: 

(a) 

(b) 

(c) 

(d) 

details on the indication of provenance of the wine; 

the terms of use of the optional particulars listed in Article 50; 

details on the traditional terms for the purposes of designating wines with a protected 
designation of origin or geographical indication; 

monitoring  of  indications  concerning  the  vintage  year  and  the  wine  grape  variety 
displayed on labels. 

Chapter V 
Producer and inter-branch organisations 

Article 54 
Producer organisations 

Member States shall recognise as a producer organisation any legal entity which satisfies the 
following conditions: 

(a) 

(b) 

(c) 

it is constituted by producers of products covered by this Regulation; 

it is formed on the initiative of producers; 

it pursues a specific aim, which may in particular relate to: 

(i) 

adapting production jointly to the requirements of the market and improving the 
product; 

EN 

46 

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(ii)  promoting  concentration  of  supply  and  the  placing  on  the  market  of  the 

products produced by its members; 

(iii)  promoting the rationalisation and improvement of production and processing; 

(iv) 

reducing  production  costs  and  market  management  costs  and  stabilising 
producer prices; 

(v)  promoting  and  providing  technical  assistance  for  the  use  of  environmentally 

respectful cultivation practices and production techniques;  

(vi)  promoting  initiatives  for  the  management  of  by-products  of  wine  making  and 
the management of waste in particular to protect the quality of water, soil and 
landscape and preserving or encouraging biodiversity;  

(vii)  carrying  out  research  into  sustainable  production  methods  and  market 

developments.  

(d) 

its rules of association shall require its members, in particular, to: 

(i) 

apply  the  rules  adopted  by  the  producer  organisation  relating  to  production 
reporting, production, marketing and protection of the environment; 

(ii)  provide  the  information  requested  by  the  producer  organisation  for  statistical 

purposes, in particular on growing areas and market evolution; 

(ii)  pay penalties for infringement of obligations under the rules of association. 

(e) 

it  has  lodged  an  application  for  recognition  as  a  producer  organisation  under  this 
Regulation  with  the  Member  State  concerned  and  the  application  contains  the 
following items: 

(i) 

evidence that the entity meets the requirements laid down in points (a) to (d); 

(ii) 

evidence  that  it  has  a  minimum  number  of  members,  to  be  laid  down  by  the 
Member State concerned; 

(iii)  evidence that it covers a minimum volume of marketable production in the area 
where  the  organisation  operates,  to  be  laid  down  by  the  Member  State 
concerned; 

(iv)  evidence that it can carry out its activities properly, both over time and in terms 

of effectiveness and concentration of supply; 

(v) 

evidence that it effectively enables its members to obtain technical assistance in 
using environmentally sound cultivation practices. 

Article 55 
Inter-branch organisations 

Member States shall recognise as an inter-branch organisation any legal entity which satisfies 
the following conditions: 

(a) 

it  is  made  up  of  representatives  of  economic  activities  linked  to  the  production  of, 
trade in, or processing of products covered by this Regulation; 

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47 

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(b) 

(c) 

it is formed on the initiative of all or some of the organisations or associations which 
constitute it; 

it  carries  out  one  or  more  of  the  following  measures  in  one  or  more  regions  of  the 
Community, taking account of public health and the interests of consumers: 

(i) 

improving knowledge and transparency of production and the market; 

(ii)  helping  to  better  coordinate  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; 

(iv)  exploiting more fully the potential of production; 

(v)  providing  the  information  and  carrying  out  the  research  necessary  to  adjust 
production towards products more suited to market requirements and consumer 
tastes  and  expectations,  in  particular  with  regard  to  product  quality  and 
protection of the environment; 

(vi)  providing  information  on  particular  characteristics  of  wine  with  a  protected 

designation of origin or geographical indication; 

(vii)  seeking ways of restricting the use of plant-health products and other inputs and 

ensuring product quality and soil and water conservation; 

(viii)  promoting  integrated  production  or  other  environmentally  sound  production 

methods;  

(ix)  encouraging moderate and responsible consumption of wine and informing on 

the harm linked to irresponsible consumption patterns;  

(x) 

carrying out promotion actions for wine, especially in third countries; 

(xi)  developing methods and instruments for improving product quality at all stages 

of production, vinification and marketing; 

(xii)  exploiting, protecting and promoting the potential of organic farming as well as 
quality labels and protected designations of origin and geographical indications; 

(d) 

it has lodged an application for recognition as a inter-branch organisation under this 
Regulation  with  the  Member  State  concerned  and  the  application  contains  the 
following items: 

(i) 

evidence that the entity meets the requirements laid down in points (a) to (c); 

(ii) 

evidence  that  the  entity  carries  out  its  activities  in  one  or  more  regions  in  the 
territory concerned; 

(iii)  evidence  that  the  entity  represents  a  significant  share  of  the  production  of  or 

trade in products covered by this Regulation; 

(iv)  evidence  that  the  entity  does  not  engage  in  the  production  or  processing  or 

marketing of products covered by this Regulation. 

EN 

48 

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1. 

2. 

1. 

Article 56 
Recognition procedure 

Applications  for  recognition  as  a  producer  organisation  or  inter-branch  organisation 
shall be lodged with and examined by the Member State where the organisation has 
its seat. 

Member  States  shall  take  the  decision  whether  to  grant  or  refuse  recognition  of  the 
organisation within three months of the lodging of the application. 

Article 57 
Marketing rules 

In order to improve the operation of the market in wines with a protected designation 
of  origin  or  geographical  indication,  including  the  grapes,  musts  and  wines  from 
which  they  derive,  producer  Member  States,  particularly  by  way  of  implementing 
decisions  taken  by  inter-branch  organisations,  may  lay  down  marketing  rules  to 
regulate supply, provided that such rules relate to the retention or gradual release of 
produce. 

Such rules shall not: 

(a) 

relate to any transaction after the first marketing of the produce concerned; 

(b) 

(c) 

allow  for  price  fixing,  including  where  prices  are  set  for  guidance  or 
recommendation; 

render unavailable an excessive proportion of the vintage that would otherwise 
be available; 

(d)  provide  scope  for  refusing  to  issue  the  national  and  Community  certificates 
required for the circulation and marketing of wines where such marketing is in 
accordance with those rules. 

2. 

The rules referred to in paragraph 1 must be brought to the attention of operators by 
publication in extenso in an official publication of the Member State concerned. 

Article 58 
Monitoring 

Member States shall: 

(a) 

(b) 

carry out checks at regular intervals to ascertain that producer organisations and inter-
branch organisations comply with the terms and conditions for recognition laid down 
in Articles 54 and 55; 

withdraw  recognition  if  a  producer  or  inter-branch  organisation  no  longer  complies 
with  the  relevant  requirements  and  impose  penalties  on  such  organisations  in  the 
event of non-compliance or irregularities. 

EN 

49 

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Article 59 
Communication 

By 1 March each year, Member States shall report to the Commission the decisions or actions 
they have taken in accordance with Articles 56, 57 and Article 58 during the previous year. 

TITLE IV 
TRADE WITH THIRD COUNTRIES 

Chapter I 
Common provisions 

Article 60 
General principles 

1. 

2. 

Save as otherwise provided for in this Regulation, the rates of duty in the Common 
Customs Tariff shall apply to the products covered by this Regulation. 

Save as otherwise provided for in this Regulation or in provisions adopted pursuant 
thereto, the following shall be prohibited in trade with third countries: 

(a) 

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

(b) 

the  application  of  any  quantitative  restriction  or  measure  having  equivalent 
effect. 

Article 61 
Combined Nomenclature 

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. The 
tariff nomenclature resulting from the application of this Regulation including, as the case may 
be,  the  definitions  and  categories  in  Annexes  I  and IV  shall  be  included  in  the  Common 
Customs Tariff. 

Chapter II 
Import and export licences 

Article 62 
Import and export licences 

1. 

It may be decided, in accordance with the procedure referred to in Article 104(1), that 
imports  into  the  Community  or  exports  from  the  Community  of  one  or  more  of  the 
products  falling  under  CN  codes  2009 61,  2009 69  and  2204  shall  be  subject  to  the 
presentation of an import or export licence. 

EN 

50 

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2. 

When  applying  paragraph  1,  account  shall  be  taken  of  the  need  for  licences  for  the 
management  of  the  markets  concerned  and,  in  particular,  in  the  case  of  import 
licences, for monitoring the imports of the products in question. 

Article 63 
Issue of licences 

Import and export licences shall be issued by Member States to any applicant, irrespective of 
his place of establishment in the Community, unless a Council Regulation or any other act of 
the Council provides otherwise, and without prejudice to measures taken for the application of 
Chapter IV. 

Article 64 
Validity of licences 

Import and export licences shall be valid throughout the Community. 

Article 65 
Security 

1. 

2. 

1. 

Save as otherwise provided for in accordance with the procedure referred to in Article 
104(1), licences shall be issued subject to the lodging of a security guaranteeing that 
the products are imported or exported during the term of validity of the licence.  

Except in cases of force majeure, the security shall be forfeited in whole or in part if 
the  import  or  export  is  not  carried  out,  or  is  carried  out  only  partially,  within  the 
period of validity of the licence. 

Article 66 
Special security 

For juice and musts falling under CN codes 2009 61, 2009 69 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 that price shall be verified either by checking every 
consignment or by 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. 

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 2 
that may not exceed the flat-rate value by more than 10%, a security must be lodged 
equal to the import duties determined on the basis of the flat-rate import value. 

If  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 2,  of  the  relevant 
provisions of customs legislation. 

2. 

In the event that derogations by the Council referred to in points B.5 or C of Annex 
VI  are  applied  to  imported  products,  importers  shall  lodge  a  security  for  those 
products  with  the  designated  customs  authorities  at  the  time  of  release  for  free 

EN 

51 

   EN 

 
circulation. The security shall be released on presentation by the importer of proof, to 
the  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. 

Article 67 
Implementing rules 

Detailed rules for the implementation of this Chapter shall be adopted in accordance with the 
procedure referred to in Article 104(1). 

Those rules may in particular include: 

(a) 

(b) 

(c) 

(d) 

(e) 

1. 

2. 

3. 

the setting of criteria for determining which control method is to be applied; 

what factors are to enter into the calculation of flat-rate import values; 

the level of securities referred to in Articles 65 and 66 and rules governing the release 
thereof; 

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

where applicable, the conditions under which licences shall be issued and their term 
of validity. 

Chapter III 
Safeguard measures 

Article 68 
Safeguard measures 

Safeguard  measures  against  imports  into  the  Community  shall  be  taken  by  the 
Commission,  subject  to  paragraph  3  of  this  Article,  in  accordance  with  Council 
Regulations (EC) No 519/9424 and (EC) No 3285/9425.  

Save  as  otherwise  provided  for  pursuant  to  any  other  act  of  the  Council,  safeguard 
measures  against  imports  into  the  Community  provided  for  in  international 
agreements concluded in accordance with Article 300 of the Treaty shall be taken by 
the Commission in accordance with paragraph 3 of this Article. 

Measures referred to in paragraphs 1 and 2 may be taken by the Commission at the 
request  of  a  Member  State  or  on  its  own  initiative.  If  the  Commission  receives  a 
request  from  a  Member  State,  it  shall  take  a  decision  thereon  within  five  working 
days following receipt of the request. 

24 
25 

OJ L 67, 10.3.1994, p. 89. 
OJ L 349, 31.12.1994, p. 53. 

EN 

52 

   EN 

 
                                                 
The  Member  States  shall  be  notified  of  such  measures,  which  shall  be  immediately 
applicable. 

Measures  decided  on  by  the  Commission  pursuant  to  paragraphs  1  and  2  may  be 
referred to the Council by any Member State within five working days of the date on 
which  they  were  notified.  The  Council  shall  meet  without  delay.  It  may,  acting  by 
qualified  majority,  amend  or  repeal  the  measures  in  question  within  one  month 
following the date on which they were referred to the Council. 

4. 

Where  the  Commission  considers  that  any  safeguard  measure  taken  in  accordance 
with paragraphs 1 or 2 should be revoked or amended, it shall proceed as follows: 

(a)  where the measure was enacted by the Council, the Commission shall propose 
to  the  Council  that  it  be  revoked  or  amended.  The  Council  shall  act  by  a 
qualified majority; 

(b) 

in all other cases, Community safeguard measures shall be revoked or amended 
by the Commission. 

Article 69 
Additional import duties 

1. 

2. 

3. 

An additional import duty shall apply to imports, subject to the rate of duty laid down 
in Article 60(1), of grape juice and grape must where marked with a special safeguard 
clause  indication  (“SSG”)  in  the  Agreement  on  Agriculture  concluded  during  the 
Uruguay  Round  Multilateral  Trade  Negotiations,  in  order  to  prevent  or  counteract 
adverse  effects  on  the  market  of  the  Community  which  may  result  from  those 
imports, if: 

(a) 

the imports are made at a price below the level notified by the Community to 
the WTO, or 

(b) 

the volume of imports in any year exceeds a certain level. 

The  volume  referred  to  in  point  (b)  shall  be  based  on  market  access  opportunities 
defined, where applicable, as imports as a percentage of the corresponding domestic 
consumption during the three previous years. 

Additional  import  duties  shall  not  be  imposed  where  the  imports  are  unlikely  to 
disturb the Community market, or where the effects would be disproportionate to the 
intended objective. 

For the purposes of paragraph 1(a), import prices shall be determined on the basis of 
the cif import prices of the consignment under consideration. 

Cif import prices shall be checked against the representative prices for the product on 
the world market or on the Community import market for that product. 

Article 70 
Suspension of inward and outward processing arrangements 

1. 

Where the Community market is disturbed or is liable to be disturbed by inward or 
outward  processing  arrangements,  it  may  be  decided,  at  the  request  of  a  Member 

EN 

53 

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State or on the Commission’s initiative and in accordance with the procedure referred 
to  in  Article 104(1),  to  suspend  fully  or  partially  the  use  of  inward  or  outward 
processing  arrangements  for  the  products  covered  by  this  Regulation.  If  the 
Commission  receives  a  request  from  a  Member  State,  a  decision  thereon  shall  be 
taken within five working days following receipt of the request. 

The  Member  States  shall  be  notified  of  such  measures,  which  shall  be  immediately 
applicable. 

Measures decided pursuant to the first subparagraph may be referred to the Council 
by  any  Member  State  within  five  working  days  of  the  date  on  which  they  were 
notified. The Council shall meet without delay. It may, acting by qualified majority, 
amend  or  repeal  the  measures  in  question  within  one  month  following  the  date  on 
which they were referred to the Council. 

2. 

To the extent necessary for the proper functioning of the common organisation of the 
wine market, the use of inward or outward processing arrangements for the products 
covered by this Regulation may be fully or partially prohibited by the Council, acting 
in accordance with the procedure laid down in Article 37(2) of the Treaty. 

Article 71 
Implementing rules 

Detailed rules for the implementation of this Chapter shall be adopted in accordance with the 
procedure referred to in Article 104(1). 

Chapter IV 
Rules applying to imports 

Article 72 
Import requirements 

1. 

2. 

3. 

Save  as  otherwise  provided  for,  in  particular  in  agreements  concluded  pursuant  to 
Article 300  of  the  Treaty,  the  provisions  concerning  designations  of  origin  and 
geographical indications and labelling set out in Chapters III and IV of Title III of this 
Regulation  as  well  as  Article  19(2)  shall  apply  to  products  falling  under  CN  codes 
2009 61, 2009 69 and 2204 which are imported into the Community.  

Save  as  otherwise  provided  in  agreements  concluded  pursuant  to  Article 300  of  the 
Treaty,  products  referred  to  in  paragraph 1  of  this  Article  shall  be  produced  in 
accordance  with  oenological  practices  and  restrictions  recommended  by  the  OIV  or 
authorised by the Community pursuant to this Regulation and its implementing rules.  

The  importation  of  the  products  referred  to  in  paragraph 1  shall  be  subject  to  the 
presentation of: 

(a) 

a certificate evincing compliance with the provisions referred to in paragraphs 1 
and 2, to be drawn up by a competent body, included on a list to be determined 
in  accordance  with  the  procedure  referred  to  in  Article  104(1),  in  the  country 
from which the product comes; 

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54 

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(b) 

an analysis report drawn up by a body or department designated by the country 
from  which  the  product  comes,  in  so  far  as  the  product  is  intended  for  direct 
human consumption. 

Article 73 
Tariff quotas 

1. 

2. 

Tariff  quotas  for  imports  of  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 in accordance with the procedure 
referred to in Article 104(1). 

Tariff  quotas  shall  be  administered  in  a  manner  which  avoids  any  discrimination 
between  the  operators  concerned,  by  applying  one  of  the  following  methods  or  a 
combination of them or another appropriate method: 

(a) 

(b) 

(c) 

a method based on the chronological order of the lodging of applications (“first 
come, first served“ principle); 

a  method  of  distribution  in  proportion  to  the  quantities  requested  when  the 
applications were lodged (“simultaneous examination method”); 

a  method  based  on 
(”traditional/new arrival method”). 

taking 

traditional 

trade  patterns 

into  account 

3. 

The  method  of  administration  adopted  for  the  management  of  tariff  quotas  shall, 
where  appropriate,  give  due  weight  to  the  supply  requirements  of  the  Community 
market and the need to safeguard the equilibrium of that market. 

Article 74 
Implementing rules 

Detailed rules for the implementation of this Chapter shall be adopted in accordance with the 
procedure referred to in Article 104(1). 

Those rules may in particular include: 

(a) 

(b) 

guarantees covering the nature, provenance and origin of the product; 

recognition of the document used for verifying the guarantees referred to in point (a). 

EN 

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TITLE V 
PRODUCTION POTENTIAL 

Chapter I 
Unlawful plantings 

1. 

2. 

3. 

4. 

5. 

1. 

2. 

3. 

Article 75 
Unlawful plantings planted after 1 September 1998 

Producers  shall  grub  up  at  their  own  cost  areas  planted  with  vines  without  a 
corresponding planting right after 1 September 1998.  

Pending grubbing-up in accordance with paragraph 1, grapes and products made from 
grapes  from  areas  referred  to  in  that  paragraph  may  be  put  into  circulation  only  for 
the purposes of distillation. The products resulting from distillation may not be used 
in the preparation of alcohol having an actual alcoholic strength by volume of 80% or 
less. 

After 31 December 2008, Member States shall impose penalties, graduated according 
to the severity, extent and duration of the non-compliance, on producers who have not 
complied with this grubbing-up obligation. 

Member States shall communicate to the Commission by 1 March each year the areas 
planted with vines without a corresponding planting right after 1 September 1998 as 
well as the areas grubbed up in accordance with paragraph 1. 

The end of the transitional ban on new plantings on 31 December 2013, as provided 
for in Article 80(1), shall not affect the obligations provided for in this Article. 

Article 76 
Obligatory regularisation of unlawful plantings planted before 1 September 1998 

Producers shall, against the payment of a fee and not  later  than 31 December  2009, 
regularise  areas  planted  with  vines  without  a  corresponding  planting  right  before 
1 September 1998.  

The  first  subparagraph  shall  not  apply  to  areas  regularised  in  accordance  with  the 
conditions set out in Article 2(3) of Regulation (EC) No 1493/1999. 

The fee referred to in paragraph 1 shall be determined by Member States. It shall be 
equivalent  to  at  least  twice  the  average value  of  the  corresponding  planting  right  in 
the region concerned.  

Pending regularisation under paragraph 1, grapes or products made from grapes from 
areas  referred  to  that  paragraph  may  be  put  into  circulation  only  for  the  purpose  of 
distillation.  The  products  may  not  be  used  in  the  preparation  of  alcohol  having  an 
actual alcoholic strength of 80% vol. or less. 

EN 

56 

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4. 

Unlawful  areas  referred  to  in  paragraph  1  which  are  not  regularised  in  accordance 
with  paragraph 1  by  31 December  2009  shall  be  grubbed  up  by  the  producers 
concerned at their own expense.  

Member States shall impose penalties, graduated according to the severity, extent and 
duration of the non-compliance, on producers who do not comply with this grubbing-
up obligation. 

5. 

Member States shall communicate to the Commission by 1 March each year: 

(a) 

(b) 

the  areas  planted  with  vines  without  a  corresponding  planting  right  before 
1 September 1998; 

the areas regularised in accordance with paragraph 1, the fees as provided for in 
that  paragraph  as  well  as  the  average  value  of  the  regional  planting  rights  as 
provided for in paragraph 2. 

Member  States  shall,  for  the  first  time  by  1 March  2010,  communicate  to  the 
Commission  the  areas  grubbed  up  in  accordance  with  the  first  subparagraph  of 
paragraph 4. 

The end of the transitional ban on new plantings on 31 December 2013 as provided 
for  in  Article 80(1),  shall  not  affect  the  obligations  provided  for  in  paragraphs 3,  4 
and 5. 

Article 77 
Distillation 

Member  States  shall  require  proof  of  distillations  under  Articles 75(2)  and 76(3)  in 
the form of distillation contracts to be submitted by producers.  

Member  States  shall  verify  the  existence  of  the  distillation  contracts  referred  to  in 
paragraph 1. They shall impose penalties in case of non-compliance. 

Member States shall notify the Commission of the areas subject to distillation and the 
corresponding volumes of alcohol. 

6. 

1. 

2. 

3. 

Article 78 
Accompanying measures 

Areas  referred  to  in  the  first  subparagraph  of  Article 75(1)  and  in  the  first  subparagraph  of 
Article 76(1)  as  long  as  they  are  not  regularised  shall  not  benefit  from  any  national  or 
Community support measures. 

Article 79 
Implementing rules 

Detailed rules for the implementation of this Chapter shall be adopted in accordance with the 
procedure referred to in Article 104(1). 

Those rules may in particular include: 

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57 

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(a) 

(b) 

1. 

2. 

3. 

4. 

5. 

details  of  the  communication  requirements  of  Member  States  including  possible 
reductions  of  the  budget  allocations  referred  to  in  Annex II  in  case  of  non-
compliance; 

details on the penalties to be imposed by Member States in case of non-compliance 
with the obligations laid down in Articles 75, 76 and 77. 

Chapter II 
Transitional planting right regime 

Article 80 
Transitional prohibition on planting vines 

Without prejudice  to  Article 18 and in particular its third paragraph, the  planting of 
vines  of  classified  wine  grape  varieties  referred  to  in  the  first  subparagraph  of 
Article 18(1) shall be prohibited until 31 December 2013.  

Until  31  December  2013,  grafting-on  of  wine  grape  varieties  referred  to  in  the  first 
subparagraph of Article 18(1) to varieties other than wine grape varieties referred to 
in that Article shall also be prohibited. 

Notwithstanding paragraphs 1 and 2, plantings and grafting-on as referred to in those 
paragraphs shall be allowed if covered by: 

(a) 

a new planting right, as provided for in Article 81; 

(b) 

a replanting right, as provided for in Article 82; 

(c) 

a planting right granted from a reserve as provided for in Articles 83 and 84. 

The planting rights referred to in paragraph 3 shall be granted in hectares. 

Articles 81 to 86 shall apply until 31 December 2013. 

Article 81 
New planting rights 

1. 

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

(a) 

intended for new plantings carried out under measures for land consolidation or 
measures concerning compulsory purchases in the public interest adopted under 
national legislation;  

(b) 

intended for experimental purposes;  

(c) 

intended for graft nurseries; 

(d)  whose  wine  or  vine  products  are  intended  solely  for  the  consumption  by  the 

wine-grower’s family. 

2. 

New planting rights granted shall: 

(a) 

be exercised by the producer to whom they are granted; 

EN 

58 

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(b)  be used before the end of the second wine year after the one in which they were 

granted; 

(c) 

be used for the purposes for which they were granted. 

Article 82 
Replanting rights 

Member  States  shall  grant  replanting  rights  to  producers  who  have  grubbed  up  an 
area planted with vines. 

However, no replanting rights may be granted as regards areas for which a grubbing-
up premium has been granted in accordance with Chapter III. 

Member States may grant replanting rights to producers who undertake to grub up an 
area planted with vines. In such cases, the grubbing-up of the pledged area shall be 
carried out at the latest at the end of the third year after which new vines for which 
the replanting rights had been granted have been planted. 

Replanting rights granted shall correspond to the equivalent of the grubbed-up area in 
terms of pure crop. 

The 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. 

By  way  of  derogation  from  paragraph 4,  Member  States  may  decide  that  replanting 
rights may be transferred, in whole or in part, to another holding in the same Member 
State in the following cases: 

(a) 

part of the holding concerned is transferred to that other holding;  

(b) 

areas on that other holding are intended for: 

– 

– 

the  production  of  wines  with  a  protected  designation  of  origin  or  a 
protected geographical indication, or 

the cultivation of graft nurseries. 

Member States shall ensure that the application of the derogations provided for in the 
first subparagraph does not lead to an overall increase in production potential on their 
territory, in particular when transfers are made from non-irrigated to irrigated areas. 

Paragraphs  1  to  5  shall  apply  mutatis  mutandis  to  rights  similar  to  replanting  rights 
acquired under prior Community or national legislation. 

Replanting rights granted under Article 4(5) of Regulation (EC) No 1493/1999 shall 
be used within the periods provided for therein. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

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1. 

2. 

3. 

4. 

5. 

Article 83 
National and regional reserve of planting rights 

In  order  to  improve  management  of  the  production  potential  Member  States  shall 
create a national reserve or regional reserves of planting rights.  

Member States which have established national or regional reserves of planting rights 
under Regulation (EC) No 1493/1999 may maintain those reserves until 31 December 
2013.  

The following planting rights shall be allocated to the national or regional reserves if 
they are not used within the prescribed period: 

(a) 

new planting rights; 

(b) 

replanting rights; 

(c) 

planting rights granted from the reserve. 

Producers  may  transfer  replanting  rights  to  the  national  or  regional  reserves.  The 
conditions  of  such  transfer,  where  necessary  in  return  for  a  payment  from  national 
funds,  shall  be  determined  by  the  Member  States  taking  into  account  the  legitimate 
interests of the parties. 

By way of derogation from paragraph 1, Member States may decide not to implement 
a reserve system provided that they can prove that an effective alternative system for 
managing  planting  rights  exists  throughout  their  territory.  The  alternative  system 
may, where necessary, derogate from the relevant provisions of this Chapter. 

The first subparagraph shall also apply to Member States which cease the operation 
of national or regional reserves under Regulation (EC) No 1493/1999. 

Article 84 
Granting planting rights from the reserve 

1. 

Member States may grant rights out of a reserve: 

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

(b) 

against  payment  into  national  or,  if  appropriate,  regional  funds,  to  producers 
who intend to use the rights to plant vineyards whose production has an assured 
outlet. 

Member  States  shall  define  the  criteria  for  setting  the  amounts  of  the  payment 
referred to  in point (b), which may  vary depending  on the final intended product of 
the  vineyards  concerned  and  on  the  residual  transitional  period  during  which  the 
prohibition on new plantings as provided for in Article 80(1) and (2) applies. 

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2. 

Where  planting  rights  granted  from  a  reserve  are  used,  Member  States  shall  ensure 
that:  

(a) 

(b) 

the  location,  the  varieties  used  and  the  cultivation  techniques  used  guarantee 
that the subsequent production is adapted to market demand; 

the yields concerned are typical of the average in the region, in particular where 
planting rights originating in non-irrigated areas are used in irrigated areas.  

3. 

4. 

5. 

Planting rights granted from a reserve which are not used before the end of the second 
wine year after the one in which they were granted shall be forfeited and re-allocated 
to the reserve. 

Planting rights in a reserve, which are not disbursed before the end of the fifth wine 
year following their allocation to the reserve, shall be extinguished. 

If regional reserves exist in a Member State, the Member State may lay down rules 
permitting the transfer of planting rights between regional reserves. If both regional 
and national reserves exist in a Member State, the Member State may also allow for 
transfers between those reserves.  

Transfers may be subject to a reduction coefficient. 

Article 85 
De minimis 

This  Chapter  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 latest five wine years. 

Article 86 
Stricter national rules 

Member States may adopt stricter national rules in respect of the award of new planting rights 
or  replanting  rights.  They  may  require  that  the  respective  applications  and  the  relevant 
information  to  be  supplied  therein  be  supplemented  by  additional  information  necessary  for 
monitoring the development of production potential. 

Article 87 
Implementing rules 

Detailed rules for the implementation of this Chapter shall be adopted in accordance with the 
procedure referred to in Article 104(1). 

These rules may in particular include: 

(a) 

provisions to avoid excessive administrative charges when applying the provisions of 
this Chapter; 

(b) 

the co-existence of vines pursuant to Article 82(2); 

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(c) 

the application of the reduction coefficient referred to in Article 84(5). 

Chapter III 
Grubbing-up scheme 

Article 88 
Scope and definition 

1. 

2. 

This  Chapter  lays  down  the  conditions  under  which  wine  growers  shall  receive  a 
premium in exchange for grubbing up vines (hereinafter “grubbing-up premium”). 

For the purposes of this Chapter, “grubbing-up” shall mean the complete elimination 
of all vine stocks on a parcel planted with vines. 

Article 89 
Duration of the scheme 

The grubbing-up scheme shall apply until the end of the wine year 2012/2013. 

Article 90 
Conditions of eligibility 

The  grubbing-up  premium  may  be  granted  only  if  the  area  concerned  complies  with  the 
following conditions: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

it did not receive Community restructuring and conversion support within the 10 wine 
years preceding the grubbing-up;  

it did not receive Community support under any other common market organisation 
within the five wine years preceding the grubbing-up; 

it is tended; 

it is not smaller than 0.1 hectare; 

it  has  not  been  planted  in  violation  of  any  applicable  Community  or  national 
provision; 

it is planted with a wine grape variety classified by the Member States concerned in 
accordance with the first subparagraph of Article 18(1). 

Notwithstanding  point  (e),  areas  regularised  in  accordance  with  Article 2(3)  of  Regulation 
(EC) No 1493/1999 and Article 76(1) of this Regulation shall be eligible for the grubbing-up 
premium. 

Article 91 
Amount of the grubbing-up premium 

1. 

Scales for the grubbing-up premiums to be granted shall be fixed in accordance with 
the procedure referred to in Article 104(1). 

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2. 

1. 

2. 

3. 

4. 

The  specific  amount  of  the  grubbing-up  premium  shall  be  established  by  Member 
States  within the scales referred to in  paragraph  1  and  on  the  basis of  the historical 
yields of the holding concerned.  

Article 92 
Procedure and budget 

Interested  producers  shall  submit  applications  for  the  grubbing-up  premium  to  the 
respective authorities in Member States not later than 30 September of each year. 

Member  States’  authorities  shall  process  eligible  applications  and  notify  to  the 
Commission  by  15  October  each  year,  the  total  area  and  amounts  covered  by  those 
applications split by regions and by yield ranges. 

The maximum annual budget for the grubbing-up scheme is set out in Annex VII. 

By  15  November  each  year,  in  accordance  with  the  procedure  referred  to  in 
Article 104(1), a single percentage for acceptance of the amounts notified shall be set 
if  the  total  amount  notified  to  the  Commission  by  Member  States  exceeds  the 
available budget resources. 

5. 

By 15 January each year, Member States shall accept the applications: 

(a) 

(b) 

for  the  areas  applied  for  in  their  entirety  if  the  Commission  has  not  set  a 
percentage as referred to in paragraph 4, or 

for  the  areas  resulting  from  the  application  of  the  percentage  referred  to  in 
paragraph 4 based on objective and non-discriminatory criteria. 

Member  States  shall  notify  to  the  Commission  by  30  January  each  year  the 
applications  accepted  split  by  regions  and  by  yield  ranges  and  the  total  amount  of 
grubbing-up premiums paid by region.  

6. 

For  the  preceding  wine  year,  Member  States  shall  notify  to  the  Commission  by 
15 September each year: 

(a) 

the areas grubbed-up split by regions and by yield ranges; 

(b) 

the total amount of grubbing-up premiums paid by region. 

Article 93 
Cross-compliance 

Where farmers are found to not have complied on their holding, at any time during five years 
from payment of the grubbing-up premium, with the statutory management requirements and 
the good agricultural and environmental condition referred to in Articles 3 to 7 of Regulation 
(EC) No 1782/2003, the amount of the payment shall, where non-compliance is the result of 
an  action  or  omission  directly  imputable  to  the  farmer,  be  reduced  or  cancelled,  partially  or 
wholly  depending  on  the  severity,  extent,  permanence  and  repetition  of  the  non-compliance, 
and  the  farmer  shall,  where  applicable,  be  ordered  to  reimburse  it  in  accordance  with  the 
conditions set out in the said provisions. 

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Rules  shall  be  determined  in  accordance  with  the  procedure  referred  to  in  Article 144(2)  of 
Regulation  (EC)  No 1782/2003  as  regards  partial  or  whole  reduction  or  recovery  of  the 
support by the Member State concerned. 

1. 

2. 

3. 

4. 

5. 

1. 

2. 

Article 94 
Exemptions 

A  Member  State  may  decide  to  reject  any  further  applications  referred  to  in 
Article 92(1) once the accumulated grubbed-up area on its territory has reached 10% 
of its area planted with vines as referred to in Annex VIII. 

Member States may declare vines in mountain and steep slope areas ineligible for the 
grubbing-up  scheme  in  accordance  with  conditions  to  be  determined  in  accordance 
with the procedure referred to in Article 104(1). 

Member  States  may  declare  areas  ineligible  for  the  grubbing-up  scheme  where 
application of the scheme would be incompatible with environmental concerns. Areas 
thus  declared  ineligible  shall  not  exceed  2%  of  the  total  area  planted  with  vines  as 
referred to in Annex VIII.  

Member States deciding to make use of the possibility provided for in paragraphs 2 
and 3  shall  communicate,  by  1  August  each  year  and  for  the  first  time  on  1 August 
2008, to the Commission, concerning the grubbing-up measure to be implemented: 

(a) 

the areas declared ineligible; 

(b) 

the justification for ineligibility in accordance with paragraphs 2 and 3. 

Member States shall grant producers in the areas declared ineligible under paragraphs 
2  and 3  priority  under  other  support  measures  laid  down  in  this  Regulation,  in 
particular,  where  applicable,  the  restructuring  and  conversion  measure  under  the 
support programmes and rural development measures.  

Article 95 
Single payment scheme 

Farmers  who  participate  in  the  grubbing-up  scheme  shall  in  respect  of  the  areas 
concerned receive payment entitlements in accordance with Chapter 3 of Title III of 
Regulation (EC) No 1782/2003. 

Member  States  shall  fix  the  amount  of  the  payment  entitlements  referred  to  in 
paragraph 1 for areas planted with vines grubbed-up in accordance with this Chapter 
at the regional average of the value of the payment entitlements of the corresponding 
region but shall in any case not exceed EUR 350/ha. 

Until the end of the wine year 2012/2013, Member States shall communicate to the 
Commission  by  15 September  each  year  the  average  regional  single  payments  used 
for the fixing of the payment entitlements. 

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Article 96 
De minimis 

This  Chapter  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 latest five wine years. 

Article 97 
Complementary national aid 

Member  States  may  grant  complementary  national  aid  for  grubbing-up  in  addition  to  the 
grubbing-up premium granted.  

Article 98 
Implementing rules 

Detailed rules for the implementation of this Chapter shall be adopted in accordance with the 
procedure referred to in Article 104(1). 

Those rules may in particular include: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

the premium scales and levels referred to in Article 91; 

detailed rules concerning cross-compliance; 

the criteria for exemption as referred to in Article 94; 

the  reporting  requirements  of  Member  States  concerning  the  implementation  of  the 
grubbing-up  scheme,  including  penalties  in  case  of  delays  in  reporting  and  the 
information which Member States give to producers concerning the availability of the 
scheme; 

the reporting requirements as regards complementary national aid; 

deadlines for payments. 

TITLE VI 
GENERAL PROVISIONS 

Article 99 
Vineyard register 

Member States shall maintain a vineyard register which contains updated information on the 
production potential. 

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Article 100 
Inventory 

Member States shall, on the basis of the vineyard register referred to in Article 99, send to the 
Commission, by 1 March each year, an updated inventory of their production potential. 

Article 101 
Duration of vineyard register and inventory 

It  may  be  decided,  in  accordance  with  the  procedure  referred  to  in  Article  104(1),  that 
Articles 99 and 100 no longer apply any time after 1 January 2014. 

1. 

2. 

3. 

1. 

2. 

1. 

Article 102 
Compulsory declarations 

Producers of grapes for wine-making and producers of must and wine shall declare to 
the  competent  national  authorities  each  year  the  quantities  produced  from  the  last 
harvest. 

Member  States  may  require  merchants  of  grapes  for  wine-making  to  declare  each 
year the quantities marketed from the last harvest. 

Producers of must and wine, and merchants other than retailers, shall declare to the 
competent national authorities each year their stocks of must and wine, whether from 
the harvest of the current year or from the harvest of preceding years. Must and wine 
imported from third countries shall be stated separately. 

Article 103 
Accompanying documents and register 

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

Natural  or  legal  persons  or  groups  of  persons  who  hold  products  covered  by  this 
Regulation  in  the  exercise  of  their  trade,  in  particular  producers,  bottlers  and 
processors, as well as merchants to be determined in accordance with the procedure 
referred to in Article 104(1), shall keep inwards and outwards registers in respect of 
those products. 

Article 104 
Management committee procedure 

Save  as  otherwise  provided  for,  where  competences  are  conferred  upon  the 
Commission in this Regulation, the Commission shall be assisted by a Management 
Committee. 

Articles 4 and 7 of Decision 1999/468/EC shall apply. 

The  period  laid  down  in  Article 4(3)  of  Decision  1999/468/EC  shall  be  set  at  one 
month. 

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2. 

The Committee shall adopt its Rules of Procedure. 

Article 105 
Financial resources 

The measures provided for in Chapter I of Title II and Chapter III of Title V shall constitute 
intervention  to  regulate  agricultural  markets  as  referred  to  in  Article 3(1)(b)  of  Regulation 
(EC)  No 1290/2005,  with  the  exception  of  the  measures  referred  to  in  Article  95  of  this 
in  accordance  with 
Regulation,  which  shall  constitute  direct  payments 
Article 3(1)(c) of Regulation (EC) No 1290/2005. 

to  farmers 

Article 106 
Exchange of information between the Member States and the Commission 

1. 

2. 

Member  States  and  the  Commission  shall  provide  each  other  with  any  information 
necessary  for  the  application  of  this  Regulation,  notably  for  market  monitoring  and 
analysis and for complying with the international obligations concerning the products 
covered by this Regulation. 

Detailed rules shall be adopted in accordance with the procedure referred to in Article 
104(1) to determine what information is necessary for the application of paragraph 1 
of this Article, as well as its form, content, timing and deadlines and the arrangements 
for transmitting or making information and documents available. 

Article 107 
Monitoring 

For  the  purposes  of  applying  this  Regulation,  Member  States  shall  ensure  that  the 
administration  and  control  procedures  are  compatible  with  the  integrated  administration 
control system (IACS) as regards the following elements:  

(a) 

(b) 

the computerised data base;  

the  identification  systems  for  agricultural  parcels  referred  to  in  Article  20(1)  of 
Regulation (EC) No 1782/2003;  

(c) 

the administrative checks.  

Those procedures shall allow, without any problems or conflicts, a common functioning or the 
exchange of data with the IACS.  

Article 108 
Controls and administrative penalties and their reporting 

The following shall be adopted in accordance with the procedure referred to in Article 104(1): 

(a) 

the  rules  concerning  administrative  and  physical  controls  to  be  conducted  by  the 
Member States with regard to the respect of obligations resulting from the application 
of this Regulation; 

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(b) 

(c) 

a system for applying administrative penalties where non-compliances with any of the 
obligations  resulting  from  the  application  of  this  Regulation  is  found,  taking  into 
account the severity, extent, permanence and repetition of the non-compliance found; 

the rules regarding recovery of undue payments resulting from the application of this 
Regulation; 

(d) 

the rules on reporting of the controls carried out as well as their results. 

Article 109 
Designation of responsible national authorities 

1. 

2. 

Member States shall designate one or more authorities which shall be responsible for 
ensuring compliance with Community rules in the wine sector. In particular, Member 
States shall designate the laboratories authorised to carry out official analyses in the 
wine  sector.  The  designated  laboratories  shall  meet  the  general  criteria  for  the 
operation of testing laboratories set out in ISO/IEC 17025. 

Member  States  shall  inform  the  Commission  of  the  names  and  addresses  of  the 
authorities  and  laboratories  referred  to  in  paragraph  1.  The  Commission  shall  make 
this information publicly available. 

Article 110 
Implementing rules 

Detailed  rules  for  the  implementation  of  this  Title  shall  be  adopted  in  accordance  with  the 
procedure referred to in Article 104(1). 

Those rules may in particular include: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

details of the vineyard register provided for in Article 99 and in particular of its use 
concerning monitoring and control of the production potential; 

details  of  the  inventory  provided  for  in  Article 100  and  in  particular  of  its  use 
concerning monitoring and control of the production potential; 

details concerning the measurement of areas; 

sanctions in case of non-compliance with the communication requirements;  

the compulsory declarations provided for in Article 102; 

the accompanying documents and the register provided for in Article 103. 

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TITLE VII 
TRANSITIONAL AND FINAL PROVISIONS 

Chapter I 
Amendments 

Article 111 
Amendments to Regulation (EC) No 2702/1999 

In Article 2 of Regulation (EC) No 2702/1999 point (d) is replaced by the following: 

“(d) 

information  campaigns  on  the  Community  system  covering  wines  with  a  protected 
designation of origin or geographical indication, wines with an indication of the wine 
grape  variety  and  spirit  drinks  with  a  protected  geographical  indication  or  reserved 
traditional indication;” 

Article 112 
Amendments to Regulation (EC) No 2826/2000 

Regulation (EC) No 2826/2000 is amended as follows: 

(1) 

In Article 2, point (d) is replaced by the following: 

“(d)  actions  of  information  on  the  Community  system  covering  wines  with  a 
protected  designation  of  origin  or  geographical  indication,  wines  with  an 
indication  of  the  wine  grape  variety  and  spirit  drinks  with  a  protected 
geographical  indication  or  reserved  traditional  indication  and  actions  of 
information  on  responsible  drinking  patterns  and  harm  linked  to  irresponsible 
alcohol consumption;” 

(2) 

In Article 3, point (e) is replaced by the following: 

“(e) 

the  desirability  of  providing  information  on  the  Community  system  covering 
wines with a protected designation of origin or geographical indication, wines 
with  an  indication  of  the  wine  grape  variety  and  spirit  drinks  with  a 
geographical indication or reserved traditional indication and the need to inform 
on  responsible  drinking  patterns  and  harm  linked  to  irresponsible  alcohol 
consumption;” 

(3) 

In Article 9(2), the following subparagraph is added: 

“The  percentage  provided  for  in  the  first  subparagraph  shall  be  60%  for  measures 
concerning  information  on  responsible  drinking  patterns  and  harm  linked  to 
irresponsible alcohol consumption.” 

Article 113 
Amendments to Regulation (EC) No 1782/2003 

Regulation (EC) No 1782/2003 is amended as follows: 

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(1) 

In Article 33(1), point (a) is replaced by the following: 

“(a) 

they  have  been  granted  a  payment  in  the  reference  period  referred  to  in 
Article 38 under at least one of the support schemes referred to in Annex VI or, 
in  the  case  of  olive  oil,  in  the  marketing  years  referred  to  in  the  second 
subparagraph of Article 37(1) or, in the case of sugar beet, cane and chicory, if 
they have benefited from market support in the representative period referred to 
in point K of Annex VII or, in the case of bananas, if they have benefited from 
compensation  for  loss  of  income  in  the  representative  period  referred  to  in 
point L  of  Annex VII  or,  in  the  case  of  fruit  and  vegetables,  if  they  were 
producers of fruit and vegetable products in the representative period applied by 
Member States for those products pursuant to point M of Annex VII or, in the 
case of wine, if they have received a payment entitlement under Article 96(1) of 
Council Regulation (EC) No [this Regulation]*. 

* 

OJ L [...], …, p. [...].” 

(2) 

In Article 37(1), the following subparagraph is added: 

“For wine the reference amount shall be calculated and adjusted in accordance with 
point N of Annex VII.” 

(3) 

In Article 41, the following paragraph (1b) is added: 

“(1b) In the case of wine and taking into account the latest data made available to it 
by  the  Member  States  in  accordance  with  [Article 92(5)]  of  Regulation  (EC) 
No [this  Regulation],  the  Commission  shall,  in  accordance  with  the  procedure 
referred  to  in  Article 144(2)  of  this  Regulation,  adapt  the  national  ceilings  set 
out in Annex VIII to this Regulation.” 

(4) 

In Article 43(2), the following point is inserted after point (ac): 

“(ad) in  the  case  of  wine,  the  number  of  hectares  as  calculated  in  accordance  with 

point N of Annex VII;” 

(5) 

In Article 44, paragraph 2 is replaced by the following: 

“2. 

“Eligible hectare" shall mean any agricultural area of the holding taken up by 
arable  land  and  permanent  pasture  except  areas  under  forests  or  used  for  non 
agricultural activities.” 

(6) 

Article 51 is replaced by the following: 

“Article 51 
Agricultural use of the land 

Farmers  may  use  the  parcels  declared  in  accordance  with  Article 44(3)  for  any 
agricultural activity.” 

(7) 

In Article 71c, the following paragraph is added: 

“In the case of wine and taking into account the latest data made available to it by the 
Member  States  in  accordance  with  [Article  92(5)]  of  Regulation  (EC)  No  [this 
Regulation],  the  Commission  shall,  in  accordance  with  the  procedure  referred  to  in 

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Article 144(2) of this Regulation, adapt the national ceilings set out in Annex VIIIa to 
this Regulation.” 

(8) 

In Article 145, the following point is inserted after point (d)d): 

“(d)e) detailed rules relating to the inclusion of wine support into the single payment 

scheme in accordance with Regulation (EC) No [this Regulation].” 

(9) 

In the second column of Annex IV, the last indent is replaced by the following indent: 

“–  Maintenance of olive groves and vines in good vegetative condition” 

(10) 

After point M of Annex VII the following point N is added: 

“N.  Wine 

The  number  of  hectares  shall  be  equal  to  the  number  of  hectares  grubbed-up  in 
accordance with Chapter III of Title V of Regulation (EC) No [this Regulation]. 

The reference amount of the payment entitlements to be allocated to each farmer in 
accordance  with  the  grubbing-up  scheme  set  out  in  Regulation  (EC)  No [this 
regulation] shall be equal to the result of the multiplication of the number of hectares 
grubbed-up with the regional average of the value of the payment entitlements of the 
corresponding  region.  However,  the  payable  amount  shall  in  any  case  not  exceed 
EUR 350/ha.” 

Article 114 
Amendments to Regulation (EC) No 1290/2005 

In Article 12 of Regulation (EC) No 1290/2005, paragraph 2 is replaced by the following: 

“2. 

The  Commission  shall  set  the  amounts  which,  pursuant  to  Articles 10(2),  143d 
and 143e of Regulation (EC) No 1782/2003, Article 4(1) of Council Regulation (EC) 
No 387/2007 and Article 17(2) of Council Regulation (EC) No [this Regulation], are 
made available to the EAFRD.” 

Chapter II 
Transitional and final provisions 

Article 115 
Transitional provisions 

In accordance with the procedure referred to in Article 104(1), measures may be adopted: 

(a) 

(b) 

to  facilitate  the  transition  from  the  arrangements  provided  for  in  Regulation  (EC) 
No 1493/1999 to those established by this Regulation; 

where  required,  to  resolve  specific  practical  problems.  Such  measures,  if  duly 
justified, may derogate from certain provisions of this Regulation. 

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Article 116 
Applicability of State aid rules 

Save as otherwise provided for in this Regulation, and in particular with the exception of the 
complementary  national  aids  referred  to  in  Article  97,  Articles  87,  88  and  89  of  the  Treaty 
shall apply to the production of and trade in the products covered by this Regulation. 

Article 117 
Repeal 

Regulation (EC) No 1493/1999 is hereby repealed. However, the following measures set out in 
that  Regulation  shall  continue  to  apply  in  respect  of  the  wine  year  2008/2009  in  so  far  as 
measures eligible under Regulation (EC) No 1493/1999 have been commenced or undertaken 
by producers before the date of entry into force of this Regulation: 

(a) 

(b) 

(c) 

the  measures  under  Chapters  II  and  III  of  Title II  (abandonment  premiums  and 
restructuring and conversion); 

the measures under Title III (market mechanisms); 

the measures under Article 63 of Title VII (exports refunds). 

Article 118 
Entry into force and applicability 

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

It shall apply as from 1 August 2008, with the exception of Articles 5 to 8 which shall apply as 
from 30 April 2008. 

Chapter II of Title V shall apply until 31 December 2013. 

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

Done at Brussels,  

For the Commission 
Member of the Commission 

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ANNEX I 

Definitions 

The following definitions shall apply for the purposes of this Regulation: 

General 

1. 

“Wine year”: means the production year for the products covered by this Regulation. 
It begins on 1 August each year and ends on 31 July of the following year. 

Vine-related 

2. 

3. 

4. 

“Grubbing-up”:  means  the  complete  elimination  of  all  vine  stocks  on  a  parcel 
planted with vines. 

“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. 

“Grafting-on”:  means  the  grafting  of  a  vine  which  has  already  been  subject  to  a 
previous grafting. 

Produce-related 

5. 

6. 

“Fresh  grapes”:  means  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. 

“Fresh grape must with fermentation arrested by the addition of alcohol”: means 
a product which: 

(a) 

(b) 

has  an  actual  alcoholic  strength  by  volume  of  not  less  than  12%  vol.  and  not 
more than 15% vol.; 

is  obtained  by  addition  to  unfermented  grape  must,  which  has  a  natural 
alcoholic  strength  by  volume  of  not  less  than  8.5%  vol.  and  is  exclusively 
derived  from  wine  grape  varieties  referred  to  in  the  first  subparagraph  of 
Article 18(1),: 

– 

– 

of  neutral  alcohol  of  vinous  origin,  including  alcohol  obtained  from  the 
distillation of dried grapes, having an actual alcoholic strength by volume 
of not less than 95% vol.; 

or  of  an  unrectified  product  derived  from  the  distillation  of  wine  and 
having an actual alcoholic strength by volume of not less than 52% vol. 
and not more than 80% vol. 

7. 

“Grape juice”: means the unfermented but fermentable liquid product which: 

(a) 

is obtained by appropriate treatment rendering it fit for consumption as it is;  

EN 

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(b) 

is  obtained  from  fresh  grapes  or  from  grape  must  or  by  reconstitution.  Where 
obtained  by  reconstitution,  it  shall  be  reconstituted  from  concentrated  grape 
must or concentrated grape juice. 

An actual alcoholic strength by volume of the grape juice of not more than 1% vol. is 
permissible. 

8. 

“Concentrated  grape  juice”:  means  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 °C is not less than 50.9%. 

An actual alcoholic strength by volume of the concentrated grape juice of not more 
than 1% vol. is permissible. 

9. 

“Wine lees”: means: 

(a) 

(b) 

(c) 

(d) 

the residue accumulating in vessels containing wine after fermentation, during 
storage or after authorised treatment; 

the  residue  obtained  from  filtering  or  centrifuging  the  product  referred  to  in 
point (a); 

the  residue  accumulating  in  vessels  containing  grape  must  during  storage  or 
after authorised treatment; 

the  residue  obtained  from  filtering  or  centrifuging  the  product  referred  to  in 
point (c). 

10. 

“Grape marc”: means the residue from the pressing of fresh grapes, whether or not 
fermented. 

11. 

“Piquette”: means a product obtained: 

(a) 

by the fermentation of untreated grape marc macerated in water; 

(b)  by leaching fermented grape marc with water. 

12. 

“Wine fortified for distillation”: means a product which: 

(a) 

(b) 

has  an  actual  alcoholic  strength  by  volume  of  not  less  than  18%  vol.  and  not 
more than 24% vol.; 

is obtained exclusively by the addition to wine containing no residual sugar of 
an  unrectified  product  derived  from  the  distillation  of  wine  and  having  a 
maximum actual alcoholic strength by volume of 86% vol.. 

(c) 

has a maximum volatile acidity of 1.5 grams per litre, expressed as acetic acid. 

Alcoholic strength 

13. 

“Actual  alcoholic  strength  by  volume”:  means  the  number  of  volumes  of  pure 
alcohol  contained  at  a  temperature  of  20° C  in  100 volumes  of  the  product  at  that 
temperature. 

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14. 

15. 

16. 

17. 

18. 

19. 

“Potential  alcoholic  strength  by  volume”:  means  the  number  of  volumes  of  pure 
alcohol at a temperature of 20° C capable of being produced by total fermentation of 
the sugars contained in 100 volumes of the product at that temperature. 

“Total  alcoholic  strength  by  volume”:  means  the  sum  of  the  actual  and  potential 
alcoholic strengths. 

“Natural  alcoholic  strength  by  volume”:  means  the  total  alcoholic  strength  by 
volume of a product before any enrichment. 

“Actual  alcoholic  strength  by  mass”:  means  the  number  of  kilograms  of  pure 
alcohol contained in 100 kilograms of product. 

“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. 

“Total  alcoholic  strength  by  mass”:  means  the  sum  of  the  actual  and  potential 
alcoholic strength. 

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ANNEX II 
Budget for support programmes and minimum share for promotion as referred to in Articles 8(1) and 9(5) 

in 1 000 EUR 

Budget 
year 

BG 

CZ 

DE 

EL 

ES 

FR 

IT 

CY 

LU 

HU 

MT 

AT 

PT 

RO 

SI 

SK 

UK 

2009 

2010 

2011 

2012 

2013 

2014 

From 2015 

Total 

of which 
promotion 

Total 

of which 
promotion 

Total 

of which 
promotion 

Total 

of which 
promotion 

Total 

of which 
promotion 

Total 

of which 
promotion 

Total 

of which 
promotion 

13 018 

2 839 

17 874 

2 839 

17 510 

2 839 

17 631 

2 839 

17 389 

2 839 

17 348 

2 839 

17 206 

2 839 

1 672 

19 116 

11 246 

471 

2 245 

471 

2 202 

471 

2 217 

471 

2 188 

471 

2 183 

471 

2 166 

4 692 

2 395 

25 998 

15 468 

4 692 

2 395 

25 482 

15 152 

4 692 

2 395 

25 654 

15 257 

4 692 

2 395 

25 310 

15 046 

4 692 

2 395 

25 253 

15 011 

4 692 

2 395 

25 052 

14 888 

471 

4 692 

2 395 

191 998 

32 276 

268 234 

32 276 

263 721 

32 276 

266 194 

32 276 

262 992 

32 276 

262 942 

32 276 

260 735 

32 276 

153 191 

31 946 

211 042 

31 946 

206 703 

31 946 

208 149 

31 946 

205 257 

31 946 

204 774 

31 946 

203 087 

31 946 

164 385 

29 063 

228 966 

29 063 

224 789 

29 063 

226 717 

29 063 

223 826 

29 063 

223 612 

29 063 

221 737 

29 063 

1 506 

287 

289 

65 

2 086 

393 

289 

65 

2 043 

385 

289 

65 

2 057 

387 

289 

65 

2 028 

382 

289 

65 

2 023 

381 

289 

65 

2 006 

378 

289 

65 

12 432 

2 659 

17 095 

2 659 

16 745 

2 659 

16 862 

2 659 

16 628 

2 659 

16 590 

2 659 

16 454 

2 659 

141 

6 711 

31 504 

22 894 

2 259 

1 497 

133 

37 

1 604 

6 294 

4 329 

557 

465 

19 

191 

9 147 

43 532 

31 752 

3 071 

1 989 

187 

37 

1 604 

6 294 

4 329 

557 

465 

19 

188 

8 965 

42 630 

31 107 

3 010 

1 953 

183 

37 

1 604 

6 294 

4 329 

557 

465 

19 

189 

9 026 

42 930 

31 338 

3 030 

1 965 

184 

37 

1 604 

6 294 

4 329 

557 

465 

19 

186 

8 904 

42 329 

30 905 

2 990 

1 940 

182 

37 

1 604 

6 294 

4 329 

557 

465 

19 

186 

8 883 

42 229 

30 840 

2 983 

1 936 

181 

37 

1 604 

6 294 

4 329 

557 

465 

19 

184 

8 812 

41 878 

30 582 

2 959 

1 922 

180 

37 

1 604 

6 294 

4 329 

557 

465 

19 

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ANNEX III 

Budget allocation for Rural Development measures 

(referred to in Article 17(3)) 

Budget year 

2009 

2010 

2011 

2012 

2013 

in 1 000 EUR

2014 
onwards 

BG 

CZ 

DE 

EL 

ES 

FR 

IT 

CY 

LU 

HU 

MT 

AT 

PT 

RO 

SI 

SK 

UK 

2 024 

3 035 

5 059 

6 071 

7 083 

8 094 

239 

2 868 

1 759 

358 

4 301 

2 639 

597 

7 169 

4 399 

716 

8 603 

5 278 

836 

955 

10 037 

11 470 

6 158 

7 038 

30 361 

45 542 

75 903 

91 084 

106 264 

121 445 

24 104 

36 157 

60 261 

72 313 

84 366 

96 418 

26 132 

39 198 

65 331 

78 397 

91 463 

104 529 

242 

44 

363 

66 

605 

110 

726 

132 

847 

154 

967 

176 

1 943 

2 914 

4 857 

5 829 

6 800 

7 772 

21 

1 015 

5 012 

3 668 

338 

205 

23 

31 

1 523 

7 518 

5 503 

508 

308 

34 

52 

62 

73 

83 

2 538 

3 046 

3 554 

4 061 

12 529 

15 035 

17 541 

20 047 

9 171 

11 005 

12 839 

14 673 

846 

513 

56 

1 015 

1 184 

1 353 

616 

68 

718 

79 

821 

90 

EN 

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ANNEX IV 

Categories of grapevine products 

1. 

Wine 

Wine shall be the product obtained exclusively from the total or partial alcoholic fermentation 
of fresh grapes, whether or not crushed, or of grape must. 

Wine shall: 

(a) 

(b) 

(c) 

have,  whether  or  not  following  application  of  the  processes  specified  in  point B  of 
Annex V, an actual alcoholic strength by volume of not less than 8.5% vol. provided 
that  the  wine  derives  exclusively  from  grapes  harvested  in  wine-growing  zones A 
and B  in  accordance  with  Annex IX,  and  of  not  less  than  9%  vol.  in  other  wine-
growing zones;  

have, by way of derogation from the otherwise applicable minimum actual alcoholic 
strength  by  volume,  where  it  has  a  protected  designation  of  origin  or  geographical 
indication, whether or not following application of the processes specified in point B 
of Annex V, an actual alcoholic strength by volume of not less than 4.5% vol.; 

have a total alcoholic strength by volume of not more than 15% vol. The Commission 
may raise the upper limit for the total alcoholic strength by volume to 20% vol. for 
wines from certain wine-growing areas of the Community which have been produced 
without any enrichment; 

(d) 

have, subject to derogations which may be adopted, a total acidity content, expressed 
as tartaric acid, of not less than 3.5 grams per litre or 46.6 mill equivalents per litre. 

«Retsina»  shall  be  wine  produced  exclusively  in  the  geographical  territory  of  Greece  using 
grape must treated with resin from the Aleppo pine. The use of Aleppo pine resin is permitted 
solely  for  the  purpose  of  obtaining  «Retsina»  wine  under  the  conditions  laid  down  in  the 
Greek provisions applicable. 

2. 

New wine still in fermentation 

New wine still in fermentation shall be the product in which the alcoholic fermentation is not 
yet complete and which is not yet separated from its lees. 

3. 

Liqueur wine 

Liqueur wine shall be the product: 

(a) 

(b) 

which has an actual alcoholic strength by volume of not less than 15% vol. and not 
more than 22% vol.; 

which has a total alcoholic strength by volume of not less than 17.5% vol., except for 
certain  liqueur  wines  with  a  designation  of  origin  or  with  a  geographical  indication 
appearing  on  a  list  to  be  drawn  up  in  accordance  with  the  procedure  referred  to  in 
Article 104(1); 

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(c) 

which is obtained from: 

– 

– 

– 

– 

grape must in fermentation, or 

wine, or 

a combination of the above products, or 

grape  must  or  a  mixture  thereof  with  wine  in  so  far  as  liqueur  wines,  to  be 
determined in accordance with the procedure referred to in Article 104(1), with 
a protected designation of origin or geographical indication are concerned; 

(d) 

which  has  an  initial  natural  alcoholic  strength  by  volume  of  not  less  than  12%  vol. 
excepting  certain  liqueur  wines  with  a  designation  of  origin  or  with  a  protected 
geographical  indication  appearing  on  a  list  to  be  drawn  up  in  accordance  with  the 
procedure referred to in Article 104(1); 

(e) 

to which has been added,  

(i) 

individually or in combination: 

– 

– 

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.; 

wine  or  dried  grape  distillate,  having  an  actual  alcoholic  strength  by 
volume of not less than 52% vol. and not more than 86% vol. 

(ii) 

together with one or more of the following products where appropriate: 

– 

– 

concentrated grape must; 

a combination of one of the products referred to in point (e) with a grape 
must referred to in the first and fourths indent of point (c); 

(f) 

to  which,  by  way  of  derogation  from  point (e),  has  been  added,  in  so  far  as  certain 
liqueur  wines  with  a  protected  designation  of  origin  or  geographical  indication  are 
concerned  which  appear  on  a  list  to  be  drawn  up  in  accordance  with  the  procedure 
referred to in Article 104(1): 

(i) 

either of products listed in point (e)(i) individually or in combination or; 

(ii)  one or more of the following products: 

– 

– 

– 

wine alcohol  or  dried grape alcohol with an actual alcoholic strength by 
volume of not less than 95% vol. and not more than 96% vol.; 

spirits  distilled  from  wine  or  from  grape  marc,  with  an  actual  alcoholic 
strength by volume of not less than 52% vol. and not more than 86% vol.; 

spirits  distilled  from  dried  grapes,  with  an  actual  alcoholic  strength  by 
volume of not less than 52% vol. and of less than 94.5% vol.; 

(iii)  and one or more of the following products, where appropriate: 

– 

– 

partially fermented grape must obtained from raisined grapes; 

concentrated grape must obtained by the action of direct heat, complying, 
with  the  exception  of  this  operation,  with  the  definition  of  concentrated 
grape must; 

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– 

– 

concentrated grape must; 

a  combination  of  one  of  the  products  listed  in  point (f)(ii)  with  a  grape 
must referred to in the first and fourth indents of point (c). 

4. 

Sparkling wine 

Sparkling wine shall be the product: 

(a) 

which is obtained by first or second alcoholic fermentation: 

– 

– 

– 

– 

from fresh grapes, or 

from grape must, or 

from wine, or 

from wines with a protected designation of origin or geographical indication; 

(b) 

(c) 

which,  when  the  container  is  opened,  releases  carbon  dioxide  derived  exclusively 
from fermentation; 

which has an excess pressure, due to carbon dioxide in solution, of not less than 3 bar 
when kept at a temperature of 20 °C in closed containers. 

5. 

Aerated sparkling wine 

Aerated sparkling wine shall be the product which: 

(a) 

(b) 

(c) 

is obtained from wine; 

releases,  when  the  container  is  opened,  carbon  dioxide  derived  wholly  or  partially 
from an addition of that gas; 

has an excess pressure, due to carbon dioxide in solution, of not less than 3 bar when 
kept at a temperature of 20 °C in closed containers. 

6. 

Semi-sparkling wine 

Semi-sparkling wine shall be the product which: 

(a) 

(b) 

(c) 

(d) 

7. 

is  obtained  from  wine  provided  that  such  wine  has  a  total  alcoholic  strength  of  not 
less than 9% vol.; 

has an actual alcoholic strength by volume of not less than 7% vol.; 

has an excess pressure, due to endogenous carbon dioxide in solution of not less than 
1 bar  and  not  more  than  2.5 bar  when  kept  at  a  temperature  of  20 °C  in  closed 
containers; 

is put up in containers of 60 litres or less. 

Aerated semi-sparkling wine 

Aerated semi-sparkling wine shall be the product which: 

(a) 

is obtained from wine, or from wine with a protected designation of origin or with a 
protected geographical indication; 

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(b) 

(c) 

(d) 

8. 

has an actual alcoholic strength of not less than 7% vol. and a total alcoholic strength 
of not less than 9% vol.; 

has an excess pressure of not less than 1 bar and not more than 2.5 bar when kept at a 
temperature of 20 °C in closed containers due to carbon dioxide in solution which has 
been wholly or partially added; 

is put up in containers of 60 litres or less. 

Grape must 

Grape must shall be 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. 

9. 

Grape must in fermentation 

Grape must in fermentation shall be the product obtained from the fermentation of grape must 
which  has  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  wines  with  a  protected 
designation  of  origin  or  with  a  protected  geographical  indication  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. 

10. 

Grape must in fermentation extracted from raisined grapes 

Grape must in fermentation extracted from raisined grapes shall be 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  shall  not  be  less  than  8%  vol.  However,  certain  wines,  to  be 
determined  in  accordance  with  the  procedure  referred  to  in  Article 104(1),  that  meet  these 
requirements  shall  not  be  considered  as  grape  must  in  fermentation  extracted  from  raisined 
grapes. 

11. 

Concentrated grape must 

Concentrated grape must shall be uncaramelised grape must which: 

(a) 

is 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 in accordance with Article 25 at a 
temperature of 20 °C is not less than 50.9%; 

(b) 

is  derived  exclusively  from  classified  wine  grape  varieties  referred  to  in  the  first 
subparagraph of Article 18(1). 

An actual alcoholic strength by volume of the concentrated grape must of not more than 1% 
vol. is permissible. 

12. 

Rectified concentrated grape must 

Rectified concentrated grape must shall be the liquid uncaramelised product which: 

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(a) 

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  in  accordance  with  Article 25  at  a 
temperature of 20 °C is not less than 61.7%; 

(b) 

has  undergone  authorised 
constituents other than sugar; 

treatment  for  de-acidification  and  elimination  of 

(c) 

has the following characteristics: 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

a pH of not more than 5 at 25 ° Brix; 

an optical density at 425 nm for a thickness of 1 cm of not more than 0.100 in 
grape must concentrated at 25 ° Brix; 

a sucrose content undetectable by a method of analysis to be defined; 

a Folin-Ciocalteu index of not more than 6.00 at 25 ° Brix; 

a  titratable  acidity  of  not  more  than  15  mill  equivalents  per  kilogram  of  total 
sugars; 

a sulphur dioxide content of not more than 25 milligrams per kilogram of total 
sugars; 

a total cation content of not more than 8 mill equivalents per kilogram of total 
sugars; 

a conductivity at 25 ° Brix and 20 °C of not more than 120 micro-Siemens/cm; 

a  hydroxymethylfurfural  content  of  not  more  than  25 milligrams  per  kilogram 
of total sugars; 

presence of mesoinositol; 

(d) 

is derived exclusively from the classified wine grape varieties referred to in the first 
subparagraph of Article 18(1); 

An  actual  alcoholic  strength  by  volume  of  the  rectified  concentrated  grape  must  of 
not more than 1% vol. is permissible. 

13. 

Wine of overripe grapes 

Wine of overripe grapes shall be a product which: 

(a) 

(b) 

(c) 

is  produced  in  the  Community,  without  enrichment,  from  grapes  harvested  in  the 
Community, coming from the wine grape varieties set out in the first subparagraph of 
Article 18(1); 

has a natural alcoholic strength of more than 15% vol.; 

has  a  total  alcoholic  strength  of  not  less  than  16%  vol.,  and  an  actual  alcoholic 
strength of not less than 12% vol. 

Member States may prescribe a period of ageing for this product. 

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14. 

Wine vinegar 

Wine vinegar shall be vinegar which: 

(a) 

(b) 

is obtained exclusively by acetous fermentation of wine; 

has a total acidity of not less than 60 grams per litre expressed as acetic acid. 

EN 

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Enrichment, acidification and de-acidification in certain wine growing zones 

ANNEX V 

Enrichment limits 

Where climatic conditions have made it necessary in certain wine-growing zones of 
the  Community  in  accordance  with  Annex IX,  the  Member  States  concerned  may 
allow to supplement the natural alcoholic strength by volume of fresh grapes, grape 
must, grape must in fermentation, new wine still  in  fermentation and wine obtained 
from the wine grape varieties referred to in the first subparagraph of Article 18(1). 

The increase in natural alcoholic strength by volume shall be achieved by means of 
the  oenological  practices  referred  to  in  point B  and  shall  not  exceed  the  following 
limits: 

(a) 

2% vol. in wine-growing zones A and B in accordance with Annex IX; 

(b)  1% vol. in wine-growing zones C in accordance with Annex IX.  

In  years  when  climatic  conditions  have  been  exceptionally  unfavourable  and  in 
accordance with the procedure referred to in Article 104(1), the limits on increases in 
the alcoholic strength by volume provided for in point 2 may be raised to the level of 
3% vol. in wine-growing zones A and B in accordance with Annex IX. 

Enrichment processes 

The  increase  in  natural  alcoholic  strength  by  volume  provided  for  in  point A  shall 
only be effected: 

(a) 

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

(b) 

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

(c) 

in respect of wine, by partial concentration through cooling. 

The processes referred to in point 1 shall be mutually exclusive. 

The concentration of grape must or of wine subjected to the processes referred to in 
point 1: 

(a) 

(b) 

shall  not  have  the  effect  of  reducing  the  initial  volume  of  these  products  by 
more than 20%; 

shall, notwithstanding point A(2)(b), not increase the natural alcoholic strength 
by volume of these products by more than 2% vol. 

The processes referred to in points 1 and 3 shall not raise the total alcoholic strength 
by volume of the fresh grapes, grape must, grape must in fermentation, new wine still 
in fermentation, or wine: 

A. 

1. 

2. 

3. 

B. 

1. 

2. 

3. 

4. 

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(a) 

in wine-growing zone A in accordance with Annex IX to more than 11.5% vol.,  

(b) 

in wine-growing zone B in accordance with Annex IX to more than 12% vol.,  

(c) 

(d) 

(e) 

in wine-growing zones C I (a) and C I (b) in accordance with Annex IX to more 
than 12.5% vol., 

in wine-growing zone C II in accordance with Annex IX to more than 13% vol., 
and  

in wine-growing zone C III in accordance with Annex IX to more than 13.5% 
vol. 

5. 

By way of derogation from point 4, Member States may 

(a) 

(b) 

for  red wine  raise the upper limit of total alcoholic strength  by  volume  of  the 
products referred to in point 4 to 12% vol. in wine-growing zone A and 12.5% 
vol. in wine-growing zone B in accordance with Annex IX; 

raise the total alcoholic strength by volume of the products referred to in point 4 
for the production of wines with a designation of origin in wine-growing zones 
A and B to a level to be determined by Member States. 

Acidification and de-acidification 

Fresh grapes, grape must, grape must in fermentation, new wine still in fermentation 
and wine may be subject to: 

(a) 

(b) 

partial  de-acidification  in  wine-growing  zones A,  B,  C I (a)  and  C I (b)  in 
accordance with Annex IX; 

acidification  and  de-acidification  in  wine-growing  zones C II  and  C III (a)  in 
accordance with Annex IX, without prejudice to point 7; or 

(c) 

acidification in wine-growing zone C III (b) in accordance with Annex IX. 

Acidification of the products, other than wine, referred to in point 1 may be carried 
out only up to a limit of 1.50 g/l expressed as tartaric acid, or 20 mill equivalents per 
litre. 

Acidification of wines may be carried out only up to a limit of 2.50 g/l expressed as 
tartaric acid, or 33.3 mill equivalents per litre. 

De-acidification of wines may be carried out only up to a limit of 1 g/l expressed as 
tartaric acid, or 13.3 mill equivalents per litre. 

Grape must intended for concentration may be partially de-acidified. 

In  years  when  climatic  conditions  have  been  exceptional,  Member  States  may 
authorise acidification of the products referred to in point 1 in wine-growing zones B, 
C I (a) and C I (b) in accordance with Annex IX, under the conditions referred to in 
point 1 of this Annex as regards zones C II, C III (a) and C III (b) in accordance with 
Annex IX. 

C. 

1. 

2. 

3. 

4. 

5. 

6. 

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7. 

D. 

1. 

2. 

3. 

4. 

5. 

6. 

Acidification and enrichment, except by way of derogation to be decided on case by 
case,  and  acidification  and  de-acidification  of  one  and  the  same  product  shall  be 
mutually exclusive processes. 

Processes 

None  of  the  processes  referred  to  in  points B  and  C,  with  the  exception  of  the 
acidification  and  de-acidification  of  wines,  shall  be  authorised  unless  carried  out, 
under  conditions  to  be  determined  in  accordance  with  the  procedure  referred  to  in 
Article 104(1) of this Regulation, at the time when the fresh grapes, grape must, grape 
must in fermentation or new wine still in fermentation are being turned into wine or 
into  any  other  beverage  intended  for  direct  human  consumption  referred  to  in 
Article 1(1) other than sparkling wine or aerated sparkling wine in the wine-growing 
zone where the fresh grapes used were harvested. 

The concentration of wines shall take place in the wine-growing zone where the fresh 
grapes used were harvested. 

Acidification and de-acidification of wines shall 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. 

Each  of  the  processes  referred  to  in  points  1,  2  and  3  shall  be  notified  to  the 
competent  authorities.  The  same  shall  apply  in  respect  of  the  quantities  of 
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 in accordance with the 
procedure  referred  to  in  Article  104(1),  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. 

Each of the processes referred to in point C shall be recorded on the accompanying 
document, as provided for in Article 103, under cover of which the products having 
undergone the processes are put into circulation. 

Those processes, subject to derogations justified by exceptional climatic conditions, 
shall not be carried out: 

(a) 

in wine-growing zone C in accordance with Annex IX after 1 January; 

(b) 

in wine-growing zones A and B in accordance with Annex IX after 16 March; 
and 

they shall be carried out only for products of the grape harvest immediately preceding 
those dates. 

7. 

Notwithstanding  point  6,  concentration  by  cooling  and  acidification  and  de-
acidification of wines may be practised throughout the year. 

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ANNEX VI 

Restrictions 

A. 

1. 

2. 

3. 

B. 

1. 

2. 

3. 

4. 

5. 

General 

All authorised oenological practises shall exclude the addition of water, except where 
required on account of a specific technical necessity. 

All authorised oenological practises shall exclude the addition of alcohol, except for 
practices  related  to  obtaining  fresh  grape  must  with  fermentation  arrested  by  the 
addition  of  alcohol,  liqueur  wine,  sparkling  wine,  wine  fortified  for  distillation  and 
semi-sparkling wine. 

Wine fortified for distillation shall only be used for distillation. 

Fresh grapes, grape must and grape juice 

Fresh grape must in which fermentation is arrested by the addition of alcohol shall be 
used  only  during  the  stage  of  preparation  of  products  which  do  not  fall  under  CN 
codes  2204 10,  2204 21  and  2204 29.  This  is  without  prejudice  to  any  stricter 
provisions  which  Member  States  may  apply  to  the  preparation  in  their  territory  of 
products which do not fall under CN codes 2204 10, 2204 21 and 2204 29. 

Grape  juice  and  concentrated  grape  juice  shall  not  be  made  into  wine  or  added  to 
wine.  They  shall  not  undergo  alcoholic  fermentation  in  the  territory  of  the 
Community.  

The  provisions  of  points  1  and  2  shall  not  apply  to  products  intended  for  the 
production, in the United Kingdom, Ireland and in Poland, of products falling within 
CN code 2206 00 for which Member States may allow the use of a composite name 
including the sales designation “wine”. 

Grape must in fermentation extracted from raisined grapes, shall 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  for  the  manufacture  of  wine  of 
overripe grapes. 

Subject  to  any  different  decision  the  Council  may  take  in  accordance  with  the 
international obligations of the Community, fresh grapes, grape must, grape must in 
fermentation, concentrated grape must, rectified concentrated grape must, grape must 
with  fermentation  arrested  by  the  addition  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. 

C. 

Blending of wines 

Subject  to  any  different  decision  the  Council  may  take  in  accordance  with  the  international 
obligations  of  the  Community,  coupage  of  a  wine  originating  in  a  third  country  with  a 
Community wine and coupage between wines originating in third countries shall be prohibited 
in the Community. 

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D. 

1. 

2. 

3. 

4. 

5. 

By-products 

Over-pressing  of  grapes  shall  be  prohibited.  Member  States  shall  decide,  taking 
account  of  local  and  technical  conditions,  the  minimum  quantity  of  alcohol,  which 
shall in any case be higher than zero that shall be contained in the marc and the lees 
after pressing of the grapes. 

Except  for  alcohol,  spirits  and  piquette,  wine  or  any  other  beverage  intended  for 
direct human consumption shall not be produced from wine lees or grape marc.  

The  pressing of wine  lees  and  the  re-fermentation  of  grape  marc  for  purposes  other 
than distillation or production of piquette is prohibited. Filtering and centrifuging of 
wine  lees  shall  not  be  considered  as  pressing  where  the  products  obtained  are  of 
sound, genuine and merchantable quality. 

Piquette, where its production is authorised by the Member State concerned, shall be 
used only for distillation or for consumption in wine-producers’ households.  

Any  natural  or  legal  persons  or  groups  of  persons  who  hold  by-products  shall  be 
required  to  dispose  of  them  under  supervision  and  subject  to  conditions  to  be 
determined in accordance with the procedure referred to in Article 104(1). 

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ANNEX VII 

Budget for grubbing-up scheme 

The budget available for the grubbing-up scheme referred to in Article 92(3) shall be: 

(a) 

(b) 

(c) 

(d) 

(e) 

for the wine year 2008/2009 (2009 budget year): EUR 430 million 

for the wine year 2009/2010 (2010 budget year): EUR 287 million 

for the wine year 2010/2011 (2011 budget year): EUR 184 million 

for the wine year 2011/2012 (2012 budget year): EUR 110 million 

for the wine year 2012/2013 (2013 budget year): EUR 59 million 

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ANNEX VIII 

Areas which Member States may declare ineligible for the grubbing-up scheme 

(referred to in Article 94(1) and (3)) 

in ha 

Member State 

Total area  
planted with vines 

Areas referred to in 
Article 94(3) 

BG 

CZ 

DE 

EL 

ES 

FR 

IT 

CY 

LU 

HU 

MT 

AT 

PT 

RO 

SI 

SK 

UK 

135.760 

19.081 

102.432 

66.682 

1.099.765 

879.859 

730.439 

13.068 

1.299 

85.260 

910 

50.681 

238.831 

178.101 

16.704 

21.531 

793 

2.715 

382 

2.049 

1.334 

21.995 

17.597 

14.609 

261 

26 

1.705 

18 

1.014 

4.777 

3.562 

334 

431 

16 

EN 

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ANNEX IX 

Wine-growing zones 

The wine-growing zones  to  which  reference is made  in  Annex IV  and  Annex V  shall  be  the 
following: 

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, Denmark, Ireland, the Netherlands, Poland, Sweden and the United 
Kingdom: the wine-growing areas of these countries; 

(d) 

in the Czech Republic: the wine growing region of Čechy. 

2. 

Wine-growing zone B comprises: 

(a) 

in Germany, the areas under vines in the specified region Baden; 

(b) 

in France, the areas under vines in the departments not mentioned in this Annex 
and in the following departments: 

– 

– 

– 

– 

– 

– 

in Alsace: Bas-Rhin, Haut-Rhin; 

in Lorraine: Meurthe-et-Moselle, Meuse, Moselle, Vosges; 

in Champagne: Aisne, Aube, Marne, Haute-Marne, Seine-et-Marne; 

in the Jura: Ain, Doubs, Jura, Haute-Saône; 

in Savoie: Savoie, Haute-Savoie, Isère (Commune de Chapareillan); 

in  the  Val  de  Loire:  Cher,  Deux-Sèvres,  Indre,  Indre-et-Loire,  Loir-et-
Cher,  Loire-Atlantique,  Loiret,  Maine-et-Loire,  Sarthe,  Vendée,  Vienne, 
and the areas planted with vines in the arrondissement of Cosne-sur-Loire 
in the department of Nièvre; 

(c) 

in Austria, the Austrian wine-growing area; 

(d) 

(e) 

in the Czech Republic, the wine-growing region of Morava and the areas under 
vines not included in point 1(d); 

in Slovakia, the wine-growing areas of the Small Carpathians, South Slovakia, 
Nitra,  Central  Slovakia  and  East  Slovakia  and  the  wine  growing  areas  not 
included in point 3; 

(f) 

in Slovenia, the areas under vines in the following regions:  

– 

in the Podravje region: ljutomerskoormoški vinorodni okoliš, mariborski 
vinorodni okoliš, radgonskokapelski vinorodni okoliš, šmarsko-virštajnski 
vinorodni  okoliš,  vinorodni  okoliš  Haloze,  prekmurski  vinorodni  okoliš, 
vinorodni okoliš Srednje Slovenske gorice; 

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– 

in  the  Posavje  region:  bizeljsko-sremiški  vinorodni  okoliš,  vinorodni 
okoliš Bela krajina, vinorodni okoliš Dolenjska, and the areas under vines 
in the regions not included in point 5(d); 

(g) 

in Romania, in the area of Podișul Transilvaniei. 

3. 

Wine-growing zone C I (a) comprises: 

(a) 

in France, areas planted with vines: 

– 

– 

– 

in  the  following  departments:  Allier,  Alpes-de-Haute-Provence,  Hautes-
Alpes,  Alpes-Maritimes,  Ariège,  Aveyron,  Cantal,  Charente,  Charente-
Maritime, Corrèze, Côte-d'Or, Dordogne, Haute-Garonne, Gers, Gironde, 
Isère (with the exception of the commune of Chapareillan), Landes, Loire, 
Haute-Loire,  Lot,  Lot-et-Garonne,  Lozère,  Nièvre  (except  for  the 
arrondissement of Cosne-sur-Loire), Puy-de-Dôme, Pyrénées-Atlantiques, 
Hautes-Pyrénées,  Rhône,  Saône-et-Loire,  Tarn,  Tarn-et-Garonne,  Haute-
Vienne, Yonne; 

in  the  arrondissements  of  Valence  and  Die  in  the  department  of  Drôme 
(except for the cantons of Dieulefit, Loriol, Marsanne and Montélimar); 

in  the  arrondissement  of  Tournon,  in  the  cantons  of  Antraigues,  Buzet, 
Coucouron,  Montpezat-sous-Bauzon,  Privas,  Saint-Etienne  de  Lugdarès, 
Saint-Pierreville, Valgorge and la Voulte-sur-Rhône of the department of 
Ardèche; 

(b) 

(c) 

in Spain, areas under vines in the provinces of A Coruña, Asturias, Cantabria, 
Guipúzcoa and Vizcaya; 

in Portugal, areas planted with vines in that part of the region of Norte which 
corresponds  to  the  designated  wine  area  of  ‘Vinho  Verde’  as  well  as  the 
‘Concelhos  de  Bombarral,  Lourinhã,  Mafra  e  Torres  Vedras’  (with  the 
exception of ‘Freguesias da Carvoeira e Dois Portos’), belonging to the ‘Região 
viticola da Extremadura’; 

(d) 

in Slovakia, the Tokay region; 

(e) 

in Romania, areas planted with vines not included in points 2(g) or 5(f). 

4. 

Wine-growing zone C I (b) comprises: 

(a) 

in  Italy,  areas  planted  with  vines  in  the  Valle  d'Aosta  region  and  in  the 
provinces of Sondrio, Bolzano, Trento and Belluno; 

(b) 

in Hungary, all areas planted with vines.  

5. 

Wine-growing zone C II comprises: 

(a) 

in France, areas planted with vines: 

– 

– 

in  the  following  departments:  Aude,  Bouches-du-Rhône,  Gard,  Hérault, 
Pyrénées-Orientales  (except  for  the  cantons  of  Olette  and  Arles-sur-
Tech), Vaucluse; 

in the part of the department of Var bounded in the south by the northern 
limit  of  the  communes  of  Evenos,  Le  Beausset,  Solliès-Toucas,  Cuers, 

EN 

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Puget-Ville,  Collobrières,  La  Garde-Freinet,  Plan-de-la-Tour  and  Sainte-
Maxime; 

in  the  arrondissement  of  Nyons  and  the  cantons  of  Dieulefit,  Loriol, 
Marsanne and Montélimar in the department of Drôme; 

in those parts of the department of Ardèche not listed in point 3(a); 

– 

– 

(b) 

in Italy, areas planted with 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, areas planted with vines in the following provinces: 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

Lugo, Orense, Pontevedra, 

Ávilla  (except  for  the  communes  which  correspond  to  the  designated 
wine  ‘comarca’  of  Cebreros),  Burgos,  León,  Palencia,  Salamanca, 
Segovia, Soria, Valladolid, Zamora, 

La Rioja; 

Álava; 

Navarra; 

Huesca; 

Barcelona, Girona, Lleida; 

in that part of the province of Zaragoza which lies to the north of the river 
Ebro;  

in those communes of the province of Tarragona included in the Penedés 
designation of origin; 

in  that  part  of  the  province  of  Tarragona  which  corresponds  to  the 
designated wine ‘comarca’ of Conca de Barberá; 

(d) 

(e) 

(f) 

in Slovenia, areas planted with vines in the Primorska region: vinorodni okoliš 
Goriška Brda,  vinorodni okoliš  Vipavska dolina, koprski vinorodni okoliš and 
vinorodni okoliš Kras; 

in  Bulgaria,  areas  planted  with  vines  in  the  following  regions:  Dunavska 
Ravnina  (Дунавска  равнина),  Chernomorski  Rayon  (Черноморски  район), 
Rozova Dolina (Розова долина); 

in  Romania,  areas  planted  with  vines  in  the  following  regions:  Dealurile 
Buzăului,  Dealu  Mare,  Severinului  and  Plaiurile  Drâncei,  Colinele  Dobrogei, 
Terasele  Dunării,  the  South  wine  region  including  sands  and  other  favourable 
regions. 

6. 

Wine-growing zone C III (a) comprises: 

(a) 

in  Greece,  areas  planted  with  vines  in  the  following  nomoi:  Florina,  Imathia, 
Kilkis,  Grevena,  Larisa,  Ioannina,  Levkas,  Akhaia,  Messinia,  Arkadia, 

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Korinthia,  Iraklio,  Khania,  Rethimni,  Samos,  Lasithi  and  the  island  of  Thira 
(Santorini); 

(b) 

in Cyprus, areas planted with vines located at altitudes exceeding 600 metres; 

(c) 

in Bulgaria, areas planted with vines not included in point 5(e). 

7. 

Wine-growing zone C III (b) comprises: 

(a) 

in France, areas planted with vines: 

– 

– 

– 

in the departments of Corsica; 

in that part of the department of Var situated between the sea and a line 
bounded  by  the  communes  (which  are  themselves  included)  of  Evenos, 
Le Beausset, Solliès-Toucas, Cuers, Puget-Ville, Collobrières, La Garde-
Freinet, Plan-de-la-Tour and Sainte-Maxime; 

in  the  cantons  of  Olette  and  Arles-sur-Tech  in  the  department  of 
Pyrénées-Orientales; 

(b) 

in Italy, areas planted with 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, areas planted with vines not listed in point 6; 

(d) 

in Spain: areas planted with vines not included in 3(b) or 5(c); 

(e) 

(f) 

in  Portugal,  areas  planted  with  vines  in  the  regions  not  included  in  wine-
growing zone C I (a); 

in  Cyprus,  areas  planted  with  vines  located  at  altitudes  not  exceeding 
600 metres; 

(g) 

in Malta, areas planted with vines. 

8. 

The  demarcation  of  the  territories  covered  by  the  administrative  units  referred  to  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, for 
Portugal, from the national provisions in force on 1 March 1998. 

EN 

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FINANCIAL STATEMENT 

1. 

2. 

3. 

4. 

BUDGET HEADING: 
05 02 09  
05 02 10 01 

APPROPRIATIONS (EUR Mio): 

2007:
2007:

1 487 
38 

2008 
2008: 

1 377 (PDB)
38 (PDB)

TITLE: 
Proposal  for  a  Council  Regulation  on  the  common  organisation  of  the  market  in  wine  and  amending 
certain Regulations 

LEGAL BASIS: 
Articles 36 and 37 of the Treaty. 
AIMS: 
The objectives of this reform are to: 
–  increase the competitiveness of the EU wine producers; strengthen the reputation of EU quality wine 

as the best in the world; recover old markets and win new ones in the EU worldwide; 

–  create a wine regime that operates through clear, simple rules – effective rules that balance supply and 

demand: 

–  create  a  wine  regime  that  preserves  the  best  traditions  of  EU  wine  production,  reinforces  the  social 

fabric of many rural areas, and ensures that all production respects the environment. 

5. 

FINANCIAL IMPLICATIONS 

5.0 

CHARGED TO THE EC BUDGET 

EXPENDITURE 
– 
(REFUNDS/INTERVENTIONS) 
– 
– 

NATIONAL AUTHORITIES 
OTHER 

12 MONTH 
PERIOD 

(EUR million) 
– 

CURRENT 
FINANCIAL 
YEAR 2007 
(EUR million) 
– 

FOLLOWING 
FINANCIAL 
YEAR 2008 
(EUR million) 
– 

5.1  REVENUE 

– 

– 

– 

OWN RESOURCES OF THE EC  

– 
(LEVIES/CUSTOMS DUTIES) 
– 

NATIONAL 

5.0.1  ESTIMATED EXPENDITURE 
5.1.1  ESTIMATED REVENUE 
5.2  METHOD OF CALCULATION: 

2009 
p.m. 

2010 
p.m. 

2011 
p.m. 

2012 
p.m. 

The  annual  cost  of  the  reform  proposal,  including  the  transfer  to  rural  development,  is  estimated  at 
€1,3 bln that is the level of expenditure under the status-quo scenario. 
The  status-quo  scenario  is  established  taking  into  account  the  Olympic  average  of  budget  expenditure 
2001/2005  (5  years  of  which  the  extremes  are  not  taken  into  account)increased  in  order  to  take  into 
account the enlargement to Bulgaria and Romania. 
The details of the budgetary cost of the reform are presented in the attached annex. 
6.0  CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE 

RELEVANT CHAPTER OF THE CURRENT BUDGET? 

6.1  CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF 

THE CURRENT BUDGET? 

6.2  WILL A SUPPLEMENTARY BUDGET BE NECESSARY? 
6.3  WILL APPROPRIATIONS NEED TO BE ENTERED IN FUTURE BUDGETS? 
OBSERVATIONS: 
– 

YES NO 

YES NO 
YES NO 
YES NO 

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200 000 ha and premium decrease of 20% yearly 
number of ha based on 30% of total 1st year and decrease 5%/year 

B-2009  B-2010  B-2011  B-2012  B-2013 

ANNEX TO THE FINANCIAL STATEMENT 

A. Measures operating at CMO level 

1. reactivated grubbing up scheme (total: 200 000 ha) 

grubbing-up average premium
indicative area grubbed up & inserted into SPS
sub-total grubbing up yearly budgetary maximum cost

€/ha 
ha 
€mio 

7 174 
60 000 
430 

5 739
50.000
287

4 591
40 000
184

3 673
30 000
110

2 938
20 000
59

2. residual expenditures for phasing out of EU market measures 

estimated amount 

€mio 

147 

p.m. 

p.m. 

p.m. 

3. financing of the national envelope 

maximum amount of the national envelope
of which minimum amount for promotion
total maximum amount of the national envelope
percentage of promotion in national envelope

total of the measures operating at CMO level 

B. Decoupled direct payment to be added to Annex VII 

maximum premium
cumulative estimated area
sub-total yearly budget cost

€mio 
€mio 
€mio 
% 

€mio 

€/ha 
ha 
€mio 

634 
120 
634 

858
120
858
18,93%  13,65% 13,90% 13,79% 13,99%

870
120
870

863
120
863

879
120
879

1 211 

1 166 

1 047 

980 

917 

350

350

350
60 000 110 000 150 000
52,5

38,5

21

Total of the measures financed under the "first pillar" of the 
agricultural policy 

€mio 

1 211 

1 166 

1 068 

1 019 

969 

C. Transfer to rural development for wine producing regions 

€mio 

100 

150 

250 

300 

350 

TOTAL(A+B+C) 

€mio 

1 311 

1 316 

1 318 

1 319 

1 319 

D. Information (amendment to Council Regulation (EC) No 2826/2000) 

€mio 

+3 

+3 

+3 

+3 

+3 

National envelope will amount to €857 mio for B2014 and €850 mio for B2015 and following years 
Decoupled direct payment is estimated at €63 mio for B2014 and €70 mio for B2015 and following years 
Transfer to rural development will amount to €400 mio for B2014 and following years. 

The  amounts  for  2014  and  beyond  are  indicative  and  subject  to  decisions  to  be  taken  for  the  new  financial  programming  period  beyond  2013.  However,  certain  legal  obligations  entailing  expenditure  already 
undertaken prior to that date have to be respected. 

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