Council Regulation (EC) No 479/2008 of 29 April 2008 on the common organisation of the market in wine, amending Regulations (EC) No 1493/1999, (EC) No 1782/2003, (EC) No 1290/2005, (EC) No 3/2008 and repealing Regulations (EEC) No 2392/86 and (EC) No 1493/1999
Date: 2008-04-29
Institutions: Council of the European Union
Subjects: common organisation of markets, viticulture, wine

6.6.2008

EN

Official Journal of the European Union

L 148/1

I

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

REGULATIONS

COUNCIL REGULATION (EC) No 479/2008

of 29 April 2008

on the common organisation of the market in wine, amending Regulations (EC) No 1493/1999, (EC)
No 1782/2003, (EC) No 1290/2005, (EC) No 3/2008 and repealing Regulations (EEC) No 2392/86 and
(EC) No 1493/1999

TITLE I

INTRODUCTORY PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TABLE OF CONTENTS

TITLE II

SUPPORT MEASURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter I

Support programmes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 1

Introductory Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 2

Submission and content of support programmes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 3

Specific support measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 4

General provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter II

Financial transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE III

REGULATORY MEASURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter I

General rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter II

Oenological practices and restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter III

Designations of origin, geographical indications and traditional terms . . . . . . . . . . . . . . . . . . . . . .

Chapter IV

Designations of origin and geographical indications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 1

Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 2

Application For protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 3

Procedure conferring protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 4

Specific cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 5

Protection and control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 6

General provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

9

9

9

10

11

14

14

15

15

16

17

17

17

18

19

20

21

22

L 148/2

EN

Official Journal of the European Union

6.6.2008

Chapter V

Traditional terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter VI

Labelling and presentation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter VII

Producer and inter-branch organisations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE IV

TRADE WITH THIRD COUNTRIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter I

Common provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter II

Import and export licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter III

Safeguard and inward and outward processing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter IV

Rules applying to imports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE V

PRODUCTION POTENTIAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter I

Unlawful plantings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter II

Transitional planting right regime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter III

Grubbing-up scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23

23

25

27

27

27

28

29

30

30

31

33

TITLE VI

GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

36

TITLE VII

AMENDMENTS, TRANSITIONAL AND FINAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter I

Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter II

Transitional and final provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

38

38

40

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, 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 (1),

Having regard to the opinion of the European Economic and
Social Committee (2),

Whereas:

(1)

The Community regime applying to the wine sector is laid
down in Council Regulation (EC) No 1493/1999 of 17 May
1999 on the common organisation of
in
wine (3) and its implementing regulations.

the market

(2) Wine consumption in the Community has been steadily
diminishing and the volume of wine exported from the

(1) Opinion of 12 December 2007 (not yet published in the Official

Journal).

(2) Opinion of 12 December 2007 (not yet published in the Official

Journal).

(3) OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Regulation

(EC) No 1234/2007 (OJ L 299, 16.11.2007, p. 1).

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) Not all the instruments currently included in Regulation
(EC) No 1493/1999 have proved effective in steering the
wine sector towards a competitive and sustainable devel-
opment. The market mechanism measures have often
proved mediocre in terms of cost effectiveness to the extent
that they have encouraged structural surpluses without
requiring structural improvements. Moreover, some of the
existing regulatory measures have unduly constrained the
activities of competitive producers.

(4)

Thus the current legal framework does not appear to enable
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 con-
cerned, to be attained in a sustainable manner.

(5)

In the light of
is therefore
appropriate fundamentally to change the Community
regime applying to the wine sector with a view to achieving

the experience gained it

6.6.2008

EN

Official Journal of the European Union

L 148/3

the following objectives: increasing the competitiveness of
the Community's wine 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 produc-
tion, 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 Regulation.

(6)

(7)

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 2006 along
with an impact assessment listing a number of options for a
reform of the wine 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.

(8) Council Regulation (EC) No 1234/2007 of 22 October
2007 establishing a common organisation of agricultural
markets and on specific provisions for certain agricultural
products (Single CMO Regulation) (1) should eventually
cover the wine sector as well. The Single CMO Regulation
includes provisions of a horizontal nature, in particular on
trade with third countries, competition rules, controls and
penalties, exchange of information between the Commis-
sion and the Member States. To allow for easy future
incorporation into the Single CMO Regulation,
the
provisions of this Regulation dealing with these horizontal
issues should be aligned as much as possible on those
contained in the Single CMO Regulation.

(9)

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 Commu-
nity,
to Member States to select the
appropriate set of measures to meet the needs of their
regional bodies, taking their particularities into account,

it should be left

(1) OJ L 299, 16.11.2007, p. 1. Regulation as last amended by

Regulation (EC) No 248/2008 (OJ L 76, 19.3.2008, p. 6).

where necessary, as well as to integrate them into national
support programmes. Member States should be responsible
for the implementation of such programmes.

(10) The financial key to allocating the funds for the national
support programmes among Member States should be
related to the historical share of the wine budget as the
the area planted with vines and the
main criterion,
historical production. However, this key should be adjusted
with respect to situations where using the historical share of
the wine budget as the main criterion would lead to an
undue distribution of the funds.

(11) One key measure eligible for national support programmes
should be the promotion and marketing of Community
wines in third countries. Restructuring and conversion
activities should continue to be covered on account of their
positive structural effects on the wine sector. Support
should also be available for investments in the wine sector
economic
which are geared towards
performance of the enterprises as such. Support for by-
product distillation should be a measure available to
Member States which desire to use such an instrument to
ensure the quality of wine, while preserving the environ-
ment.

improving the

(12) Preventive instruments such 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.

justified so as

(13) Keeping some traditional measures for a transitional period
to alleviate the otherwise abrupt
is
termination of the usual market measures so far financed
through Community funds. The measures concerned are
support for potable alcohol distillation, support for crisis
distillation and support for the use of concentrated grape
must.

(14) Lastly,

for various reasons Member States may prefer
granting decoupled aid under the Single Payment Scheme
to farmers. This possibility should therefore be open to
Member States, and because of the particularities of the
Single Payment Scheme any such transfer should be
irreversible and reduce correspondingly the budget avail-
able for the national support programmes in subsequent
years.

(15) 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. Any non-compliance detected should give rise to
corresponding reductions in payments.

L 148/4

EN

Official Journal of the European Union

6.6.2008

(16) Support

for

the wine 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) (1).

(17) The following measures 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' orga-
nisations after entering quality schemes, agri-environment
support, early retirement to be granted to farmers who
farming activity for the
decide to stop all commercial
purpose of transferring the holding to other farmers.

(18)

In order to increase 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 where the relevant amounts are sufficiently impor-
tant.

(19) Certain regulatory measures should apply in the wine
in particular for reasons of health, quality and

sector,
consumer expectations.

(20) Member States producing more than 50 000 hectolitres per
year 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.

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

(22) 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, keeping those
practices updated and approving new ones should be taken
care of at the level of implementing measures except in the
politically sensitive areas of enrichment and acidification,
for which the Council should remain competent as regards
changes.

(23)

Increasing the alcohol content of wine should be subject to
certain limits and should, where applied, be carried out by
adding concentrated grape must or rectified concentrated
grape must
to wine or sucrose where this has been
permitted. The limits on permitted enrichment increments
should be made stricter than has been the case to date.

(24)

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

(25)

In order to meet the international standards in this field, the
Commission should as a general rule base itself on the
oenological practices recommended by the International
Organisation of Vine and Wine (OIV).

(26) 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. Similarly, 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.

(27) 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 food-
stuffs 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 foodstuffs (2).

(28)

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.

(29) 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
should be examined by the
Regulation, applications
national authorities of the Member State concerned, subject
to compliance with minimum common provisions, includ-
ing 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.

(1) OJ L 277, 21.10.2005, p. 1. Regulation as last amended by

(2) OJ L 93, 31.3.2006, p. 12. Regulation as amended by Regulation

Regulation (EC) No 146/2008 (OJ L 46, 21.2.2008, p. 1).

(EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

6.6.2008

EN

Official Journal of the European Union

L 148/5

(30) Protection should be open to designations of origin and
geographical indications of third countries where these are
protected in their country of origin.

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

(32) Registered designations of origin and geographical indica-
tions should enjoy protection against uses which unduly
take advantage of the reputation that complying 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.

(37) Quality policy is regulated at national

in certain
Member States according to national provisions and
practices. Such provisions and practices may continue.

level

(38) Certain terms are traditionally used in the Community and
convey information to consumers about particularities and
quality of wines complementing the information conveyed
by designations of origin and geographical indications. So
as to ensure the working of the internal market and fair
competition and to avoid consumers being misled, those
traditional terms should be eligible for protection in the
Community.

(39) 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.

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

indication,

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

(34) The designations of origin and geographical

indications
protected on Community territory should be subject to
controls, where possible in compliance 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 rules (1), including a
system of checks to ensure compliance with the product
specifications of the wines concerned.

(35) Member States should be authorised to charge a fee to cover
the costs incurred, including those incurred in examining
statements of objections,
applications
applications for amendments and requests for cancellations
under this Regulation.

for protection,

from the application of

(36) Existing designations of origin and geographical indications
in the Community should for reasons of legal certainty be
exempt
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.

(41) 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 at
Community level.

(42) 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 relating to the labelling,
presentation and advertising of foodstuffs (2), which apply
horizontally. Experience has shown that a differentiation in
terms of labelling rules according to the category of wine
product is often not expedient. The rules should therefore
in principle apply to all the different categories of wine,
In particular, they should
including imported products.
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 and exceptions con-
cerning the veracity of the labelling and the respective
monitoring as well as the risk of confusion of consumers.

(43) 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

(1) OJ L 165, 30.4.2004, p. 1; corrected by OJ L 191, 28.5.2004, p. 1.
Regulation as last amended by Council Regulation (EC) No 301/
2008 (OJ L 97, 9.4.2008, p. 85).

(2) OJ L 109, 6.5.2000, p. 29. Directive as last amended by Commission

Directive 2007/68/EC (OJ L 310, 28.11.2007, p. 11).

L 148/6

EN

Official Journal of the European Union

6.6.2008

and efficiency of the services they offer to their members.
The same holds
inter-branch organisations.
Member States should therefore recognise organisations
which meet certain requirements defined at Community
level.

true for

(51) 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.

(44)

In order to improve the operation of the market for wines,
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.

(45) 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.

(46) 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
licences for managing the markets
import and export
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.

(47) 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.

(48) 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
defenceless against possible disturbances, the Community
should be able to take all necessary measures without delay.
Such measures should comply with the international
commitments of the Community.

(49)

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

(50) 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. To succeed, this type
of market management instrument usually needs to be
applied without major delays. The Commission should
therefore be entrusted with the relevant powers.

(52)

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 acts of the Council.

(53) 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
in the Community, which
constitutes a source of unfair competition and exacerbates
the problems of the wine sector.

exist

(54) A distinction should be made between unlawful areas
planted before and after 31 August 1998, in so far as the
producers' obligations towards those areas are concerned.
Unlawful areas from before 1 September 1998 should be
afforded a last opportunity for regularisation under the
conditions of Article 2(3) of Regulation (EC) No 1493/
1999. Accordingly, the corresponding provision in this
Regulation should have retroactive effect.

(55) 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.

(56) Those areas which have been planted in violation of the
relevant prohibition after 31 August 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.

(57) 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 has been the case hitherto.

(58) 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.

6.6.2008

EN

Official Journal of the European Union

L 148/7

is expedient

(59) 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,
to keep the
it
prohibition on new plantings in place until 31 December
2015, at which juncture, however, it should be definitely
lifted in order to permit competitive producers to respond
freely to market conditions. However, Member States
should be given the possibility to extend the prohibition
for
they
consider doing so necessary.

territories until 31 December 2018 if

their

(60) 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 disturb unduly the wine market and should therefore
be continued subject to the necessary controls.

(61) 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.

(62) Furthermore, it should be possible for Member States to
authorise the transfer of replanting rights to another
this
holding, subject
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.

to strict controls, provided that

(63)

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.

(64) Member States should maintain broad discretion in the
management of
to the necessary
the reserves, subject
controls, so as to permit them better to 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.

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

the reserves. For the same reasons, rights in the reserves
should be awarded within a reasonable time.

(67) Member States where the planting right regime did not
apply by 31 December 2007 should be exempt from the
transitional prohibition on new plantings.

(68) As a further accompanying measure aimed at creating a
wine sector which is attuned to market conditions, a
grubbing-up scheme should be introduced. Where produ-
cers 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 activities on the relevant area or
to retire from agricultural production altogether.

(69) 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. However,
Member States where wine production is below 50 000
hectolitres per year should not have access to the grubbing-
up scheme, as they do not substantially affect production in
the Community.

(70) 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 Commis-
sion.

(71)

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. Any non-compliance
detected should give rise to a commensurate reduction of
the grubbing-up premium.

(72) To avoid environmental problems, Member States should
be able to exclude grubbing-up in mountain, steep-slope
and some small-island areas and in the case of environ-
mental concerns in accordance with specific conditions. In
accordance with the policy for the outermost regions of the
Community, the grubbing-up scheme shall not apply in the
Azores, Madeira and the Canary Islands. Member States
should be enabled to discontinue grubbing-up where the
total grubbed-up area reaches 8 % of their areas planted
with vines (10 % at regional level).

(66) To ensure that resources are used in the most efficient
manner and better to 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

(73) Where in a Member State the area grubbed-up would
exceed 15 % of its total area planted with vines, it should be
made possible to cap the grubbing-up at 15 % in that
Member State so as to avoid disproportionate concentra-
tion of the grubbing-up resources at the expense of other

L 148/8

EN

Official Journal of the European Union

6.6.2008

Member States. In addition, it should be made possible to
stop grubbing-up in a given year when the area grubbed-up
in that year reaches 6 % of its total area planted with vines.

(74) 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 a certain sum.

(75) The proper working of

the single market would be
jeopardised by the unqualified granting of national aids.
The provisions of the Treaty governing State aids should
therefore in principle 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.

(76) For a better management of wine-growing potential, it is
desirable that Member States communicate to the Commis-
their production potential. The
sion an inventory of
information contained in it should be based on the
vineyard register, which should be maintained and regularly
updated. Details of the register should be established by a
Commission implementing regulation. Council Regulation
(EEC) No 2392/86 of 24 July 1986 establishing a
Community vineyard register (1)
should therefore be
repealed. 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.

(77) 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 wine making 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.

(78)

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
products covered by this Regulation to have an accom-
panying document when circulating within the Commu-
nity.

States should be able to provide aid for crisis distillation
within an overall budgetary limit of 15 % of the respective
value of the Member State's relevant yearly budget for its
national support programme. Any such aid should be
notified to the Commission and approved under
this
Regulation before it is granted.

(80) The measures necessary for the implementation of this
Regulation should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down the
procedures
implementing powers
the exercise of
conferred on the Commission (2).

for

(81) 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
policy (3).

(82) Member States and the Commission should keep each other
supplied with the information necessary for applying this
Regulation.

(83) 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 correspond-
ing rules including those concerning the recovery of undue
payments and the reporting obligations of the Member
States, should therefore be conferred on the Commission.

(84) Member States' authorities

should be responsible for
ensuring compliance with this Regulation, and arrange-
ments should be made for the Commission to be able to
monitor and ensure such compliance.

(85) 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 farmers (4).

(86) Vine-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
in the
Community as constituted at 30 April 2004. Therefore,

conditions as vine-growers

same

the

(79)

In order to address justified cases of crisis even after the end
of
the transitional crisis distillation support measure
foreseen under the support programmes in 2012, Member

(1) OJ L 208, 31.7.1986, p. 1. Regulation as last amended by Regulation

(EC) No 1631/98 (OJ L 210, 28.7.1998, p. 14).

(2) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/

512/EC (OJ L 200, 22.7.2006, p. 11).

(3) OJ L 209, 11.8.2005, p. 1. Regulation as last amended by Regulation

(EC) No 1437/2007 (OJ L 322, 7.12.2007, p. 1).

(4) OJ L 270, 21.10.2003, p. 1. Regulation as last amended by
Commission Regulation (EC) No 293/2008 (OJ L 90, 2.4.2008. p. 5).

6.6.2008

EN

Official Journal of the European Union

L 148/9

the wine component in the Single Payment Scheme should
not be subject
the schedule of
to the application of
increments provided for in Article 143a of Regulation (EC)
No 1782/2003.

(87) Regulation (EC) No 1782/2003 and Council Regulation
(EC) No 3/2008 of 17 December 2007 on information
provision and promotion measures for agricultural prod-
ucts on the internal market and in third countries (1) should
be amended accordingly.

(88) 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
the necessary
made
transitional measures. The Commission should also be
authorised to solve specific practical problems,

the Commission to adopt

for

TITLE II

SUPPORT MEASURES

CHAPTER I

Support programmes

S e c t i o n 1

I n t r o d u c t o r y p r o v i s i o n s

Article 3

Scope

HAS ADOPTED THIS REGULATION:

TITLE I

INTRODUCTORY PROVISIONS

Article 1

Subject matter and scope

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

Article 4

Compatibility and consistency

1. This Regulation lays down specific rules applying to the
production and marketing of the products referred to in part XII
of Annex I to Regulation (EC) No 1234/2007.

Support programmes shall be compatible with Community
1.
law and consistent with the activities, policies and priorities of
the Community.

2. As regards the products referred to in paragraph 1, this
Regulation provides for:

(a)

support measures;

(b)

regulatory measures;

(c)

rules on trade with third countries;

(d)

rules governing production potential.

shall be responsible for

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

Member States shall be responsible for providing for, and
carrying out, the necessary controls and penalties in case of non-
compliance with the support programmes.

3. No support shall be granted:

Article 2

Definitions

(a)

for research projects and measures to support research
projects;

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

(1) OJ L 3, 5.1.2008, p. 1.

(b)

for measures which are contained in Member States' rural
development programmes under Regulation (EC) No 1698/
2005.

L 148/10

EN

Official Journal of the European Union

6.6.2008

S e c t i o n 2

S u b m i s s i o n a n d c o n t e n t o f s u p p o r t
p r o g r a m m e s

Article 5

Submission of support programmes

1.
Each producer Member State referred to in Annex II shall,
for the first time by 30 June 2008, submit to the Commission a
draft
five-year support programme containing measures in
accordance with this Chapter.

The support measures in the support programmes shall be
drawn up at the geographical level which the Member States
deem most appropriate. Before being submitted to the Commis-
sion, 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 support
programme, which may accommodate regional particularities.

Support programmes shall become applicable three months

2.
after their submission to the Commission.

However, if the submitted support 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 support programme to the
Commission. The revised support programme shall become
applicable two months after its notification unless an incompat-
ibility persists in which case this subparagraph shall apply.

(e)

(f)

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

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

(g)

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

Article 7

Eligible measures

Support programmes shall contain one or more of the

1.
following measures:

(a)

Single Payment Scheme support
Article 9;

in accordance with

(b)

promotion in accordance with Article 10;

(c)

restructuring and conversion of vineyards in accordance
with Article 11;

(d)

green harvesting in accordance with Article 12;

(e) mutual funds in accordance with Article 13;

(f)

harvest insurance in accordance with Article 14;

Paragraph 2 shall apply mutatis mutandis to changes in

3.
respect of support programmes submitted by Member States.

(g)

investments in accordance with Article 15;

4. Article 6 shall not apply where a Member State's only
measure in a support programme consists of the transfer to the
Single Payment Scheme referred to in Article 9. Article 21 shall
apply in such case only in respect of paragraph 1 thereof and in
relation to the year in which the transfer takes place.

(h)

by-product distillation in accordance with Article 16;

(i)

potable alcohol distillation in accordance with Article 17;

(j)

crisis distillation in accordance with Article 18;

Article 6

Content of support programmes

Support programmes shall consist of the following elements:

(k)

use of concentrated grape must
Article 19.

in accordance with

Support programmes shall not contain measures other than

2.
those listed in Articles 9 to 19.

(a)

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

Article 8

(b)

the results of consultations held;

(c)

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

(d)

a schedule for implementing the measures;

General rules concerning support programmes

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

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

6.6.2008

EN

Official Journal of the European Union

L 148/11

3. Member States shall not contribute to the costs of measures
financed by the Community under the support programmes.

3. The measures referred to in paragraph 1 may consist only of:

4. 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 10, 14
and 15.

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

S e c t i o n 3

S p e c i f i c s u p p o r t m e a s u r e s

Article 9

Single Payment Scheme and support to vine-growers

1. Member States may provide support to vine-growers by
allocating to them payment entitlements within the meaning of
Chapter 3 of Title III of Regulation (EC) No 1782/2003 in
accordance with point O of Annex VII to that Regulation.

2. Member States intending to make use of the possibility
referred to in paragraph 1 shall foresee such support in their
support programmes including, as regards subsequent transfers
of funds to the Single Payment Scheme, by way of changes to
those programmes in accordance with Article 5(3).

3. Once effective, support as referred to in paragraph 1 shall:

(a)

remain in the Single Payment Scheme and no longer be
available, or be made available under Article 5(3), for the
measures listed in Articles 10 to 19 in subsequent years of
the operation of the support programmes;

(a)

(b)

(c)

(d)

(e)

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

participation at events, fairs or exhibitions of international
importance;

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

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

studies to evaluate the results of
information measures.

the promotional and

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

Article 11

Restructuring and conversion of vineyards

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

2. Restructuring and conversion of vineyards shall be sup-
ported in accordance with this Article only if Member States
submit the inventory of their production potential in accordance
with Article 109.

Support for restructuring and conversion of vineyards may

3.
only cover one or more of the following activities:

(a)

varietal conversion, including by means of grafting-on;

(b)

commensurately reduce the amount of funds available for
measures listed in Articles 10 to 19 in the support
programmes.

(b)

relocation of vineyards;

Article 10

Promotion on third-country markets

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

(c)

improvements to vineyard management techniques.

Support under

this Article shall cover

1.
information or
promotion measures concerning Community wines in third
thereby improving their competitiveness in those
countries,
countries.

2. 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.

Support for restructuring and conversion of vineyards may

4.
only 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.

L 148/12

EN

Official Journal of the European Union

6.6.2008

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:

Support for the setting-up of mutual funds may be granted
temporary and degressive aid to cover the

2.
in the form of
administrative costs of the funds.

(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;

(b)

financial compensation.

6. 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 (1),
the Community
contribution to the costs of restructuring and conversion shall
not exceed 75 %.

Article 12

Green harvesting

1.
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 area to
zero.

Support for green harvesting shall contribute to restoring
2.
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 compensa-
3.
tion 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.

4. The 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 ceiling referred to in the second subparagraph of
paragraph 3.

Article 13

Mutual funds

1.
Support for the setting-up of mutual funds shall provide
assistance to producers seeking to insure themselves against
market fluctuations.

(1) Council Regulation (EC) No 1083/2006 of 11 July 2006 laying
down general provisions on the European Regional Development
Fund, the European Social Fund and the Cohesion Fund (OJ L 210,
31.7.2006, p. 25). Regulation as last amended by Regulation (EC)
No 1989/2006 (OJ L 411, 30.12.2006, p. 6).

Article 14

Harvest insurance

Support

for harvest

1.
insurance shall contribute to safe-
guarding producers' incomes where these are affected by natural
disasters, adverse climatic events, diseases or pest infestations.

Support for harvest insurance may be granted in the form of

2.
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 adverse
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:

(i)

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

(ii)

losses caused by animals, plant diseases or pest
infestations.

3.
Support for harvest insurance may only be granted if the
insurance payments concerned do not compensate producers for
more than 100 % of
taking into
account any compensation the producers may have obtained
from other support schemes related to the insured risk.

the income loss suffered,

Support for harvest insurance shall not distort competition

4.
in the insurance market.

Article 15

Investments

Support may be granted for

1.
intangible
investments in processing facilities, winery infrastructure and
marketing of wine which improve the overall performance of the
enterprise and concern one or more of the following:

tangible or

(a)

the production or marketing of products referred to in
Annex IV;

(b)

the development of new products, processes and technol-
ogies related to the products referred to in Annex IV.

6.6.2008

EN

Official Journal of the European Union

L 148/13

Support under paragraph 1 at its maximum rate shall be
2.
limited to micro, small and medium-sized enterprises within the
meaning of Commission Recommendation 2003/361/EC of of
6 May 2003 concerning the definition of micro, small and
medium-sized enterprises (1). For the territories of the Azores,
Madeira, the Canary Islands, the smaller Aegean islands within
the meaning of Council Regulation (EC) No 1405/2006 of
18 September 2006 laying down specific measures
for
agriculture in favour of the smaller Aegean islands (2) and the
French overseas departments, no size limits shall apply for the
maximum rate. For enterprises that are not covered by Article 2
(1) of Title I of Annex to Recommendation 2003/361/EC with
less than 750 employees or with a turn-over of
less than
EUR 200 million, the maximum aid intensity shall be halved.

2. The maximum applicable aid levels shall be based on
collection and processing costs and fixed in accordance with the
procedure referred to in Article 113(1).

3. The alcohol resulting from the supported distillation referred
to in paragraph 1 shall be used exclusively for industrial or
energy purposes so as to avoid distortion of competition.

Article 17

Potable alcohol distillation

Support shall not be granted to enterprises in difficulty within
the meaning of the Community guidelines on State aid for
rescuing and restructuring firms in difficulty.

1.
Support may be granted until 31 July 2012 to producers, for
wine which is distilled into potable alcohol in the form of a per-
hectare aid.

3. The eligible expenditure shall exclude the elements referred
to in Article 71(3)(a) to (c) of Regulation (EC) No 1698/2005.

4. The following maximum aid rates in relation to the eligible
investment costs shall apply to the Community contribution:

(a)

50 % in regions classified as convergence regions in
accordance with Regulation (EC) No 1083/2006;

(b) 40 % in regions other than convergence regions;

(c)

75 % in the outermost regions in accordance with Council
Regulation (EC) No 247/2006 of 30 January 2006 laying
down specific measures for agriculture in the outermost
regions of the Union (3);

(d) 65 % in the smaller Aegean islands within the meaning of

Regulation (EC) No 1405/2006.

2. The relevant contracts concerning the distillation of wine as
well as the relevant proofs of delivery for distillation shall be
submitted before support is granted.

Article 18

Crisis distillation

1.
Support may be granted until 31 July 2012 for voluntary or
obligatory distillation of surplus wine decided upon by Member
States in justified cases of crisis so as to reduce or eliminate the
surplus and at the same time ensure supply continuity from one
harvest to the next.

2. The maximum applicable aid levels shall be fixed in
accordance with the procedure referred to in Article 113(1).

5. Article 72 of Regulation (EC) No 1698/2005 shall apply
mutatis mutandis to support referred to in paragraph 1.

3. The alcohol resulting from the supported distillation referred
to in paragraph 1 shall be used exclusively for industrial or
energy purposes so as to avoid distortion of competition.

Article 16

By-product distillation

the available budget used for

the crisis
4. The share of
distillation measure shall not exceed the following percentage
shares as calculated against the globally available funds laid down
in Annex II per Member State in the respective budget year:

Support may be granted for the voluntary or obligatory
1.
distillation of by-products of wine-making which has been
carried out in accordance with the conditions laid down in point
D of Annex VI.

The amount of aid shall be fixed per % volume and per hectolitre
of alcohol produced. No aid shall be paid for the volume of
alcohol contained in the by-products to be distilled which
exceeds 10 % in relation to the volume of alcohol contained in
the wine produced.

— 20 % in 2009,

— 15 % in 2010,

— 10 % in 2011,

— 5 % in 2012.

(1) OJ L 124, 20.5.2003, p. 36.
(2) OJ L 265, 26.9.2006, p. 1.
(3) OJ L 42, 14.2.2006, p. 1. Regulation as

Commission Regulation (EC) No 1276/2007 (OJ
30.10.2007, p. 11).

last amended by
L 284,

5. Member States may increase the available funds for the crisis
distillation measure beyond the annual ceilings given in
paragraph 4 by way of contributing national funds in accordance

L 148/14

EN

Official Journal of the European Union

6.6.2008

with the following limits (expressed in terms of percentage of the
respective annual ceiling given in paragraph 4):

the implementation of
support programmes during the previous financial year.

the measures provided for in their

— 5 % in the wine year 2010,

— 10 % in the wine year 2011,

— 15 % in the wine year 2012.

Those reports shall
list and describe the measures for which
Community assistance under the support programmes was
in particular provide details on the
granted and shall
implementation of
the promotion measures referred to in
Article 10.

Member States shall, where applicable, notify the Commission of
the addition of national
first
funds
subparagraph and the Commission shall approve the transaction
before such funds are made available.

referred to in the

2. Member States shall submit to the Commission, by 1 March
2011 and, a second time, by 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.

Article 19

Use of concentrated grape must

The Commission shall submit to the European Parliament and
the Council, by 31 December 2011, a report on the
implementation of
the promotion measures referred to in
Article 10.

1.
Support may be granted until 31 July 2012 to wine
producers who use concentrated grape must including rectified
concentrated grape must
to increase the natural alcoholic
strength of products in accordance with the conditions laid
down in Annex V.

Article 22

Implementing measures

2. The amount of the aid shall be fixed per % volume potential
the must used for
alcoholic strength and per hectolitre of
enrichment.

The measures necessary for the implementation of this Chapter
shall be adopted in accordance with the procedure referred to in
Article 113(1).

3. The maximum applicable aid levels for this measure in the
different wine growing zones shall be fixed in accordance with
the procedure referred to in Article 113(1).

Article 20

Cross-compliance

Where farmers are found not to have complied on their holding,
at any time during three 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 require-
ments 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 those
provisions.

S e c t i o n 4

G e n e r a l p r o v i s i o n s

Article 21

Reporting and evaluation

Each year and for the first time by 1 March 2010, Member
1.
States shall submit to the Commission by 1 March a report on

Those measures may include, in particular:

(a)

the format of presentation of the support programmes;

(b)

(c)

(d)

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

detailed rules for the implementation of
provided for in Articles 10 to 19;

the measures

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

(e)

details on reporting.

CHAPTER II

Financial transfer

Article 23

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 measures to regulate
agricultural markets as referred to in Article 3(1)(b) of Regulation
(EC) 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.

6.6.2008

EN

Official Journal of the European Union

L 148/15

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

paragraph 1(a) and (b) may be planted, replanted or grafted for
the purpose of wine production.

— 2009: EUR 40,5 million,

— 2010: EUR 80,9 million,

— from 2011 onwards: EUR 121,4 million.

3. By way of derogation from the first and second subpara-
graphs of paragraph 1 and the second subparagraph of
paragraph 2, the planting, replanting or grafting of the following
wine grape varieties shall be allowed for scientific research and
experimental purposes:

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

(a) wine grape varieties which are not classified as far as

Member States referred to in paragraph 1 are concerned;

Member States which have no amounts entered in the current
table in Annex III because of the small size of the otherwise
resulting amounts in accordance with the financial key applied to
determine the amounts for Annex III (less than EUR 2,5 million
to be transferred in 2009) may decide to transfer those amounts
now included in Annex II wholly or partially to Annex III for use
in their
In such case the
Member States concerned shall notify the Commission of this
transfer by 30 June 2008 and the Commission shall modify
paragraph 2 as well as Annexes II and III accordingly.

rural development programmes.

TITLE III

REGULATORY MEASURES

CHAPTER I

General rules

Article 24

Classification of wine grape varieties

1.
Subject to paragraph 2, Member States shall classify which
wine grape varieties may be planted, replanted or grafted on their
territories for the purpose of wine production.

Only wine grape varieties meeting the following conditions may
be classified by Member States:

(a)

the variety concerned belongs to the Vitis vinifera or comes
from a cross between the species Vitis vinifera and other
species of the genus Vitis;

(b)

the variety is not one of the following: Noah, Othello,
Isabelle, Jacquez, Clinton and Herbemont.

(b) wine grape varieties which do not comply with paragraph 1
(a) and (b) as far as Member States referred to in paragraph 2
are concerned.

4. Areas planted with wine grape varieties for the purpose of
wine production planted in contravention of paragraphs 1 to 3
shall be grubbed up.

However, there shall be no obligation to grub up such areas
intended exclusively for
where the relevant production is
consumption by the wine-producers' households.

5. Member States shall take the necessary measures to check
compliance by producers with paragraphs 1 to 4.

Article 25

Production and marketing

1.
Products listed in Annex IV and produced in the Community
shall be made from wine grape varieties classifiable according to
Article 24(1).

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

the marketing of a product which conforms

However, notwithstanding Article 59(1)(a), Member States may
allow the use of the term ‘wine’ if:

(a)

it is accompanied by the name of a fruit in the form of a
composite name to market products obtained by the
fermentation of fruit other than grapes; or

(b)

it is part of a composite name.

Where a wine grape variety is deleted from the classification
referred to in the first subparagraph, grubbing-up of this variety
shall take place within 15 years of its deletion.

Any confusion with products corresponding to the wine
categories in Annex IV shall be avoided.

2. Member States whose wine production does not exceed
50 000 hectolitres per wine year, calculated on the basis of the
average production during the latest five wine years, shall be
exempted from the classification obligation referred to in
paragraph 1.

However, also in the Member States referred to in the first
complying with
subparagraph only wine grape varieties

3. Categories of grapevine products listed in Annex IV may be
modified in accordance with the procedure referred to in
Article 113(2).

4.
Except for bottled wine in respect of which there is evidence
that bottling was performed before 1 September 1971, wine
produced from wine grape varieties listed in the classifications
drawn up in accordance with the first subparagraph of Article 24

L 148/16

EN

Official Journal of the European Union

6.6.2008

(1) but not conforming to one of the categories laid down in
Annex IV shall be used only for consumption by individual wine-
producers' households, for the production of wine vinegar or for
distillation.

CHAPTER II

Oenological practices and restrictions

Article 26

Scope

This Chapter concerns the authorised oenological practices and
the applicable restrictions applying to the production and
commercialisation of products covered by this Regulation as well
as the procedure for deciding on those practices and restrictions.

Article 27

Oenological practices and restrictions

1. Only oenological practices authorised under Community
law as laid down in Annex V or decided upon in accordance with
Articles 28 and 29 shall be used in the production and
conservation in the Community of products covered by this
Regulation.

The first subparagraph shall not apply to:

(a)

grape juice and concentrated grape juice;

(b)

grape must and concentrated grape must intended for the
preparation of grape juice.

2. 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
3.
Community in accordance with the relevant restrictions laid
down in Annex VI.

Products covered by this Regulation, which have undergone
4.
unauthorised Community oenological practices or, where
applicable, unauthorised national oenological practices or which
contravene the restrictions laid down in Annex VI, shall not be
marketed in the Community.

Article 28

Stricter rules decided by Member States

Member States may limit or exclude the use of certain
oenological practices and provide for more stringent restrictions
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
wines and liqueur wines.

indication and of sparkling

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

Article 29

Authorisation of oenological practices and restrictions

1.
Except for the oenological practices concerning enrichment,
acidification and de-acidification laid down in Annex V for the
specific products covered therein as well as 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 113(2).

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 113(2).

Article 30

Authorisation criteria

When authorising oenological practices in accordance with the
procedure referred to in Article 113(2), the Commission shall:

(a)

base itself on the oenological practises recommended and
published by the International organisation of vine and
wine (OIV) as well as on the results of experimental use of
as yet unauthorised oenological practices;

(b)

take into account the protection of human health;

(c)

(d)

take into account possible risks of consumers being misled
due to their established expectations and perceptions,
having regard to the availability and feasibility of informa-
tional 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;

(e)

ensure an acceptable minimum level of environmental care;

(f)

respect the general rules concerning oenological practices
and restrictions laid down respectively in Annexes V and VI.

Article 31

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

6.6.2008

EN

Official Journal of the European Union

L 148/17

processes contrary to the authorised oenological practices shall
be those recommended and published by the OIV.

Where there are no methods and rules recommended and
published by the OIV, corresponding methods and rules shall be
adopted in accordance with the procedure referred to in
Article 113(2).

Pending the adoption of such rules, such methods and rules to be
used shall be the ones allowed by the Member State concerned.

Article 32

Implementing measures

CHAPTER III

Designations of origin, geographical indications and
traditional terms

Article 33

Scope

relating to designations of origin, geographical
1. Rules
indications and traditional terms laid down in Chapters IV and V
shall apply to the products referred to in paragraphs 1, 3 to 6, 8,
9, 11, 15 and 16 of Annex IV.

2. The rules referred to in paragraph 1 shall be based on:

(a)

the protection of legitimate interests of:

The measures necessary for the implementation of this Chapter
and Annexes V and VI, save as otherwise provided in these
Annexes, shall be adopted in accordance with the procedure
referred to in Article 113(2).

(i)

consumers; and

(ii)

producers;

Those measures may include, in particular:

(a)

(b)

provisions to the effect that the Community oenological
practices listed in Annex IV to Regulation (EC) No 1493/
1999 are considered authorised oenological practices;

authorised oenological practices and restrictions including
enrichment, acidification and de-acidification concerning
sparkling wines, quality sparkling wines and quality
aromatic sparkling wines;

(c)

authorised oenological practices and restrictions concern-
ing liqueur wines;

(d)

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

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

(f)

administrative rules
practices authorised;

for carrying out

the oenological

(g)

(h)

the conditions governing the holding, circulation and the
use of products not complying with Article 27 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 27, or with provisions
implementing this Chapter.

(b)

(c)

ensuring the smooth operation of the common market in
the products concerned;

promoting the production of quality products, whilst
allowing national quality policy measures.

CHAPTER IV

Designations of origin and geographical indications

S e c t i o n 1

D e f i n i t i o n s

Article 34

Definitions

For the purposes of this Regulation, the following defini-

1.
tions 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 product referred to in Article 33(1) that complies
with the following requirements:

(i)

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

(ii)

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

(iii)

its production takes place in this geographical area;

(iv)

it is obtained from vine varieties belonging to Vitis
vinifera;

L 148/18

EN

Official Journal of the European Union

6.6.2008

(b)

‘geographical indication’ means an indication referring to a
region, a specific place or, in exceptional cases, a country,
used to describe a product referred to in Article 33(1)
which complies with the following requirements:

It shall consist at least of:

(a)

the name to be protected;

it possesses a specific quality, reputation or other
characteristics attributable to that geographical origin;

(b)

a description of the wine(s):

(i)

(ii)

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

(iii)

its production takes place in this geographical area;

(iv)

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.

2. Certain traditionally used names shall constitute a designa-
tion of origin where they:

(i)

(ii)

for wines with a designation of origin, its principal
analytical and organoleptic characteristics;

for wines with a geographical indication, its principal
analytical characteristics as well as an evaluation or
indication of its organoleptic characteristics;

(c) where applicable, the specific oenological practices used to
make the wine(s) as well as the relevant restrictions on
making the wine(s);

(a)

designate a wine;

(d)

the demarcation of the geographical area concerned;

(b)

refer to a geographical name;

(e)

the maximum yields per hectare;

(c) meet

the requirements referred to in paragraph 1(a)(i)

to (iv);

(d)

undergo the procedure conferring protection on designa-
tions of origin and geographical indications laid down in
this Chapter.

3. Designations of origin and geographical indications, includ-
ing 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.

(f)

(g)

(h)

S e c t i o n 2

A p p l i c a t i o n f o r p r o t e c t i o n

Article 35

Content of applications for protection

an indication of the wine grape variety or varieties the wine
(s) is obtained from;

the details bearing out the link referred to in Article 34(1)
(a)(i) or, as the case may be, in Article 34(1)(b)(i);

applicable requirements
laid down in Community or
national provisions or, where foreseen by Member States,
by an organisation which manages the protected designa-
tion of origin or geographical indication, having regard to
the fact that such requirements shall be objective and non-
discriminatory and compatible with Community law;

(i)

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

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;

Article 36

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

1. Where the application for protection concerns a geographi-
cal area in a third country, it shall contain in addition to the
elements provided for in Article 35 proof that the name in
question is protected in its country of origin.

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

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

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

languages of

6.6.2008

EN

Official Journal of the European Union

L 148/19

Article 37

Applicants

1. 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

2.
wines which they produce.

In the

case of

3.
trans-border
geographical area or a traditional name connected to a trans-
border geographical area, a joint application may be lodged.

a name designating a

S e c t i o n 3

P r o c e d u r e c o n f e r r i n g p r o t e c t i o n

Article 38

Preliminary national procedure

1. Applications for protection of a designation of origin or a
geographical indication of wines in accordance with Article 34
originating in the Community shall be subject to a preliminary
national procedure in accordance with this Article.

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

3. 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
to the
proposed protection by lodging a duly substantiated statement
with the Member State.

resident on its territory may object

4.
If the Member State considers that the designation of origin
or geographical indication does not meet the relevant require-
ments,
including the eventuality that it is incompatible with
Community law in general, it shall reject the application.

If the Member State considers that the relevant requirements

5.
are met, it shall

(a)

(b)

publish the single document and the product specification
at least on the Internet; and

forward to the Commission an application for protection
containing the following information:

(i)

the name and address of the applicant;

(ii)

the single document referred to in Article 35(1)(d);

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

(iv)

the reference to publication, as referred to in (a).

the official
This information shall be forwarded in one of
languages of the Community or accompanied by a certified
translation into one of those languages.

introduce the laws, regulations or
6. Member States shall
administrative provisions necessary to comply with this Article
by 1 August 2009.

7. Where a Member State has no national legislation concern-
ing the protection of designations of origin and geographical
indications, it may, on a transitional basis only, grant protection
in accordance with the terms of this Chapter at national level to
the name with effect from the day the application is lodged with
the Commission. Such transitional national protection shall cease
on the date on which a decision on registration or refusal under
this Chapter is taken.

Article 39

Scrutiny by the Commission

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

2. The Commission shall examine whether the applications for
protection referred to in Article 38(5) meet the conditions laid
down in this Chapter.

3. 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 35(1)(d) and the reference to the publication of the
product specification referred to in Article 38(5).

Where this is not the case, it shall be decided, in accordance with
the procedure referred to in Article 113(2),
the
application.

to reject

Article 40

Objection procedure

Within two months from the date of publication provided for in
the first subparagraph of Article 39(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 relating to the conditions of eligibility as laid down
in this Chapter with the Commission.

L 148/20

EN

Official Journal of the European Union

6.6.2008

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 41

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 113(2), either to confer protection on the designation of
origin or geographical indication which meets the conditions laid
down in this Chapter and is compatible with Community law, or
to reject the application where those conditions are not satisfied.

S e c t i o n 4

S p e c i f i c c a s e s

Article 42

Homonyms

1. A name, for which an application is lodged, wholly or
partially homonymous with that of a name already registered
under this Regulation shall be registered with due regard for local
and traditional usage and the risk of confusion.

4. The protection of designations of origin and geographical
indications for products covered in Article 34 shall be without
prejudice to protected geographical
indications applying in
relation to spirit drinks within the meaning of Regulation (EC)
No 110/2008 of the European Parliament and of the Council of
15 January 2008 on the definition, description, presentation,
labelling and the protection of geographical indications of spirit
drinks (1) and vice versa.

Article 43

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 Chapter, 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.

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 homonymous name which misleads the consumer
into
believing that products come from another territory shall not be
registered even if the name is accurate as far as the actual
territory, region or place of origin of the products in question is
concerned.

2. A name shall not be protected as a designation of origin or
geographical
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.

indication where,

The use of a registered homonymous name shall be subject to
there being a sufficient distinction in practice between the
homonym registered subsequently and the name already on the
register, having regard to the need to treat
the producers
concerned in an equitable manner and not to mislead the
consumer.

2.
Paragraph 1 shall apply mutatis mutandis if a name, for which
an application is lodged, is wholly or partially homonymous
indication protected as such under the
with a geographical
legislation of Member States.

Member States shall not register non-identical geographical
indications for protection under their respective legislation on
geographical indications if a designation of origin or geographi-
cal indication is protected in the Community by virtue of the
Community law relevant
to designations of origin and
geographical indications.

3.
Save as otherwise provided for in Commission implement-
ing measures, where the name of a wine grape variety contains or
consists of a protected designation of origin or geographical
indication that name shall not be used for purposes of labelling
the products covered by this Regulation.

Article 44

Relationship with trademarks

1. 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 45
(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.

2. Without prejudice to Article 43(2), a trademark the use of
the situations referred to in
which corresponds to one of
registered or
Article 45(2), which has been applied for,

(1) OJ L 39, 13.2.2008, p. 16.

6.6.2008

EN

Official Journal of the European Union

L 148/21

if that possibility is provided for by the
established by use,
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
the
trademark's invalidity or revocation exist as specified by the
First Council Directive 89/104/EEC of 21 December 1988 to
approximate the laws of the Member States relating to trade
marks (1) or Council Regulation (EC) No 40/94 of 20 December
1993 on the Community trade mark (2).

indication, provided that no grounds for

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

(d)

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

3.
Protected designations of origin or protected geographical
indications shall not become generic in the Community within
the meaning of Article 43(1).

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

Article 46

Register

S e c t i o n 5

P r o t e c t i o n a n d c o n t r o l

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 45

Protection

1.
Protected designations of origins and geographical indica-
tions may be used by any operator marketing a wine which has
been produced in conformity with the corresponding product
specification.

2.
Protected designations of origins and geographical indica-
tions 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:

(i)

by comparable products not complying with the
product specification of the protected name; or

(ii)

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;

false or misleading indication as

to the
any other
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)

Article 47

Designation of competent control authority

1. Member States shall designate the competent authority or
authorities responsible for controls in respect of the obligations
established by this Chapter in accordance with the criteria laid
down in Article 4 of Regulation (EC) No 882/2004.

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

shall

3. Member States
the
competent authority or authorities referred to in paragraph 1.
The Commission shall make their names and addresses public
and update them periodically.

inform the Commission of

Article 48

Verification of compliance with specifications

In respect of protected designations of origin and
1.
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)

the competent authority or authorities referred to in
Article 47(1); or

(1) OJ L 40, 11.2.1989, p. 1. Directive as amended by Decision 92/10/

EEC (OJ L 6, 11.1.1992, p. 35).

(2) OJ L 11, 14.1.1994, p. 1. Regulation as last amended by Regulation

(EC) No 1891/2006 (OJ L 386, 29.12.2006, p. 14).

(b)

one or more control bodies within the meaning of point 5
of the second subparagraph of Article 2 of Regulation (EC)
No 882/2004 operating as a product certification body in
accordance with the criteria laid down in Article 5 of that
Regulation.

L 148/22

EN

Official Journal of the European Union

6.6.2008

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

In respect of protected designations of origin and
2.
indications relating to a geographical area in a
geographical
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.

3. The certification bodies referred to in paragraphs 1(b) and 2
(b) 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).

4. Where the authority or authorities referred to in para-
graphs 1(a) and 2(a), 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 49

Amendments to product specifications

1. An applicant satisfying the conditions of Article 37 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 (d) of
the second subparagraph of Article 35(2).
Applications shall describe and give reasons for the amendments
requested.

2. Where the proposed amendment involves one or more
amendments to the single document referred to in Article 35(1)
(d), Articles 38 to 41 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 113(2), whether to approve the application
without following the procedure laid down in Article 39(2)
and Article 40 and in the case of approval, the Commission
referred to
shall proceed to publication of
in Article 39(3).

the elements

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 amend-
ments approved and the reasons for them;

Article 50

Cancellation

It may be decided, in accordance with the procedure referred to
in Article 113(2), 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 38 to 41 shall apply mutatis mutandis.

Article 51

Existing protected wine names

1. Wine names, which are protected in accordance with
Articles 51 and 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 46 of this Regulation.

2. Member States shall, in respect of existing protected wine
names referred to in paragraph 1, transmit to the Commission:

(a)

the technical files as provided for in Article 35(1);

(b)

the national decisions of approval.

3. Wine names referred to in paragraph 1, for which the
information referred to in paragraph 2 is not submitted by
31 December 2011, shall lose protection under this Regulation.
The Commission shall take the corresponding formal step of
removing such names
in
Article 46.

from the register provided for

4. Article 50 shall not apply in respect of existing protected
wine names referred to in paragraph 1.

It may be decided, until 31 December 2014, at the initiative of
the Commission and in accordance with the procedure referred
to in Article 113(2), to cancel protection of existing protected
wine names referred to in paragraph 1 if they do not meet the
conditions laid down in Article 34.

S e c t i o n 6

G e n e r a l p r o v i s i o n s

Article 52

Implementing measures

(b) where the geographical area is in a third country, the
to approve the

Commission shall determine whether
proposed amendment.

The measures necessary for the implementation of this Chapter
shall be adopted in accordance with the procedure referred to in
Article 113(1).

6.6.2008

EN

Official Journal of the European Union

L 148/23

Those measures may in particular include derogations from the
applicability of the rules and requirements laid down in this
Chapter:

(a)

(b)

in so far as pending applications
designations of origin or geographical
concerned;

for protection of
indications are

in so far as the production of certain wines with a protected
designation of origin or geographical
indication in a
geographical area in proximity of the geographical area
where the grapes originate is concerned;

(c)

in so far as traditional production practices of certain wines
with a protected designation of origin are concerned.

Traditional terms shall be protected against unlawful use.

Member States shall take the steps necessary to stop the unlawful
use of protected traditional terms.

2. Traditional terms shall not become generic in the Commu-
nity.

Article 56

Implementing measures

The measures necessary for the implementation of this Chapter
shall be adopted in accordance with the procedure referred to in
Article 113(1), in particular concerning:

Article 53

Fees

(a)

the procedure conferring protection;

(b)

the specific level of protection.

incurred in examining applications

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

CHAPTER V

Traditional terms

Article 54

Definition

1.
‘Traditional term’ shall mean a term traditionally used in
Member States for products referred to in Article 33(1) to
designate:

(a)

(b)

that the product has a protected designation of origin or
geographical indication under Community or Member State
law;

the production or ageing method or the quality, colour,
type of place, or a particular event linked to the history, of
the product with a protected designation of origin or
geographical indication.

2. Traditional terms shall be recognised, defined and protected
in accordance with the procedure referred to in Article 113(1).

Article 55

Protection

CHAPTER VI

Labelling and presentation

Article 57

Definitions

For the purposes of this Regulation:

(a)

(b)

‘labelling’ shall mean any words, particulars, trademarks,
brand name, pictorial matter or symbol placed on any
packaging, document, notice, label, ring or collar accom-
panying or referring to a given product;

‘presentation’ shall mean any information conveyed to
the product
consumers by virtue of
concerned including the form and type of bottles.

the packaging of

Article 58

Applicability of horizontal rules

Save as otherwise provided for in this Regulation, Directive 89/
104/EEC, Council Directive 89/396/EEC of 14 June 1989 on
indications or marks identifying the lot to which a foodstuff
belongs (1), Directive 2000/13/EC and Directive 2007/45/EC of
the European Parliament and of the Council of 5 September
2007 laying down rules on nominal quantities for prepacked
products (2) shall apply to the labelling and presentation of
products falling within their scopes.

1. A protected traditional term may only be used for a product
which has been produced in conformity with the definition
referred to in Article 54(2).

(1) OJ L 186, 30.6.1989, p. 21. Directive as last amended by Directive

92/11/EEC (OJ L 65, 11.3.1992, p. 32).

(2) OJ L 247, 21.9.2007, p. 17.

L 148/24

EN

Official Journal of the European Union

6.6.2008

Article 59

(b)

the name of one or more wine grape varieties;

Compulsory particulars

1.
Labelling and presentation of the products referred to in
paragraphs 1 to 11, 13, 15 and 16 of Annex IV marketed in the
Community or for export shall contain the following compul-
sory particulars:

(a)

(b)

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

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

(i)

(ii)

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;

(e)

an indication of the bottler or, in the case of sparkling wine,
aerated sparkling wine, quality sparkling wine or quality
aromatic sparkling wine, the name of the producer or
vendor;

(f)

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

(g)

in the case of sparkling wine, aerated sparkling wine, quality
sparkling wine or quality aromatic sparkling wine, an
indication of the sugar content.

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

3. By way of derogation from paragraph 1(b) the reference to
the terms
‘protected
‘protected designation of origin’ or
geographical indication’ may be omitted in the following cases:

(a) where a traditional term as referred to in Article 54(1)(a) is

displayed on the label;

(b) where, in exceptional circumstances to be determined in
accordance with the procedure referred to in Article 113(1),
the name of
the protected designation of origin or
protected geographical indication is displayed on the label.

Article 60

Optional particulars

1.
Labelling and presentation of products referred to in
Article 59(1) may in particular contain the following optional
particulars:

(a)

the vintage year;

(c)

(d)

in the case of wines other than the ones referred to in
Article 59(1)(g), terms indicating the sugar content;

for wines with a protected designation of origin or
geographical indication, traditional terms as referred to in
Article 54(1)(b);

(e)

the Community symbol indicating the protected designa-
tion of origin or geographical indication;

(f)

terms referring to certain production methods;

(g)

for wines bearing a protected designation of origin or
geographical indication the name of another geographical
unit that is smaller or larger than the area underlying the
designation of origin or geographical indication.

2. Without prejudice to Article 42(3), as regards the use of
particulars referred to in paragraph 1(a) and (b)
for wines
without a protected designation of origin or geographical
indication:

(a) Member States

shall

regulations or
introduce
administrative provisions to ensure certification, approval
and control procedures so as to guarantee the veracity of
the information concerned;

laws,

(b) Member States may, on the basis of non-discriminatory and
objective criteria and with due regard to loyal competition,
for wine produced from wine grape varieties on their
territory, draw-up lists of excluded wine grape varieties, in
particular if:

(i)

there is a risk of confusion of consumers as to the true
origin of the wine due to the fact that the given wine
grape variety forms an integral part of an existing
protected designation of origin or geographical
indication;

(ii)

the relevant controls would not be cost-effective due
to the fact that the given wine grape variety represents
a very small part of the Member State vineyard;

(c) mixtures of wines from different Member States shall not
give rise to labelling of the wine grape variety or varieties
unless the Member States concerned agree otherwise and
ensure the feasibility of the relevant certification, approval
and control procedures.

Article 61

Languages

1. Compulsory
referred to in
and optional particulars
Articles 59 and 60 shall, where expressed in words, appear in
one or more of the official languages of the Community.

6.6.2008

EN

Official Journal of the European Union

L 148/25

the name of a protected
2. Notwithstanding paragraph 1,
designation of origin or geographical indication or a traditional
term as referred to in Article 54(1)(a) shall appear on the label in
the language or languages for which the protection applies.

In the case of protected designations of origin or geographical
indications or national specific designations using a non-Latin
alphabet, the name may also appear in one or more official
languages of the Community.

Article 62

Enforcement

The competent authorities of
the Member States shall take
measures to ensure that a product referred to in Article 59(1) not
labelled in conformity with this Chapter is not placed on, or is
withdrawn from, the market.

Article 63

Implementing measures

The measures necessary for the implementation of this Chapter
shall be adopted in accordance with the procedure referred to in
Article 113(1).

Those measures may in particular include:

(a)

(b)

(c)

(d)

details on the indication of provenance of the relevant
product;

the terms of use of
Article 60;

the optional particulars listed in

specific requirements relating to the indications concerning
the vintage year and the wine grape variety displayed on
labels as referred to in Article 60(2);

further derogations in addition to those referred to in
Article 59(2) which provide that
the reference to the
category of the grapevine product may be omitted;

(e)

rules concerning protection to be conferred in relation to
the presentation of a given product.

(c)

pursue a specific aim, which may in particular relate to one
or more of the following:

(i)

(ii)

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

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 biodi-
versity;

(vii) carrying out research into sustainable production

methods and market developments;

(viii) contributing to the achievement of support pro-
grammes as referred to in Chapter I of Title II;

(d)

apply rules of association which require their members, in
particular, to:

(i)

(ii)

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

provide the information requested by the producer
organisation for statistical purposes, in particular on
growing areas and market evolution;

(iii) pay penalties for infringement of obligations under

the rules of association;

CHAPTER VII

Producer and inter-branch organisations

(e)

have lodged an application for recognition as a producer
organisation with the Member State concerned and the
application contains the following items:

Article 64

Producer organisations

1. Member States may recognise producer organisations which:

(a)

are constituted by producers of products covered by this
Regulation;

(b)

are formed on the initiative of producers;

(i)

(ii)

(iii)

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

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

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

area where

L 148/26

EN

Official Journal of the European Union

6.6.2008

evidence that it can carry out its activities properly,
both over time and in terms of effectiveness and
concentration of supply;

(ix)

encouraging moderate and responsible consumption
of wine and informing on the harm linked to
hazardous consumption patterns;

(iv)

(v)

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

Producer organisations

2.
recognised in accordance with
Regulation (EC) No 1493/1999 shall be considered as recognised
producer organisations under this Article.

Article 65

Inter-branch organisations

1. Member States may recognise inter-branch organisations
which:

(a)

(b)

(c)

are made up of representatives of economic activities in the
production of, trade in, or processing of products covered
by this Regulation;

are formed on the initiative of all or some of
representatives referred to in (a);

the

carry 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)

(ii)

improving knowledge and transparency of production
and the market;

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;

(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;

(xiii) exploiting, protecting and promoting quality labels
and protected designations of origin and geographical
indications;

(d)

have lodged an application for
recognition with the
Member State concerned and the application contains the
following items:

(i)

(ii)

(iii)

(iv)

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

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

evidence that the entity represents a significant share
of the production of or trade in products covered by
this Regulation;

evidence that
the entity does not engage in the
production or processing or marketing of products
covered by this Regulation.

2. Organisations meeting the criteria set-out in paragraph 1,
which have been recognised by Member States,
shall be
considered as recognised inter-branch organisations under this
Article.

Article 66

Recognition procedure

1. 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 headquarters.

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

Article 67

Marketing rules

(viii) promoting integrated production or other environ-

mentally sound production methods;

1.
the
In order to improve and stabilise the operation of
common market in wines including the grapes, musts and wines
from which they derive, producer Member States, particularly by

6.6.2008

EN

Official Journal of the European Union

L 148/27

way of implementing decisions taken by inter-branch organisa-
tions, may lay down marketing rules to regulate supply.

TITLE IV

TRADE WITH THIRD COUNTRIES

Such rules shall be proportionate to the objective pursued and
shall not:

(a)

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

(b)

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

(c)

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 68

Monitoring

Member States shall:

(a)

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 64 and 65;

(b) withdraw recognition if a producer or

inter-branch
organisation no longer complies with the relevant require-
ments and impose penalties on such organisations in the
event of non-compliance or irregularities.

CHAPTER I

Common provisions

Article 70

General principles

1.
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
the following shall be
thereto,

2.
provisions adopted pursuant
prohibited in trade with third countries:

(a)

(b)

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

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

Article 71

Combined Nomenclature

the interpretation of

the Combined
The general rules for
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 72

Import and export licences

Article 69

Communication

1.
It may be decided, in accordance with the procedure referred
to in Article 113(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.

By 1 March each year and for the first time by 1 March 2009
Member States shall report to the Commission the decisions or
actions they have taken in accordance with Articles 66, 67 and
68 during the previous calendar year.

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.

L 148/28

EN

Official Journal of the European Union

6.6.2008

Article 73

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 74

Validity of licences

Import and export
Community.

licences shall be valid throughout

the

Article 75

Security

Save as otherwise provided for in accordance with the
1.
import and export
procedure referred to in Article 113(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.

2.
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.

Should derogations by the Council referred to in points B.5
2.
or C of Annex VI be applied to imported products, importers
shall lodge a security for those products with the designated
customs authorities at the time of release for free circulation. The
security shall be released on presentation by the importer of
the
proof, to the satisfaction of
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.

the customs authorities of

Article 77

Implementing measures

The measures necessary for the implementation of this Chapter
shall be adopted in accordance with the procedure referred to in
Article 113(1).

Those measures may in particular include:

(a)

(b)

(c)

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

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

the level of securities referred to in Articles 75 and 76 and
rules governing the release thereof;

(d) where applicable, the list of products in respect of which

import or export licences are required;

(e) where applicable, the conditions under which import or

export licences shall be issued and their term of validity.

Article 76

Special security

CHAPTER III

Safeguard and inward and outward processing

1.
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 the procedure referred to in
Article 113(1) 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.

the entry price of

If
the
the consignment
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 the procedure referred to in
Article 113(1), of the relevant provisions of customs legislation.

is not declared,

Article 78

Safeguard measures

1.
Safeguard measures against imports into the Community
shall be taken by the Commission, subject to paragraph 3 of this
Article, in accordance with Council Regulation (EC) No 519/94
of 7 March 1994 on common rules for imports from certain
third countries (1) and Council Regulation (EC) No 3285/94 of
22 December 1994 on the common rules for imports (2).

safeguard measures against

Save as otherwise provided for pursuant to any other act of
2.
the Council,
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.

imports

(1) OJ L 67, 10.3.1994, p. 89. Regulation as last amended by Regulation

(EC) No 427/2003 (OJ L 65, 8.3.2003, p. 1).

(2) OJ L 349, 31.12.1994, p. 53. Regulation as last amended by
Regulation (EC) No 2200/2004 (OJ L 374, 22.12.2004, p. 1).

6.6.2008

EN

Official Journal of the European Union

L 148/29

3. 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.

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

Decisions taken 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 decisions 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:

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

that

(b)

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

Article 79

Additional import duties

1. An additional import duty shall apply to imports, subject to
the rate of duty laid down in Article 70(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 (b) shall be based on market access
imports as a
opportunities defined, where applicable, as
percentage of the corresponding domestic consumption during
the three previous years.

2. 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
the

3.
determined on the basis of
consignment under consideration.

import prices of

the cif

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

for

Article 80

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 State or on the
Commission's initiative and in accordance with the procedure
referred to in Article 113(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 81

Implementing measures

The measures necessary for the implementation of this Chapter
shall be adopted in accordance with the procedure referred to in
Article 113(1).

CHAPTER IV

Rules applying to imports

Article 82

Import requirements

1.
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, where applicable, as well as Article 25(2) of this
Regulation shall apply to products falling under CN codes
2009 61, 2009 69 and 2204 which are imported into the
Community.

L 148/30

EN

Official Journal of the European Union

6.6.2008

Save as otherwise provided in agreements concluded
2.
pursuant to Article 300 of the Treaty, products referred to in
paragraph 1 of this Article shall be produced in accordance with
oenological practices recommended and published by the OIV or
authorised by the Community pursuant to this Regulation and its
implementing measures.

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

(a)

(b)

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 made public by the
in the country from which the product
Commission,
comes;

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 83

Tariff quotas

1. 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 113(1) of this Regulation.

2. 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)

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);

(c)

a method based on taking traditional trade patterns into
account (traditional/new arrival method).

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 84

Implementing measures

The measures necessary for the implementation of this Chapter
shall be adopted in accordance with the procedure referred to in
Article 113(1).

Those measures may in particular include:

(a)

details on the import requirements;

(b)

(c)

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

recognition of
guarantees referred to in (b).

the document used for verifying the

TITLE V

PRODUCTION POTENTIAL

CHAPTER I

Unlawful plantings

Article 85

Unlawful plantings planted after 31 August 1998

1.
Producers shall grub up at their own cost areas planted with
vines without a corresponding planting right, where applicable,
after 31 August 1998.

2.
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 at the exclusive expense of the producer.
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.

3. Without prejudice, where applicable, to earlier penalties
imposed by Member States, Member States
from
impose penalties on producers
31 December 2008 onwards,
who have not complied with this grubbing-up obligation
graduated according to the severity, extent and duration of the
non-compliance.

shall,

4. Member States shall communicate to the Commission by
1 March each year the areas planted with vines without a
corresponding planting right after 31 August 1998 as well as the
areas grubbed up in accordance with paragraph 1.

5. The end of
the transitional ban on new plantings on
31 December 2015, as provided for in Article 90(1), shall not
affect the obligations provided for in this Article.

Article 86

Obligatory regularisation of unlawful plantings planted
before 1 September 1998

1.
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, where applicable, before
1 September 1998.

6.6.2008

EN

Official Journal of the European Union

L 148/31

Without prejudice to any proceedings under clearance of
accounts,
subparagraph shall not apply to areas
regularised on the basis of Article 2(3) of Regulation (EC)
No 1493/1999.

the first

2. 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
in the region
concerned.

the corresponding planting right

3.
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 at
the exclusive expense of the producer. The products may not be
used in the preparation of alcohol having an actual alcoholic
strength of 80 % vol. or less.

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

Article 88

Accompanying measures

Areas referred to in the first subparagraph of Article 86(1) as
long as they are not regularised and areas referred to in
Article 85(1) shall not benefit from any national or Community
support measures.

Article 89

Implementing measures

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

The measures necessary for the implementation of this Chapter
shall be adopted in accordance with the procedure referred to in
Article 113(1).

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.

Pending the grubbing-up referred to in the first subparagraph,
paragraph 3 shall apply mutatis mutandis.

5. Member States shall communicate to the Commission by
1 March of each of the relevant years:

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

for the first

6. The end of
the transitional ban on new plantings on
31 December 2015 as provided for in Article 90(1), shall not
affect the obligations provided for in paragraphs 3, 4 and 5.

Article 87

Control of non-circulation or distillation

1.
In relation to Article 85(2) and Article 86(3) and (4),
Member States shall require proof of non-circulation of the
products concerned or, where the products concerned are
distilled, the submission of distillation contracts.

Those measures may include:

(a)

(b)

details on the communication requirements of Member
States including possible reductions of the budget alloca-
tions 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 85, 86 and 87.

CHAPTER II

Transitional planting right regime

Article 90

Transitional prohibition on planting vines

1. Without prejudice to Article 24 and in particular para-
graph 3 thereof, the planting of vines of wine grape varieties
classifiable according to Article 24(1) shall be prohibited until
31 December 2015.

2. Until 31 December 2015, grafting-on of wine grape
varieties classifiable according to Article 24(1) to varieties other
than wine grape varieties referred to in that Article shall also be
prohibited.

3. 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 91;

(b)

a replanting right, as provided for in Article 92;

2. Member States shall verify non-circulation and distillation
referred to in paragraph 1. They shall impose penalties in case of
non-compliance.

(c)

a planting right granted from a reserve as provided for in
Articles 93 and 94.

L 148/32

EN

Official Journal of the European Union

6.6.2008

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

5. Articles 91 to 96 shall apply until 31 December 2015.

4. 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.

6. Member States may decide to maintain the prohibition
referred to in paragraph 1 in their territory or parts of their
territory until 31 December 2018 at the latest. In such case the
rules governing the transitional planting right regime as laid
including this Article shall apply
down in this Chapter
accordingly in the given Member State.

Article 91

New planting rights

5. 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:

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

(i)

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

(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; or

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

consumption by the wine-grower's household.

2. New planting rights granted shall:

(a)

be exercised by the producer to whom they are granted;

(ii)

the cultivation of graft nurseries.

Member States shall ensure that the application of the derogation
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.

6.
Paragraphs 1 to 5 shall apply mutatis mutandis to rights
similar to replanting rights acquired under prior Community or
national legislation.

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

(b)

be used before the end of the second wine year after the
one in which they were granted;

Article 93

(c)

be used for the purposes for which they were granted.

Article 92

Replanting rights

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

However, grubbed-up areas for which a grubbing-up premium is
granted in accordance with Chapter III shall not generate
replanting rights.

2. 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.

National and regional reserve of planting rights

In order

1.
the production
to improve management of
potential Member States shall create a national reserve or
regional reserves of planting rights.

2. Member States which have established national or regional
reserves of planting rights under Regulation (EC) No 1493/1999
they apply the
may maintain those reserves as
transitional planting right
regime in accordance with this
Chapter.

long as

3. 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;

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

(c)

planting rights granted from the reserve.

6.6.2008

EN

Official Journal of the European Union

L 148/33

reserves. The conditions of

Producers may transfer replanting rights to the national or
4.
regional
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.

If regional reserves exist in a Member State, the Member
5.
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.

5. 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.

Transfers may be subject to a reduction coefficient.

Article 95

De minimis

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

This Chapter shall not apply in Member States where the
Community planting right regime did not apply by 31 December
2007.

Article 94

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 compe-
tence, who are setting up for the first time 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 (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 90(1) and (2) applies.

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

Article 96

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
information necessary for monitoring the develop-
additional
ment of production potential.

Article 97

Implementing measures

The measures necessary for the implementation of this Chapter
shall be adopted in accordance with the procedure referred to in
Article 113(1).

Those measures 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 92(2);

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

(c)

the application of the reduction coefficient referred to in
Article 94(5).

(a)

(b)

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.
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.

CHAPTER III

Grubbing-up scheme

Article 98

Scope and definition

4.
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.

This Chapter lays down the conditions under which vine-growers
shall receive a premium in exchange for grubbing up vines
(hereinafter referred to as the grubbing-up premium).

L 148/34

EN

Official Journal of the European Union

6.6.2008

Article 99

Duration of the scheme

The grubbing-up scheme shall apply until the end of the wine
year 2010/2011.

Article 100

Conditions of eligibility

may fix an earlier date than 15 September provided that it is later
than 30 June and provided that they take into due account,
where applicable, their application of the exemptions provided
for in Article 104.

2. Member States
shall carry out administrative controls
concerning the applications received, process eligible applica-
tions 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 grubbing-up premium may be granted only if the area
concerned complies with the following conditions:

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

(a)

(b)

it did not receive Community or national support for
restructuring and conversion-type measures within the 10
wine years preceding the grubbing-up request;

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

(c)

it is tended;

4. By 15 November each year,
in accordance with the
procedure referred to in Article 113(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
regard being had, where
resources,
applicable, to the application of Articles 104(2) and (3).

5. By 1 February each year, Member States shall accept the
applications:

(d)

(e)

(f)

it is not smaller than 0,1 hectare. However, that minimum
size may be 0,3 hectare, if a Member State so decides, for
certain administrative regions of
that Member State in
which the average of the area planted with vines of a wine
holding exceeds one hectare;

(a)

(b)

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

it is planted with a wine grape variety classifiable according
to Article 24(1).

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

the areas

resulting from the application of

for
the
percentage referred to in paragraph 4 based on objective
and non-discriminatory criteria and in accordance with the
following priorities:

(i) Member States shall give priority to applicants whose
application for the grubbing-up premium covers their
entire vineyard;

Notwithstanding point (e), areas regularised in accordance with
Article 2(3) of Regulation (EC) No 1493/1999 and Article 86(1)
of this Regulation shall be eligible for the grubbing-up premium.

(ii) Member States shall give second priority to applicants
who are not less than 55 years old, or older where
Member States so provide.

Article 101

Amount of the grubbing-up premium

By 1 March each year, Member States
shall notify the
Commission of the applications accepted split by regions and
by yield ranges and the total amount of grubbing-up premiums
paid by region.

1.
Scales for the grubbing-up premiums to be granted shall be
fixed in accordance with the procedure referred to in Article 113
(1).

For the preceding wine year, Member States shall notify the

6.
Commission, by 1 December each year, of:

2. 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.

(a)

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

(b)

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

Article 102

Procedure and budget

Article 103

Cross-compliance

Interested producers

1.
the
grubbing-up premium to the respective authorities in Member
States not later than 15 September of each year. Member States

submit applications

shall

for

Where farmers are found not to have complied on their holding,
at any time during three years from payment of the grubbing-up
premium, with the statutory management requirements and the

6.6.2008

EN

Official Journal of the European Union

L 148/35

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 those provisions.

Article 104

Exemptions

1. A Member State may decide
to reject any further
applications referred to in Article 102(1) once the accumulated
grubbed-up area on its territory reaches 8 % of its area planted
with vines as referred to in Annex VIII.

A Member State may decide to reject any further applications
referred to in Article 102(1) for a region once the accumulated
grubbed-up area in that region reaches 10 % of the region's area
planted with vines.

2.
It may be decided, in accordance with the procedure referred
to in Article 113(1), to stop the application of the grubbing-up
scheme in a Member State if, taking into account the pending
applications, continued grubbing-up would lead to a cumulated
area grubbed-up of more than 15 % of the Member State's total
area planted with vines as referred to in Annex VIII.

3.
It may be decided, in accordance with the procedure referred
to in Article 113(1), to stop the application of the grubbing-up
scheme in a Member State for a given year if, taking into account
the pending applications, continued grubbing-up would lead to
an area grubbed-up of more than 6 % of the Member State's total
area planted with vines as referred to in Annex VIII in that
particular year of the scheme's operation.

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)

justification for

the
paragraphs 4 and 5.

ineligibility in accordance with

9. Member States shall grant producers in the areas ineligible or
declared ineligible under paragraphs 4 to 7 priority under other
support measures laid down in this Regulation, in particular,
the restructuring and conversion measure
where applicable,
under the support programmes and rural development mea-
sures.

Article 105

De minimis

This Chapter shall not apply in Member States where wine
production does not exceed 50 000 hectolitres per wine year.
This production shall be calculated on the basis of the average
production during the previous five wine years.

Article 106

Complementary national aid

Member States may grant complementary national aid not
exceeding 75 % of
the applicable grubbing-up premium in
addition to the grubbing-up premium granted.

Article 107

Implementing measures

4. 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 113(1).

The measures necessary for the implementation of this Chapter
shall be adopted in accordance with the procedure referred to in
Article 113(1).

5. 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 3 % of the total area planted with vines
as referred to in Annex VIII.

6. Greece may declare areas planted with vines on the Aegean
islands and the Greek Ionian islands, with the exception of Crete
and Eubia, ineligible under the grubbing-up scheme.

Those measures may in particular include:

(a)

details on the conditions of eligibility referred to in
Article 100, in particular as regards proof that areas were
properly tended in 2006 and 2007;

(b)

the premium scales and levels referred to in Article 101;

(c)

the criteria for exemption as referred to in Article 104;

7. The grubbing-up scheme set out in this Chapter shall not
apply in the Azores, Madeira and Canary Islands.

(d)

the possibility
8. Member States deciding to make use of
provided for in paragraphs 4 to 6 shall communicate, by

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;

L 148/36

EN

Official Journal of the European Union

6.6.2008

(e)

the reporting requirements as regards complementary
national aid;

Article 112

Accompanying documents and register

(f)

deadlines for payments.

TITLE VI

GENERAL PROVISIONS

Article 108

Vineyard register

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

2. Member States in which the total area planted with vines of
wine grape varieties classifiable according to Article 24(1) is less
than 500 hectares shall not be subject to the obligation laid
down in paragraph 1.

Article 109

Inventory

Member States, which provide for the measure ‘restructuring and
conversion of vineyards’
in
in their
accordance with Article 11, shall, on the basis of the vineyard
register referred to in Article 108, submit to the Commission, by
1 March each year and for the first time by 1 March 2009, an
updated inventory of their production potential.

support programmes

Article 110

Duration of vineyard register and inventory

It may be decided, in accordance with the procedure referred to
in Article 113(1), that Articles 108 and 109 no longer apply any
time after 1 January 2016.

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

2. 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 113(1), shall keep inwards and outwards
registers in respect of those products.

Article 113

Committee procedure

1. Where reference is made to this paragraph, Article 195(2) of
Regulation (EC) No 1234/2007 shall apply.

2. Where reference is made to this paragraph:

(a)

the Commission shall be
Committee;

assisted by a Regulatory

(b) Articles 5 and 7 of Decision 1999/468/EC shall apply;

(c)

the period referred to in Article 5(6) of Decision 1999/468/
EC shall be three months.

Article 114

Financial resources

The measures provided for in Chapter I of Title II, with the
exception of the measure referred to in Article 7(1)(a), 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.

Article 111

Compulsory declarations

1.
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.

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

Article 115

Exchange of information between the Member States and
the Commission

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

3.
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.

2. Detailed rules shall be adopted in accordance with the
procedure referred to in Article 113(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.

6.6.2008

EN

Official Journal of the European Union

L 148/37

Article 116

Monitoring

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

(a)

the computerised data base;

(b)

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 117

Controls and administrative penalties and their reporting

With the exception of the matter covered by Article 145(n)(a) of
Regulation (EC) No 1782/2003, the following shall be adopted
in accordance with the procedure referred to in Article 113(1) of
this Regulation:

(a)

(b)

(c)

(d)

(e)

the rules ensuring uniform application of Community
in particular as regards
provisions in the wine sector,
controls,
financial
procedures for the improvement of controls;

and rules governing the

specific

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;

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;

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

Article 118

Designation of responsible national authorities

1. Without prejudice to Article 47, Member States shall
designate one or more authorities which shall be responsible
for ensuring compliance with Community rules in the wine
sector.
the
laboratories authorised to carry out official analyses in the wine
sector. The designated laboratories shall meet the general criteria

In particular, Member States

shall designate

the operation of

for
IEC 17025.

testing laboratories set out

in ISO/

2. 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
public.

Article 119

National aid for distillation in case of crisis

1.
From 1 August 2012 Member States may grant national aid
to wine producers for the voluntary or mandatory distillation of
wine in justified cases of crisis.

2. The aid referred to in paragraph 1 shall be proportionate
and allow this crisis to be addressed.

3. The overall amount of aid available in a Member State in any
given year for such aid shall not exceed 15 % of the globally
available funds per Member State laid down in annex II for that
year.

4. Member States who wish to make use of the aid referred to
in paragraph 1 shall submit a duly substantiated notification to
the Commission. The decision on whether the measure is
approved and aid may be granted shall be adopted in accordance
with the procedure referred to in Article 113(1).

resulting from distillation referred to in
5. The alcohol
paragraph 1 shall be used exclusively for industrial or energy
purposes so as to avoid distortion of competition.

Article 120

Report from the Commission

The Commission shall produce a report by the end of 2012, in
particular taking into account the experience gained with the
implementation of the reform.

Article 121

Implementing measures

The measures necessary for the implementation of this Title shall
be adopted in accordance with the procedure referred to in
Article 113(1).

Those measures may in particular include:

(a)

(b)

details of the vineyard register provided for in Article 108
and in particular of its use concerning monitoring and
control of the production potential;

details of the inventory provided for in Article 109 and in
particular of its use concerning monitoring and control of
the production potential;

(c)

details concerning the measurement of areas;

L 148/38

EN

Official Journal of the European Union

6.6.2008

(d)

penalties in case of non-compliance with the communica-
tion requirements;

3.

the following paragraph shall be inserted in Article 41:

(e)

the compulsory declarations provided for in Article 111;

(f)

the accompanying documents and the register provided for
in Article 112;

(g)

details on the national aid referred to in Article 119.

TITLE VII

AMENDMENTS, TRANSITIONAL AND FINAL PROVISIONS

CHAPTER I

Amendments

Article 122

Amendment to Regulation (EC) No 1493/1999

In the first subparagraph of Article 2(3) of Regulation (EC)
No 1493/1999, the words ‘31 July 2002’ shall be replaced by the
following:

‘31 July 2008’.

Article 123

‘1b.
In the case of wine and taking into account the latest
data made available to it by the Member States in
accordance with Articles 9 and 102(6) of Council
Regulation (EC) No 479 of 29 April 2008 on the common
organisation of the market in wine (*), 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. By 1 December of
the year preceding the adaptation of the national ceilings
Member States shall communicate to the Commission the
regional average of the value of entitlements referred to in
point N of Annex VII to this Regulation.

(*) OJ L 148, 6.6.2008, p. 1’;

4.

the following point shall be inserted in Article 43(2):

‘(ad)

in the case of wine, the number of hectares
as calculated in accordance with points N
and O of Annex VII;’

5.

Article 44(2) shall be replaced by the following:

‘2.
“Eligible hectare” shall mean any agricultural area of
the holding except areas under forests or used for non
agricultural activities.’;

6.

Article 51 shall be replaced by the following:

Amendments to Regulation (EC) No 1782/2003

‘Article 51

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

Agricultural use of the land

1.

point (a) of Article 33(1) shall be replaced by the following:

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

‘(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
they have benefited from
case of bananas,
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, ware potatoes and
nurseries 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 as referred to in
points N and O of Annex VII,’;

if

By way of derogation from the first subparagraph, Member
States may decide by 1 November 2007 that until a date to
than
be fixed by the Member State but not
31 December 2010, the parcels in one or more regions
of the Member States may continue not to be used for:

later

(a)

the products
the production of one or more of
referred to in Article 1(2) of Regulation (EC) No 2200/
96 and in Article 1(2) of Regulation (EC) No 2201/96.
However in this case, Member States may decide to
allow secondary crops to be cultivated on the eligible
hectares during a period of maximum three months
starting each year on 15 August; however, at the
request of a Member State, this date shall be modified
in accordance with the procedure laid down in
Article 144(2) for regions where cereals are normally
harvested earlier for climatic reasons;

2.

the following subparagraph shall be added to Article 37(1):

(b)

the production of ware potatoes; and/or

‘For wine the reference amount shall be calculated and
adjusted in accordance with points N and O of Annex VII.’;

(c)

nurseries.’;

6.6.2008

EN

Official Journal of the European Union

L 148/39

7.

the following subparagraph shall be added to Article 63(3):

O. Wine (transfer from support programmes)

‘With regard to the inclusion of the wine component in the
single payment scheme, Member States may decide, by
1 April 2009, to apply the derogation provided for in the
first subparagraph.’;

Where Member States choose to provide support
in
accordance with Article 9 of Regulation (EC) No 479, they
shall establish the reference amount of each farmer as well
as the applicable hectares referred to in Article 43(2) of this
Regulation:

8.

the following paragraph shall be added to Article 71c:

— on the basis of objective and non-discriminatory

criteria,

‘In the case of wine and taking into account the latest data
made available to it by the Member States in accordance
with Articles 9 and 102(6) of Regulation (EC) No 479, 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 VIIIa to this Regulation.
By 1 December of the year preceding the adaptation of the
national ceilings Member States shall communicate to the
Commission the regional average of the value of entitle-
ments referred to in point N of Annex VII
to this
Regulation.’;

9.

in Article 145:

— the following point shall be inserted:

— in respect of a representative reference period of one
or more wine years starting from the wine year 2005/
2006. However, the reference criteria used to establish
the reference amount and applicable hectares shall not
be based on a reference period including wine years
after the wine year 2007/2008 where the transfer in
compensation to
support programmes
farmers who have hitherto received support
for
potable alcohol distillation or have been the economic
beneficiaries of the support for the use of concen-
trated grape must to enrich wine under Regulation
(EC) No 479,

concerns

— which shall not exceed the overall available amount
this measure referred to in Article 6(e) of

for
Regulation (EC) No 479.’;

‘(d)e) detailed rules relating to the inclusion of wine
support into the single payment scheme in accordance
with Regulation (EC) No 479;’,

12.

in Annex VIII,

— the following point shall be inserted:

first column of the table,

— an asterisk shall be inserted after the word ‘Italy’ in the

‘(n)a) with regard to wine, detailed rules relating to
cross-compliance as laid down in Articles 20 and 103
of Regulation (EC) No 479;’;

10.

in the second column of Annex IV, the last indent shall be
replaced by the following indent:

— the following shall be added underneath the table:

‘The amounts for Italy corresponding to years 2008,
2009 and 2010 shall be reduced by EUR 20 millions
(see footnote to Annex II to Regulation (EC) No 479)’.

‘— Maintenance of olive groves and vines in good

vegetative condition’;

Article 124

Amendment to Regulation (EC) No 1290/2005

11.

the following points shall be added to Annex VII:

Article 12(2)of Regulation (EC) No 1290/2005, shall be replaced
by the following:

‘N. Wine (grubbing-up)

Farmers who participate in the grubbing-up scheme laid
down in Chapter III of Title V of Regulation (EC) No 479
shall be allocated, in the year following the grubbing-up,
payment entitlements equal to the number of hectares for
which they have received a grubbing-up premium.

‘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 378/2007 of
27 March 2007 laying down rules for voluntary modulation of
direct payments provided for in Regulation (EC) No 1782/2003
(*) and Article 23(2) of Council Regulation (EC) No 479
of 29 April 2008 on the common organisation of the market in
wine (**), are made available to the EAFRD.

The unit value of these payment entitlements shall be equal
to the regional average of the value of the entitlements of
the corresponding region. However, the unit value shall in
any case not exceed EUR 350/ha.

(*) OJ L 95, 5.4.2007, p. 1.
(**) OJ L 148, 6.6.2008, p. 1’.

L 148/40

EN

Official Journal of the European Union

6.6.2008

Article 125

CHAPTER II

Amendments to Regulation (EC) No 3/2008

Transitional and final provisions

Regulation (EC) No 3/2008 is hereby amended as follows:

1.

in Article 2:

— point (c) of paragraph 1 shall be replaced by the

following:

‘(c)

information campaigns on the Community
system covering wines with a protected designa-
tion of origin or geographical indication, wines
with an indication of the wine grape variety and
spirit drinks with a protected geographical
indication;’,

— paragraph 2 shall be replaced by the following:

Article 126

Provisions facilitating transition

In accordance with the procedure referred to in Article 113(1),
measures may be adopted:

(a)

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

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

measures,
provisions of this Regulation.

Article 127

Applicability of State aid rules

‘2. On the internal market, the measures referred to
in Article 1(1) may include actions of information on
responsible drinking patterns and harm linked to
hazardous alcohol consumption.

1.
Subject to paragraph 2, Articles 87, 88 and 89 of the Treaty
shall apply to the production of and trade in the products
covered by this Regulation.

On the internal market, eligible measures may also
take the form of participation in events, fairs and
exhibitions of national and European importance, by
means of stands aimed at enhancing the image of
Community products.’;

2. Articles 87, 88 and 89 of the Treaty shall not apply to:

(a)

support referred to in Article 3 of this Regulation including
support financed in accordance with Article 18(5);

2.

point (e) of Article 3(1) shall be replaced by the following:

(b)

complementary national aids referred to in Article 106;

(c)

national aid referred to in Article 119.

‘(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 protected geographical indication and
the need to inform on responsible drinking patterns
and harm linked to hazardous alcohol consumption.’;

3.

the following subparagraph shall be added to Article 13(2):

‘The percentage provided for in the first subparagraph shall
be 60 % for measures carried out
in the Community
concerning information on responsible drinking patterns
and harm linked to hazardous alcohol consumption.’

Article 128

Repeals, transitional continued applicability and references

Subject to paragraphs 2 and 3, Regulations (EEC) No 2392/

1.
86 and (EC) No 1493/1999 shall be repealed.

2. Regulation (EC) No 2392/86 and Chapters I and II of
Title V, Title VI, Articles 24 and 80 and the corresponding
provisions in particular in the relevant Annexes to Regulation
(EC) No 1493/1999 shall
the
corresponding Chapters of this Regulation start to apply in
accordance with Article 129(2)(e).

to apply until

continue

6.6.2008

EN

Official Journal of the European Union

L 148/41

3. The following measures set out in Regulation (EC) No 1493/
1999 shall continue to apply in so far as measures eligible under
that Regulation have been commenced or undertaken before
1 August 2008:

(a)

II and III of Title II
the measures under Chapters
(abandonment premiums and restructuring and conver-
sion). However, no support shall be paid after 15 October
2008 under Chapter III of Title II;

2.

It shall apply from 1 August 2008, except as follows:

(a) Articles 5 to 8 shall apply from 30 June 2008;

(b) Article 122 shall apply from 1 January 2008;

(b)

the measures under Title III (market mechanisms);

(c) Article 123 shall apply from 1 January 2009;

(c)

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

4. References made to the repealed Regulation (EC) No 1493/
1999 shall, where applicable, be construed as being made to this
Regulation.

Article 129

Entry into force and applicability

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

(d) Chapter III of Title V shall apply from 30 June 2008;

(e) Chapters II, III, IV, V and VI of Title III, Articles 108, 111
and 112 and the corresponding provisions in particular in
the relevant Annexes shall apply from 1 August 2009 save
as otherwise provided by way of regulation to be adopted in
accordance with the procedure referred to in Article 113(1).

3. Chapter II of Title V shall apply until 31 December 2015.

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

Done at Luxembourg, 29 April 2008.

For the Council

The President

D. RUPEL

L 148/42

EN

Official Journal of the European Union

6.6.2008

ANNEX I

DEFINITIONS

General

1.

‘Wine year’ shall mean 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.

‘Grubbing-up’ shall mean the complete elimination of all vine stocks on an area planted with vines.

‘Planting’ shall mean 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.

4.

‘Grafting-on’ shall mean the grafting of a vine which has already been subject to a previous grafting.

Produce-related

5.

‘Fresh grapes’ shall mean 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.

6.

‘Fresh grape must with fermentation arrested by the addition of alcohol’ shall mean a product which:

(a)

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

(b)

is obtained by addition to unfermented grape must, which has a natural alcoholic strength of not less than
8,5 % vol. and is exclusively derived from wine grape varieties classifiable according to Article 24(1):

(i)

(ii)

either of neutral alcohol of vinous origin, including alcohol obtained from the distillation of dried grapes,
having an actual alcoholic strength of not less than 96 % vol.;

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

7.

‘Grape juice’ shall mean the unfermented but fermentable liquid product which:

(a)

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

(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 of the grape juice of not more than 1 % vol. is permissible.

8.

‘Concentrated grape juice’ shall mean uncaramelised grape juice obtained by partial dehydration of grape juice carried
out by any authorised method other than by direct heat in such a way that the figure indicated by a refractometer used
in accordance with a method to be prescribed at a temperature of 20 oC is not less than 50,9 %.

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

9.

‘Wine lees’ shall mean:

(a)

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

(b)

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

6.6.2008

EN

Official Journal of the European Union

L 148/43

(c)

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

(d)

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

10.

‘Grape marc’ shall mean the residue from the pressing of fresh grapes, whether or not fermented.

11.

‘Piquette’ shall mean 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’ shall mean a product which:

(a)

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

(b)

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 of 86 % vol.;

(c)

has a maximum volatile acidity of 1,5 grams per litre, expressed as acetic acid.

13.

‘Cuvée’ shall mean:

(a)

the grape must;

(b)

the wine;

(c)

the mixture of grape musts and/or wines with different characteristics,

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

Alcoholic strength

14.

15.

‘Actual alcoholic strength by volume’ shall mean the number of volumes of pure alcohol contained at a temperature of
20 oC in 100 volumes of the product at that temperature.

‘Potential alcoholic strength by volume’ shall mean the number of volumes of pure alcohol at a temperature of 20 oC
capable of being produced by total fermentation of the sugars contained in 100 volumes of the product at that
temperature.

16.

‘Total alcoholic strength by volume’ shall mean the sum of the actual and potential alcoholic strengths.

17.

18.

19.

‘Natural alcoholic strength by volume’ shall mean the total alcoholic strength by volume of a product before any
enrichment.

‘Actual alcoholic strength by mass’ shall mean the number of kilograms of pure alcohol contained in 100 kilograms of
product.

‘Potential alcoholic strength by mass’ shall mean the number of kilograms of pure alcohol capable of being produced
by total fermentation of the sugars contained in 100 kilograms of the product.

20.

‘Total alcoholic strength by mass’ shall mean the sum of the actual and potential alcoholic strength.

L 148/44

EN

Official Journal of the European Union

6.6.2008

ANNEX II

BUDGET FOR SUPPORT PROGRAMMES

(referred to in Article 8(1))

Budget year

2009

2010

2011

2012

2013

in EUR 1 000

From 2014
onwards

BG

CZ

DE

EL

ES

FR

15 608

21 234

22 022

27 077

26 742

26 762

2 979

22 891

14 286

4 076

30 963

19 167

4 217

32 190

19 840

5 217

39 341

24 237

5 151

38 867

23 945

5 155

38 895

23 963

213 820

284 219

279 038

358 000

352 774

353 081

171 909

226 814

224 055

284 299

280 311

280 545

IT (*)

238 223

298 263

294 135

341 174

336 736

336 997

CY

LT

LU

HU

MT

AT

PT

RO

SI

SK

UK

2 749

3 704

3 801

4 689

4 643

4 646

30

344

37

467

45

485

45

595

45

587

45

588

16 816

23 014

23 809

29 455

29 081

29 103

232

8 038

37 802

42 100

3 522

2 938

160

318

10 888

51 627

42 100

4 820

4 022

221

329

11 313

53 457

42 100

4 987

4 160

227

407

13 846

65 989

42 100

6 169

5 147

284

401

13 678

65 160

42 100

6 091

5 082

280

402

13 688

65 208

42 100

6 095

5 085

280

(*) The national ceilings in Annex VIII to Regulation (EC) No 1782/2003 for Italy corresponding to years 2008, 2009 and 2010 are reduced
by EUR 20 millions and those amounts have been included in the budget amounts of Italy for the years 2009, 2010 and 2011 as laid
down in this table.

6.6.2008

EN

Official Journal of the European Union

L 148/45

ANNEX III

BUDGET ALLOCATION FOR RURAL DEVELOPMENT

(referred to in Article 23(3))

Budget year

2009

2010

From 2011 onwards

in EUR 1 000

BG

CZ

DE

EL

ES

FR

IT

CY

LT

LU

HU

MT

AT

PT

RO

SI

SK

UK

—

—

—

—

15 491

11 849

13 160

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

30 950

23 663

26 287

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

46 441

35 512

39 447

—

—

—

—

—

—

—

—

—

—

—

L 148/46

EN

Official Journal of the European Union

6.6.2008

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)

have, whether or not following application of the processes specified in point B of Annex V, an actual alcoholic
strength of not less than 8,5 % vol. provided that the wine derives exclusively from grapes harvested in wine-growing
zones A and B referred to in 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, 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 of not less than 4,5 % vol.;

(c)

have a total alcoholic strength of not more than 15 % vol.. By way of derogation:

— the upper limit for the total alcoholic strength may reach up to 20 % vol. for wines from certain wine-growing
areas of the Community, to be decided in accordance with the procedure referred to in Article 113(2), which
have been produced without any enrichment,

— the upper limit for the total alcoholic strength may exceed 15 % vol. for wines with a protected designation of

origin which have been produced without enrichment;

(d)

have, subject to derogations which may be adopted in accordance with the procedure referred to in Article 113(2), a
total acidity content, expressed as tartaric acid, of not less than 3,5 grams per litre or 46,6 milliequivalents 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.

By way of derogation from point (b) ‘Tokaji eszencia’ and ‘Tokajská esencia’ are considered wine.

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)

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

(b) which has a total alcoholic strength 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 113(2);

(c)

which is obtained from:

— grape must in fermentation,

— wine,

— 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 113(2), with a protected designation of origin or geographical indication are
concerned;

6.6.2008

EN

Official Journal of the European Union

L 148/47

(d) which has an initial natural alcoholic strength 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 113(2);

(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 of not less than 96 % vol.,

— wine or dried grape distillate, having an actual alcoholic strength 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)(i) 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 113(2):

(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 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 of not less than 52 % vol.

and not more than 86 % vol.,

— spirits distilled from dried grapes, with an actual alcoholic strength 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,

— 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,

— from grape must,

— from wine;

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

L 148/48

EN

Official Journal of the European Union

6.6.2008

(c)

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

(d)

for which the total alcoholic strength of the cuvées intended for their preparation shall not be less than 8,5 % vol.

5.

Quality sparkling wine

Quality sparkling wine shall be the product:

(a)

which is obtained by first or second alcoholic fermentation:

— from fresh grapes,

— from grape must,

— from wine;

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

(c)

which has an excess pressure, due to carbon dioxide in solution, of not less than 3,5 bar when kept at a temperature of
20 oC in closed containers;

(d)

for which the total alcoholic strength of the cuvées intended for their preparation shall not be less than 9 % vol.

6.

Quality aromatic sparkling wine

Quality aromatic sparkling wines shall be the quality sparkling wine:

(a)

which is obtained only by making use, when constituting the cuvée, of grape must or grape must in fermentation
which are derived from specific wine grape varieties on a list to be drawn up in accordance with the procedure
referred to in Article 113(2). Quality aromatic sparkling wines traditionally produced using wines when constituting
the cuvée, shall be determined in accordance with the procedure referred to in Article 113(2);

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

20 oC in closed containers;

(c)

of which the actual alcoholic strength may not be less than 6 % vol.;

(d)

of which the total alcoholic strength may not be less than 10 % vol.

Specific rules concerning other supplementary characteristics or conditions of production and circulation shall be adopted
in accordance with the procedure referred to in Article 113(2).

7.

Aerated sparkling wine

Aerated sparkling wine shall be the product which:

(a)

is obtained from wine without a protected designation of origin or a geographical indication;

(b)

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

(c)

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

6.6.2008

EN

Official Journal of the European Union

L 148/49

8.

Semi-sparkling wine

Semi-sparkling wine shall be the product which:

(a)

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

(b)

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

(c)

has an excess pressure, due to endogenous carbon dioxide in solution of not less than 1 bar and not more than 2,5 bar
when kept at a temperature of 20 oC in closed containers;

(d)

is put up in containers of 60 litres or less.

9.

Aerated semi-sparkling wine

Aerated semi-sparkling wine shall be the product which:

(a)

is obtained from wine;

(b)

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

(c)

has an excess pressure of not less than 1 bar and not more than 2,5 bar when kept at a temperature of 20 oC in closed
containers due to carbon dioxide in solution which has been wholly or partially added;

(d)

is put up in containers of 60 litres or less.

10. Grape must

Grape must shall be the liquid product obtained naturally or by physical processes from fresh grapes. An actual alcoholic
strength of the grape must of not more than 1 % vol. is permissible.

11. Partially fermented grape must

Grape must in fermentation shall be the product obtained from the fermentation of grape must which has an actual
alcoholic strength of more than 1 % vol. but less than three fifths of its total alcoholic strength by volume.

12. Partially fermented grape must 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 of which shall not be less than 8 % vol. However, certain wines, to be
determined in accordance with the procedure referred to in Article 113(2), that meet these requirements shall not be
considered as grape must in fermentation extracted from raisined grapes.

13. Concentrated grape must

Concentrated grape must shall be uncaramelised grape must which 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 31 at a temperature of 20 oC is not less than 50,9 %.

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

L 148/50

EN

Official Journal of the European Union

6.6.2008

14. Rectified concentrated grape must

Rectified concentrated grape must shall be the liquid uncaramelised product which:

(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 31 at a temperature of 20 oC is not less than 61,7 %;

(b)

has undergone authorised treatment for de-acidification and elimination of constituents other than sugar;

(c)

has the following characteristics:

— a pH of not more than 5 at 25 oBrix,

— an optical density at 425 nm for a thickness of 1 cm of not more than 0,100 in grape must concentrated at

25 oBrix,

— a sucrose content undetectable by a method of analysis to be defined,

— a Folin-Ciocalteu index of not more than 6,00 at 25 oBrix,

— a titratable acidity of not more than 15 milliequivalents 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 milliequivalents per kilogram of total sugars,

— a conductivity at 25 oBrix and 20 oC of not more than 120 micro-Siemens/cm,

— a hydroxymethylfurfural content of not more than 25 milligrams per kilogram of total sugars,

— presence of mesoinositol.

An actual alcoholic strength of the rectified concentrated grape must of not more than 1 % vol. is permissible.

15. Wine from raisined grapes

Wine from raisined grapes shall be the product which:

(a)

is produced without enrichment, from grapes left in the sun or shade for partial dehydration;

(b)

has a total alcoholic strength of at least 16 % vol. and an actual alcoholic strength of at least 9 % vol.;

(c)

has a natural alcoholic strength of a least 16 % vol. (or 272 grams sugar/litre).

16. Wine of overripe grapes

Wine of overripe grapes shall be the product which:

(a)

is produced without enrichment;

(b)

has a natural alcoholic strength of more than 15 % vol.;

(c)

has a total alcoholic strength of not less than 15 % vol. and an actual alcoholic strength of not less than 12 % vol.

Member States may prescribe a period of ageing for this product.

6.6.2008

EN

Official Journal of the European Union

L 148/51

17. Wine vinegar

Wine vinegar shall be vinegar which:

(a)

is obtained exclusively by acetous fermentation of wine;

(b)

has a total acidity of not less than 60 grams per litre expressed as acetic acid.

L 148/52

EN

Official Journal of the European Union

6.6.2008

ENRICHMENT, ACIDIFICATION AND DE-ACIDIFICATION IN CERTAIN WINE GROWING ZONES

ANNEX V

A.

Enrichment limits

1. Where climatic conditions have made it necessary in certain wine-growing zones of the Community referred to in
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 wine grape
varieties classifiable according to Article 24(1).

2.

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)

3 % vol. in wine-growing zone A referred to in Annex IX;

(b)

2 % vol. in wine-growing zone B referred to in Annex IX;

(c)

1,5 % vol. in wine-growing zones C referred to in Annex IX.

3.

B.

1.

2.

3.

In years when climatic conditions have been exceptionally unfavourable Member States may request that the limit(s)
laid down in paragraph 2 be raised by 0,5 %. In response to such a request, the Commission should present the draft
legislative measure to the Committee foreseen in Article 195(1) of Regulation (EC) No 1234/2007 as soon as possible.
The Commission will endeavour to take a decision in accordance with the procedure referred to in Article 113(1) of
this Regulation within four weeks after the request has been lodged.

Enrichment processes

The increase in natural alcoholic strength by volume provided for in point A shall only be effected:

(a)

(b)

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

in respect of grape must, by adding sucrose, 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 paragraph 1 shall be mutually exclusive where wine or grape must is enriched with
concentrated grape must or rectified concentrated grape must and an aid is paid under Article 19.

The addition of sucrose provided for in paragraph 1(a) and (b) may only be performed by dry sugaring and only in the
following areas:

(a)

wine-growing zone A referred to in Annex IX;

(b) wine-growing zone B referred to in Annex IX;

(c)

wine-growing zone C referred to in Annex IX, with the exception of vineyards in Italy, Greece, Spain, Portugal,
Cyprus and vineyards in the French departments under jurisdiction of the courts of appeal of:

— Aix-en-Provence,

— Nîmes,

— Montpellier,

— Toulouse,

— Agen,

— Pau,

6.6.2008

EN

Official Journal of the European Union

L 148/53

— Bordeaux,

— Bastia.

However, enrichment by dry sugaring may be authorised by the national authorities as an exception in the above
mentioned French departments. France shall notify the Commission and the other Member States forthwith of any
such authorisations.

4.

The addition of concentrated grape must or rectified concentrated grape must shall not have the effect of increasing
the initial volume of fresh crushed grapes, grape must, grape must in fermentation or new wine still in fermentation
by more than 11 % in wine-growing zone A, 8 % in wine-growing zone B and 6,5 % in wine-growing zone C referred
to in Annex IX.

5.

The concentration of grape must or of wine subjected to the processes referred to in paragraph 1:

(a)

shall not have the effect of reducing the initial volume of these products by more than 20 %;

(b)

shall, notwithstanding point A(2)(c), not increase the natural alcoholic strength of these products by more than
2 % vol.

6.

The processes referred to in paragraphs 1 and 5 shall not raise the total alcoholic strength of the fresh grapes, grape
must, grape must in fermentation, new wine still in fermentation, or wine:

(a)

in wine-growing zone A referred to in Annex IX to more than 11,5 % vol.;

(b)

in wine-growing zone B referred to in Annex IX to more than 12 % vol.;

(c)

in wine-growing zone C I referred to in Annex IX to more than 12,5 % vol.;

(d)

in wine-growing zone C II referred to in Annex IX to more than 13 % vol.; and

(e)

in wine-growing zone C III referred to in Annex IX to more than 13,5 % vol.

7.

By way of derogation from paragraph 6, Member States may

(a)

(b)

for red wine raise the upper limit of total alcoholic strength of the products referred to in paragraph 6
to 12 % vol. in wine-growing zone A and 12,5 % vol. in wine-growing zone B referred to in Annex IX;

raise the total alcoholic strength by volume of the products referred to in paragraph 6 for the production of
wines with a designation of origin to a level to be determined by Member States.

C.

1.

2.

3.

4.

Acidification and de-acidification

Fresh grapes, grape must, grape must in fermentation, new wine still in fermentation and wine may be subject to:

(a)

de-acidification in wine-growing zones A, B and C I referred to in Annex IX;

(b)

acidification and de-acidification in wine-growing zones C I, C II and C III (a) referred to in Annex IX, without
prejudice to paragraph 7; or

(c)

acidification in wine-growing zone C III (b) referred to in Annex IX.

Acidification of the products, other than wine, referred to in paragraph 1 may be carried out only up to a limit of
1,50 g/l expressed as tartaric acid, or 20 milliequivalents per litre.

Acidification of wines may be carried out only up to a limit of 2,50 g/l expressed as tartaric acid, or
33,3 milliequivalents per litre.

De-acidification of wines may be carried out only up to a limit of 1 g/l expressed as tartaric acid, or
13,3 milliequivalents per litre.

5.

Grape must intended for concentration may be partially de-acidified.

L 148/54

EN

Official Journal of the European Union

6.6.2008

6.

7.

D.

1.

2.

3.

4.

Notwithstanding paragraph 1, in years when climatic conditions have been exceptional, Member States may authorise
acidification of the products referred to in paragraph 1 in wine-growing zones A and B, referred to in Annex IX, under
the conditions referred to in paragraphs 2 and 3.

Acidification and enrichment, except by way of derogation to be decided in accordance with the procedure referred to
in Article 113(2), 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 113(2), 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 paragraphs 1, 2 and 3 shall be notified to the competent authorities. The same
shall apply in respect of the quantities of concentrated grape must rectified concentrated grape must or sucrose 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 113(2), 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.

5.

Each of the processes referred to in points B and C shall be recorded on the accompanying document, as provided for
in Article 112, under cover of which the products having undergone the processes are put into circulation.

6.

Those processes, subject to derogations justified by exceptional climatic conditions, shall not be carried out:

(a)

in wine-growing zone C referred to in Annex IX after 1 January;

(b)

in wine-growing zones A and B referred to in Annex IX after 16 March and

they shall be carried out only for products of the grape harvest immediately preceding those dates.

7.

Notwithstanding paragraph 6, concentration by cooling and acidification and de-acidification of wines may be
practised throughout the year.

6.6.2008

EN

Official Journal of the European Union

L 148/55

ANNEX VI

RESTRICTIONS

A.

1.

2.

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.

3. Wine fortified for distillation shall only be used for distillation.

B.

1.

2.

3.

4.

5.

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 paragraphs 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.

Unless otherwise decided by the Council 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, concentrated grape juice and wine, or
mixtures of those products, originating in third countries may not be turned into products referred to in Annex IV or
added to such products in the territory of the Community.

C.

Blending of wines

Unless otherwise decided by the Council 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.

D.

1.

2.

3.

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 that shall be contained in the marc and the lees after pressing of the
grapes.

The quantity of alcohol contained in those by-products shall be decided by Member States at a level at least equal to
5 % in relation to the volume of alcohol contained in the wine produced.

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 pouring of wine onto lees or grape marc or pressed aszú pulp shall be
allowed under conditions to be determined in accordance with the procedure referred to in Article 113(2) where this
practice is traditionally used for the production of ‘Tokaji fordítás’ and ‘Tokaji máslás’ in Hungary and ‘Tokajský
forditáš’ and ‘Tokajský mášláš’ in Slovakia.

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.

L 148/56

EN

Official Journal of the European Union

6.6.2008

4.

Piquette, where its production is authorised by the Member State concerned, shall be used only for distillation or for
consumption in wine-producers' households.

5. Without prejudice to the possibility for Member States to decide to require disposal of by-products by way of
distillation, any natural or legal persons or groups of persons who hold by-products shall be required to dispose of
them subject to conditions to be determined in accordance with the procedure referred to in Article 113(2).

6.6.2008

EN

Official Journal of the European Union

L 148/57

ANNEX VII

BUDGET FOR GRUBBING-UP SCHEME

The budget available for the grubbing-up scheme referred to in Article 102(3) shall be:

(a)

for the wine year 2008/2009 (2009 budget year): EUR 464 million;

(b)

for the wine year 2009/2010 (2010 budget year): EUR 334 million;

(c)

for the wine year 2010/2011 (2011 budget year): EUR 276 million.

L 148/58

EN

Official Journal of the European Union

6.6.2008

ANNEX VIII

Areas which Member States may declare ineligible for the grubbing-up scheme

(referred to in Article 104(1), (2) and (5))

Member State

Total area planted with vines

Areas referred to in Article 104(5)

(in ha)

BG

CZ

DE

EL

ES

FR

IT

CY

LU

HU

MT

AT

PT

RO

SI

SK

135 760

19 081

102 432

69 907

1 099 765

879 859

730 439

15 023

1 299

85 260

910

50 681

238 831

178 101

16 704

21 531

4 073

572

3 073

2 097

32 993

26 396

21 913

451

39

2 558

27

1 520

7 165

5 343

501

646

6.6.2008

EN

Official Journal of the European Union

L 148/59

ANNEX IX

WINE-GROWING ZONES

(referred to in Annexes IV and V)

The wine-growing zones shall be the following:

1. Wine-growing zone A comprises:

(a)

in Germany: the areas planted with 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 planted with vines in the specified region Baden;

(b)

in France, the areas planted with 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 planted with vines not included in
paragraph 1(d);

in Slovakia, the areas planted with vines in the following regions: Malokarpatská vinohradnícka oblast',
Južnoslovenská vinohradnícka oblast', Nitrianska vinohradnícka oblast', Stredoslovenská vinohradnícka oblast',
Východoslovenská vinohradnícka oblast' and the wine growing areas not included in paragraph 3(f);

(f)

in Slovenia, the areas planted with vines in the following regions:

— in the Podravje region: Štajerska Slovenija, Prekmurje,

— in the Posavje region: Bizeljsko Sremič, Dolenjska and Bela krajina, and the areas planted with vines in the

regions not included in paragraph 4(d);

(g)

in Romania, in the area of Podișul Transilvaniei.

3. Wine-growing zone C I 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,

L 148/60

EN

Official Journal of the European Union

6.6.2008

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, Burzet, Coucouron, Montpezat-sous-
Bauzon, Privas, Saint-Etienne de Lugdarès, Saint-Pierreville, Valgorge and la Voulte-sur-Rhône of the
department of Ardèche;

(b)

in Italy, areas planted with vines in the Valle d'Aosta region and in the provinces of Sondrio, Bolzano, Trento and
Belluno;

(c)

in Spain, areas planted with vines in the provinces of A Coruña, Asturias, Cantabria, Guipúzcoa and Vizcaya;

(d)

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’;

(e)

in Hungary, all areas planted with vines;

(f)

in Slovakia, areas planted with vines in the Tokajská vinohradnícka oblast';

(g)

in Romania, areas planted with vines not included in paragraphs 2(g) or 4(f).

4. 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, 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 paragraph 3(a);

(b)

in Italy, areas planted with vines in the following regions: Abruzzo, Campania, 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,

— Ávila (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,

6.6.2008

EN

Official Journal of the European Union

L 148/61

— 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 following regions: Brda or Goriška Brda, Vipavska dolina or Vipava,
Kras and Slovenska Istra;

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.

5. 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, 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 paragraph 4(e).

6. 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 paragraph 5(a);

(d)

in Spain: areas planted with vines not included in paragraphs 3(c) or 4(c);

(e)

in Portugal, areas planted with vines in the regions not included in paragraph 3(d);

(f)

in Cyprus, areas planted with vines located at altitudes not exceeding 600 metres;

(g)

in Malta, areas planted with vines.

7.

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.