Proposal for a Council Regulation amending Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products ("single CMO Regulation")
Date: 2008-07-29
Institutions: European Commission
Subjects: agricultural product, common organisation of markets, competition law, farming sector, single market, trading operation, viticulture

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 29.7.2008 
COM(2008) 489 final 

2008/0156 (CNS) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 1234/2007 establishing a common organisation of 
agricultural markets and on specific provisions for certain agricultural products  
("single CMO Regulation") 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT 

•  Grounds for and objectives of the proposal: completion of the new legal framework 
for the CAP, the single common market organisation Regulation (EC) No 1234/2007 
Council  Regulation  (EC)  No  1234/2007  establishing  a  common  organisation  of  agricultural 
markets  and  on  specific  provisions  for  certain  agricultural  products  ("single  CMO 
Regulation")  revised  the  existing  21  regulations  on  sector-specific  common  market 
organisations  (CMOs)  and  combined  them  into  a  comprehensive  single  regulation,  with  a 
view  to  streamlining  and  simplifying  the  legal  framework  without  changing  the  underlying 
policies thus providing a single set of harmonised rules in the classic areas of market policy 
such as intervention, private storage, import tariff quotas, export refunds, safeguard measures, 
state aid and competition rules, and the communication and reporting of data.  

The proposal for the single CMO Regulation was submitted by the Commission in December 
2006 and was drafted in a way that policy decisions that had been taken over the years in the 
CAP  were  not  called  into  question.  The  proposal  as  well  as  the  Regulation  as  subsequently 
adopted by the Council, therefore, constituted an act of technical simplification based on the 
legal  situation  as  it  was  in  December  2006.  Substantive  amendments  in  certain  sectors 
(notably the fruit and vegetables, processed fruit and vegetables, and wine sectors) could not 
yet be taken into account at the moment of the adoption of the single CMO Regulation. Whilst 
amendments  in  the  fruit  and  vegetables  and  processed  fruit  and  vegetables  sectors  have, 
meanwhile,  been  incorporated  into  the  single  CMO  Regulation  by  Regulation  (EC) 
No 361/2008  of  14  April  20081,  the  wine  reform  has  only  just  been  finalised  by  the 
publication  of  Council  Regulation  (EC)  No 479/2008)  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 1493/19992.  

•  General context 
This proposal is an essential component in the Commission’s plans to streamline and simplify 
the  common  agricultural  policy  (CAP).  The  key  issues  of  the  Commission’s  approach  have 
been  set  out  in  its  2005  Communication  on  "Simplification  and  Better  Regulation  for  the 
Common  Agricultural  Policy"  (referred  to  hereinafter  as  “the  Communication”)3.  In  this 
document the Commission underlined that “Reducing red tape in the farm sector by making 
rules  more  transparent,  easier  to  understand  and  less  burdensome  will  reduce  costs  for 
businesses and ensure that European citizens receive value for money". 

•  Existing provisions in the area of the proposal 
The wine CMO, Regulation (EC) No 479/2008 will be repealed by the present proposal and 
its substance be fully incorporated into the single CMO Regulation. 

•  Consistency with other policies and objectives of the Union 
This  proposal,  in  the  area  of  agriculture  forms  an  integral  part  of  the  overall  Commission 
approach to Better Regulation and simplification, as it is expressed in its Communication of 
25 October 2005 on  “Implementing the Community Lisbon programme – A strategy  for  the 

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OJ L 121, 7.5.2008, p. 1. 
OJ L 148, 6.6.2008, p. 1. 
COM(2005) 509 final. 

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simplification  of  the  regulatory  environment”4  and  endorsed  in  the  Interinstitutional 
Agreement on better law-making of 16 December 20035. 

2. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 
Interested  parties  were  consulted  as  part  of  the  preparations  for  the  single  CMO  Regulation 
which has, eventually, in general been seen as a positive step, making the law applicable in 
the area of CAP-market policy more transparent and easier accessible. A further consultation 
is  not  needed  given  that  this  proposal  will  merely  complete  the  single  CMO  Regulation 
without introducing any substantive amendments. 

•  Collection and use of expertise 
There was no need for external expertise. 

•  Impact assessment 
Not  applicable.  The  proposal  is  not  subject  to  impact  assessment  requirements  as  it  is  not 
included in the Commission Legislative and Work Programme. 

3. 

LEGAL ELEMENTS AND MAIN CHARACTERISTICS OF THE HORIZONTAL CMO 

•  Legal basis 
Articles 36 and 37 of the Treaty 

•  Content of the proposal 
The single CMO Regulation did not yet incorporate the main aspects of the wine CMO given 
that that CMO was pending for a policy reform at the time when the single CMO Regulation 
was  proposed.  With  regard  to  the  wine  sector,  the  single  CMO  Regulation  as  published  in 
November  2007  therefore  only  foresees  the  applicability  of  the  Management  Committee 
procedure. In recital 8 of the single CMO Regulation it is spelled out that the wine sector will 
have to be incorporated to its full extent once the policy reform has been enacted which has 
happened by way of the publication of Regulation (EC) No 479/2008.  

•  Subsidiarity principle 
The  proposal  pursues  the  same  objective  as  the  single  CMO  Regulation  itself,  namely  to 
simplify the legislative framework  of  the  CMOs  without  changing their underlying political 
orientations. 

•  Choice of instrument 
Proposed instruments: regulation. 

Other means would not be adequate as the proposal is aimed at establishing a horizontal CMO 
which is directly applicable in all Member States.  

4. 

BUDGETARY IMPLICATIONS 

Given that the proposal does not bring about changes to the existing CAP measures it has no 
budgetary implications.  

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COM(2005) 535 final. 
OJ C 321, 31.12.2003, p. 1. 

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5. 

SIMPLIFICATION 

The  proposal  further  completes  an  act  which,  itself,  was  adopted  for  reasons  of  technical 
simplification. This proposal will further simplify the legislative environment of the CAP by 
adding certain rules to the single CMO Regulation which were still missing. It is expected to 
lead to significant simplification of existing legislation. 

Repeal of existing legislation  

The adoption of the proposal will lead to a further repeal of one Council Regulation. 

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2008/0156 (CNS) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 1234/2007 establishing a common organisation of 
agricultural markets and on specific provisions for certain agricultural products  
("single CMO Regulation") 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Articles 36 and 37 thereof, 

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Parliament, 

Whereas: 

(1) 

(2) 

(3) 

In view of simplifying the regulatory environment of the Common Agricultural Policy 
(CAP), Council Regulation (EC) No 1234/2007 ("single CMO Regulation")6 repealed, 
and replaced by one single legal act, all the regulations which the Council had adopted 
since the introduction of the CAP in the framework of the establishment of common 
organisations of the markets for the agricultural products or groups of products. 

As explained in recital 7 of the single CMO Regulation, that act of simplification was 
not meant to lead to calling into question policy decisions that had been taken over the 
years  in  the  CAP  and  that,  therefore,  it  did  not  envisage  to  provide  for  any  new 
instruments  or  measures.  The  single  CMO  Regulation,  therefore,  reflects  the  policy 
decisions taken up to the moment when the text for the single CMO Regulation was 
proposed by the Commission.  

In parallel to the negotiations and adoption of the single CMO Regulation, the Council 
also  started  to  negotiate  a  policy  reform  in  the  wine  sector  which  has  now  been 
finalised  by  the  adoption  of  Council  Regulation  (EC)  No 479/2008  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 1493/19997.  As  it  is  spelled  out  in  recital  8  of  the  single 
CMO Regulation, only those provisions of the wine sector which were not themselves 
subject to any policy reforms, were incorporated into the single CMO Regulation from 
the  beginning  and  that  the  substantive  provisions  which  were  subject  to  policy 
amendments should be incorporated into the single CMO Regulation once having been 
enacted. Since that is the case, the wine sector should now be fully incorporated into 
the  single  CMO  Regulation  by  way  of  introducing  the  policy  decisions  taken  in 
Regulation (EC) No 479/2008 into the single CMO Regulation. 

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OJ L 299, 16.11.2007, p. 1. Regulation as last amended by Regulation (EC) No 361/2008 (OJ L 121, 
7.5.2008, p. 1). 
OJ L XXX, XXX.6.2008, p. 1. 

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(4) 

(5) 

(6) 

The incorporation of these provisions into the single CMO Regulation should follow 
the  same  approach  as  the  one  taken  by  the  single  CMO  Regulation  when  it  was 
adopted,  namely  by  not  calling  into  question  the  policy  decisions  taken  when  those 
provisions were adopted by the Council and the motivation for those policy decisions 
as expressed in the respective recitals of the respective Regulations. 

The single CMO Regulation should therefore be amended accordingly. 

In its Article 175, the single CMO Regulation incorporated the provisions concerning 
the applicability of competition rules under the Treaty in respect of the sectors that are 
covered by the single CMO Regulation. Such provisions had, so far, been dealt with in 
Council  Regulation  (EC)  No 1184/2006  of  24  July  2006  applying  certain  rules  of 
competition to the production of, and trade in, agricultural products8. The single CMO 
Regulation,  in  its  Article  200,  therefore  adapted  the  scope  of  Regulation  (EC) 
No 1184/2006.  Due to  the full incorporation of  the  wine  sector  into  the  single  CMO 
Regulation, and the extension of the competition rules contained therein to that sector, 
provision  should  be  made  to  exclude  the  wine  sector  from  the  scope  of  Regulation 
(EC) No 1184/2006. 

(7) 

In  order  to  ensure  that  the  changeover  from  the  provisions  of  Regulation  (EC) 
No 479/2008  to  those  provided  for  in  this  Regulation  does  not  interfere  with  the 
ongoing 2008/2009 marketing year for wine, the amendments should apply as of the 
start of the next marketing year for wine, i.e. as of 1 August 2009, 

HAS ADOPTED THIS REGULATION: 

Regulation (EC) No 1234/2007 is amended as follows: 

Article 1 

(1) 

(2) 

In Article 1, paragraph 2 is deleted. 

In the first paragraph of Article 3, the following point is inserted after point (c): 

"(ca)  1 August to 31 July of the following year for the wine sector;"; 

(3) 

Article 55 is amended as follows: 

(a) 

the Heading is replaced by the following: 

"Article 55 
Quota systems and production potential"; 

(b) 

after paragraph 2, the following paragraph is inserted: 

"2a.  In  relation  to  the  wine  sector,  rules  concerning  production  potential  as 
regards  unlawful  plantings,  transitional  planting  rights  as  well  as  a 
grubbing-up scheme shall apply in accordance with the provisions set out 
in Section IVa."; 

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OJ L OJ L 214, 4.8.2006, p. 7. Regulation as last amended by Regulation (EC) No 361/2008 (OJ L 121, 
7.5.2008, p. 1). 

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(4) 

The Title of Section IV Chapter III of Title I of Part II is replaced by the following: 

"SECTION IV 
PROCEDURAL RULES CONCERNING SUGAR AND MILK QUOTAS”; 

(5) 

In Article 85, the introductory words are replaced by the following: 

"The Commission shall adopt the detailed rules for the application of Sections I, II 
and III which may relate, in particular, to:"; 

(6) 

In  Chapter  III  of  Title  I  of  Part  II,  the  following  Section IVa  is  added  after 
Section IV: 

"SECTION IVA 
PRODUCTION POTENTIAL IN THE WINE SECTOR 

SUBSECTION I 
UNLAWFUL PLANTINGS 

Article 85a 
Unlawful plantings planted after 31 August 1998 

1. 

2. 

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

Pending  grubbing-up  in  accordance  with  paragraph 1,  grapes  and  products 
made  from  grapes  from  areas  referred  to  in  that  paragraph  may  be  put  into 
circulation only for the purposes of distillation 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  shall  impose  penalties  on  producers  who  have  not 
complied with this grubbing-up obligation graduated according to the severity, 
extent and duration of the non-compliance. 

4. 

The  end  of  the  transitional  ban  on  new  plantings  on  31 December 2015,  as 
provided for in Article 85g(1), shall not affect  the obligations  provided  for in 
this Article. 

Article 85b 
Obligatory regularisation of unlawful plantings 
planted before 1 September 1998 

1. 

Producers  shall,  against 
31 December 2009, 
corresponding planting right, where applicable, before 1 September 1998. 

than 
regularise  areas  planted  with  vines  without  a 

the  payment  of  a  fee  and  not 

later 

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

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2. 

3. 

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

Pending  regularisation  under  paragraph 1,  grapes  or  products  made  from 
grapes  from  areas  referred  to  that  paragraph  may  be  put  into  circulation  only 
for  the  purpose  of  distillation  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. 

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. 

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. 

The  end  of  the  transitional  ban  on  new  plantings  on  31 December 2015  as 
provided for in Article 85g(1), shall not affect  the obligations provided for in 
paragraphs 3 and 4. 

Article 85c 
Control of non-circulation or distillation 

In  relation  to  Article 85a(2)  and Article  85b(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. 

5. 

1. 

2.  Member  States  shall  verify  non-circulation  and  distillation  referred  to  in 

paragraph 1. They shall impose penalties in case of non-compliance. 

3.  Member States shall notify the Commission of the areas subject to distillation 

and the corresponding volumes of alcohol. 

Article 85d 
Accompanying measures 

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

Article 85e 
Implementing measures 

Detailed  rules  for  the  implementation  of  this  Subsection  shall  be  adopted  by  the 
Commission. 

Those rules may include: 

(a) 

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

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(b)  details  on  the  penalties  to  be  imposed  by  Member  States  in  case  of  non-
compliance with the obligations laid down in Articles 85a, 85b and 85c. 

SUBSECTION II 
TRANSITIONAL PLANTING RIGHT REGIME 

Article 85f 
Duration 

The provisions of this Subsection shall apply until 31 December 2015. 

Article 85g 
Transitional prohibition on planting vines 

1.  Without  prejudice  to  Article 120a(1)  to  (6)  and  in  particular  paragraph  4 
thereof, the planting of vines of wine grape varieties classifiable according to 
Article 120a(2) shall be prohibited.  

2.  Grafting-on of wine grape varieties classifiable according to Article 120a(2) 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 85h; 

(b) 

a replanting right, as provided for in Article 85i; 

(c) 

a  planting  right  granted  from  a  reserve  as  provided  for  in  Articles 85j 
and 85k. 

4. 

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

5.  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 down in this Subsection, including this Article, shall apply accordingly in 
the given Member State. 

Article 85h 
New planting rights 

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

(a) 

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

(b) 

intended for experimental purposes; 

(c) 

intended for graft nurseries; 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; 

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

they were granted; 

(c) 

be used for the purposes for which they were granted. 

Article 85i 
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 Subsection 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. 

3. 

4. 

5. 

6. 

7. 

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

The replanting rights shall be exercised on the holding in respect of which they 
were granted. Member States may further stipulate that such replanting rights 
may be exercised only on the area where the grubbing-up was carried out. 

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

(a) 

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

(b) 

areas on that other holding are intended for: 

(i) 

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

(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. 

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

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

Article 85j 
National and regional reserve of planting rights 

1. 

In  order  to  improve  management  of  the  production  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  may  maintain  those  reserves  as 

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long as they apply the transitional planting right regime in accordance with this 
Subsection. 

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; 

(c) 

planting rights granted from the reserve. 

4. 

5. 

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

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

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

reserves  under  Regulation 

regional 

Article 85k 
Granting planting rights from the reserve 

1.  Member States may grant rights out of a reserve: 

(a)  without  payment,  to  producers  who  are  under  40  years  of  age,  who 
possess adequate occupational skill and competence, who are setting up 
for the first time 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 85g(1)  and  (2) 
applies. 

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

ensure that: 

(a) 

(b) 

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

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

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3. 

4. 

5. 

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

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

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

Transfers may be subject to a reduction coefficient. 

Article 85l 
De minimis 

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

Article 85m 
Stricter national rules 

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

Article 85n 
Implementing measures 

Detailed  rules  for  the  implementation  of  this  Subsection  shall  be  adopted  by  the 
Commission.  

Those rules may in particular include: 

(a) 

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

(b) 

the co-existence of vines pursuant to Article 85i(2); 

(c) 

the application of the reduction coefficient referred to in Article 85k(5). 

SUBSECTION III 
GRUBBING-UP SCHEME 

Article 85o 
Duration 

The  provisions  of  this  Subsection  shall  apply  until  the  end  of  the  wine  year 
2010/2011. 

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Article 85p 
Scope and definition 

This Subsection 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"). 

Article 85q 
Conditions of eligibility 

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

(a) 

(b) 

(c) 

(d) 

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; 

it is tended; 

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; 

(e) 

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

(f) 

it is planted with a wine grape variety classifiable according to Article 120a(2). 

Notwithstanding  point (e),  areas  regularised  in  accordance  with  Article 2(3)  of 
Regulation (EC) No 1493/1999 and Article 85b(1) of this Regulation shall be eligible 
for the grubbing-up premium. 

1. 

2. 

1. 

Article 85r 
Amount of the grubbing-up premium 

Scales  for  the  grubbing-up  premiums  to  be  granted  shall  be  fixed  by  the 
Commission. 

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

Article 85s 
Procedure and budget 

Interested producers shall submit applications for the grubbing-up premium to 
the respective authorities in Member States not later than 15 September of each 
year. Member States 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 85u. 

2.  Member  States  shall  carry  out  administrative  controls  concerning  the 
the 

applications  received,  process  eligible  applications  and  notify 

to 

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3. 

4. 

Commission  by  15 October  each  year  the  total  area  and  amounts  covered  by 
those applications split by regions and by yield ranges. 

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

By  15 November  each  year  the  Commission  shall  set  a  single  percentage  for 
acceptance  of  the  amounts  notified  if  the  total  amount  notified  to  the 
Commission by Member States exceeds the available budget resources, regard 
being had, where applicable, to the application of Articles 85u(2) and (3). 

5. 

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

(a) 

(b) 

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

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

(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 85t 
Cross compliance 

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  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 85u 
Exemptions 

1.  A  Member  State  may  decide  to  reject  any  further  applications  referred  to  in 
Article 85s(1)  once  the  accumulated  grubbed-up  area  on  its  territory  reaches 
8 % of its area planted with vines as referred to in Annex Xe. 

A  Member  State  may  decide  to  reject  any  further  applications  referred  to  in 
Article 85s(1) for a region once the accumulated grubbed-up area in that region 
reaches 10 % of the region's area planted with vines. 

2. 

The Commission may decide 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 grubbed-up area of more than 15 % of 
the Member State's total area planted with vines as referred to in Annex Xe. 

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3. 

The Commission may decide 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 a grubbed-up area of more 
than 6 % of the Member State's total area planted with vines as referred to in 
Annex Xe in that particular year of the scheme's operation. 

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 by 
the Commission. 

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 Xe. 

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. 

7. 

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

8.  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  respect  of  the  wine  sector,  in  particular,  where 
applicable,  the  restructuring  and  conversion  measure  under  the  support 
programmes and rural development measures. 

Article 85v 
De minimis 

This  Subsection  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 85w 
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 85x 
Implementing measures 

Detailed  rules  for  the  implementation  of  this  Subsection  shall  be  adopted  by  the 
Commission.  

Those rules may in particular include: 

(a) 

details on the conditions of eligibility referred to in Article 85q, in particular as 
regards proof that areas were properly tended in 2006 and 2007; 

(b) 

the premium scales and levels referred to in Article 85r; 

(c) 

the criteria for exemption as referred to in Article 85u; 

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(d) 

(e) 

(f) 

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

the reporting requirements as regards complementary national aid; 

deadlines for payments.”; 

(7) 

In  Chapter  IV  of  Title  I  of  Part  II,  the  following  Section  is  inserted  after 
Section IVA: 

“SECTION IVB 
SUPPORT PROGRAMMES IN THE WINE SECTOR 

SUBSECTION I 
INTRODUCTORY PROVISIONS 

Article 103i 
Scope 

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

Article 103j 
Compatibility and consistency 

1. 

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

2.  Member States shall be responsible for 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 the need to avoid unjustified unequal treatment between 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: 

(a) 

(b) 

for research projects and measures to support research projects; 

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

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SUBSECTION II 
SUBMISSION AND CONTENT OF SUPPORT PROGRAMMES 

Article 103k 
Submission of support programmes 

1. 

Each  producer  Member  State  referred  to  in  Annex Xb  shall  submit  to  the 
Commission  a  draft  five-year  support  programme  containing  measures  in 
accordance with this Section. 

Support  programmes  that  became  applicable  in  accordance  with  the  first 
subparagraph of Article 5(1) of Regulation (EC) No 479/2008 shall continue to 
apply under this Regulation. 

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 Commission the support programme shall be subject to 
consultation with the competent authorities and organisations at the appropriate 
territorial level. 

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

2. 

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

However,  if  the  submitted  support  programme  does  not  comply  with  the 
conditions laid down in this Section, 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 incompatibility persists in 
which case this subparagraph shall apply. 

3. 

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

4.  Article 103l 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  103o.  The  reporting  and  evaluation  obligations  set  out  in  Articles 
188a(5) and (6) shall apply in such case only in respect of its paragraph (5) and 
in relation to the year in which the transfer takes place. 

Article 103l 
Content of support programmes 

Support programmes shall consist of the following elements: 

(a) 

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

(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; 

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17 

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(e) 

(f) 

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

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 103m 
Eligible measures 

1. 

Support programmes shall contain one or more of the following measures: 

(a)  Single Payment Scheme support in accordance with Article 103o; 

(b)  promotion in accordance with Article 103p; 

(c) 

restructuring  and  conversion  of  vineyards 
Article 103q; 

in  accordance  with 

(d)  green harvesting in accordance with Article 103r; 

(e)  mutual funds in accordance with Article 103s; 

(f) 

harvest insurance in accordance with Article 103t; 

(g) 

investments in accordance with Article 103u; 

(h)  by-product distillation in accordance with Article 103v; 

(i) 

(j) 

potable alcohol distillation in accordance with Article 103w; 

crisis distillation in accordance with Article 103x; 

(k)  use of concentrated grape must in accordance with Article 103y. 

2. 

Support  programmes  shall  not  contain  other  measures  than  the  ones  listed  in 
Articles 103o to 103y. 

Article 103n 
General rules concerning support programmes 

1. 

2. 

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

Community support shall only relate to eligible expenditure incurred after the 
submission of the relevant support programme as referred to in Article 103k(1). 

3.  Member  States  shall  not  contribute  to  the  costs  of  measures  financed  by  the 

Community under the support programmes. 

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 103p, 103t and 103u. 

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

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SUBSECTION III 
SPECIFIC SUPPORT MEASURES 

Article 103o 
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 103k(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 103k(3),  for  the  measures  listed  in 
Articles 103p to 103y in subsequent years of the operation of the support 
programmes; 

(b) 

commensurately reduce the amount of funds available for measures listed 
in Articles 103p to 103y in the support programmes. 

Article 103p 
Promotion on third-country markets 

1. 

2. 

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

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

3. 

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

(a) 

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; 

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

(c) 

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

(d) 

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

(e) 

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

4. 

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

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Article 103q 
Restructuring and conversion of vineyards 

1. 

2. 

3. 

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

Restructuring  and  conversion  of  vineyards  shall  be  supported  in  accordance 
with  this  Article  only  if  Member  States  submit  the  inventory  of  their 
production potential in accordance with Article 185a(3). 

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

(a) 

varietal conversion, including by means of grafting-on; 

(b) 

relocation of vineyards; 

(c) 

improvements to vineyard management techniques. 

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

4. 

Support  for  restructuring  and  conversion  of  vineyards  may  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. 

5. 

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

(a) 

notwithstanding  the  provisions  of  Subsection  II  of  Section IVa  of 
Chapter III of Title I of Part II setting out the transitional  planting  right 
regime, 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; 

6. 

1. 

2. 

(b) 

financial compensation. 

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  Council  Regulation  (EC)  No 1083/2006*,  the 
Community contribution to the costs of restructuring and conversion shall not 
exceed 75 %. 

Article 103r 
Green harvesting 

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

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

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3. 

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

4. 

1. 

2. 

1. 

2. 

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. 

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 103s 
Mutual funds 

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

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

Article 103t 
Harvest insurance 

Support  for  harvest  insurance  shall  contribute  to  safeguarding  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  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  the  income 
loss  suffered,  taking  into  account  any  compensation  the  producers  may  have 
obtained from other support schemes related to the insured risk. 

4. 

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

Article 103u 
Investments 

1. 

Support  may  be  granted  for  tangible  or  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: 

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2. 

3. 

4. 

(a) 

(b) 

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

the development of new products, processes and technologies related to 
the products referred to in Annex XIb. 

Support under paragraph 1 at its maximum rate shall be limited to micro, small 
and  medium-sized  enterprises  within 
the  meaning  of  Commission 
Recommendation  2003/361/EC**.  For  the  territories  of  the  Azores,  Madeira, 
the Canary Islands, the smaller Aegean islands within the meaning of Council 
Regulation  (EC)  No 1405/2006***  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. 

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. 

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

the  elements  referred 

to 

in 

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****; 

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

(EC) No 1405/2006. 

5.  Article 72  of  Regulation  (EC)  No 1698/2005  shall  apply  mutatis  mutandis  to 

support referred to in paragraph 1. 

Article 103v 
By-product distillation 

1. 

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

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. 

2. 

3. 

The maximum applicable aid levels shall be based on collection and processing 
costs and fixed by the Commission. 

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. 

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1. 

2. 

1. 

2. 

3. 

4. 

Article 103w 
Potable alcohol distillation 

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. 

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 103x 
Crisis distillation 

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. 

The maximum applicable aid levels shall be fixed by the Commission. 

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. 

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

– 

– 

– 

– 

20 % in 2009, 

15 % in 2010, 

10 % in 2011, 

5 % in 2012. 

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

– 

– 

– 

5 % in the wine year 2010, 

10 % in the wine year 2011, 

15 % in the wine year 2012. 

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

Article 103y 
Use of concentrated grape must 

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 XVa. 

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2. 

3. 

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

The  maximum  applicable  aid  levels  for  this  measure  in  the  different  wine 
growing zones shall be fixed by the Commission. 

Article 103z 
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  requirements  and 
the  good  agricultural  and  environmental  condition  referred  to  in  Articles 3  to 7  of 
Regulation  (EC)  No 1782/2003, 
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. 

the  amount  of 

SUBSECTION IV 
PROCEDURAL PROVISIONS 

Article 103za  
Implementing measures 

The measures necessary for the implementation of this Section shall be adopted by 
the Commission.  

Those measures may include, in particular: 

(a) 

(b) 

(c) 

(d) 

the format of presentation of the support programmes; 

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

detailed  rules  for  the  implementation  of  the  measures  provided  for  in 
Articles 103p to 103y; 

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

_____________________ 

OJ L 210, 31.7.2006, p. 25. 
* 
** 
OJ L 124, 20.5.2003, p. 36. 
***  OJ L 265, 26.9.2006, p. 1. 
****  OJ L 42, 14.2.2006, p. 1.”; 

(8) 

The heading of Chapter I of Title II of Part II is replaced by the following: 

"Chapter I 
Rules concerning marketing and production"; 

(9) 

The  heading  of  Section  I  of  Chapter  I  of  Title  II  of  Part  II  is  replaced  by  the 
following: 

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"SECTION I 
MARKETING RULES"; 

(10) 

The following Articles are inserted after Article 113b: 

“Article 113c 
Marketing rules to improve and stabilise the operation of the common market in wines 

1. 

In order to improve and stabilise the operation of the common market in wines 
including  the  grapes,  musts  and  wines  from  which  they  derive,  producer 
Member States, particularly by way of implementing decisions taken by inter-
branch  organisations  referred  to  in  Articles  123(3)  and  125o,  may  lay  down 
marketing rules to regulate supply. 

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

(a) 

(b) 

(c) 

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

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

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

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

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. 

The  reporting  obligation  referred  to  in  Article  125o(3)  shall  also  apply  in 
respect of  the  decisions or actions taken by the Member States in accordance 
with this Article. 

2. 

3. 

Article 113d 
Specific provisions for the marketing of wine 

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

However,  notwithstanding  Article 118y(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. 

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

2. 

Categories of grapevine products listed in Annex XIb may be modified by the 
Commission in accordance with the procedure referred to in Article 195(4). 

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3. 

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 120a(2)  but  not  conforming  to  one  of  the  categories  laid  down  in 
Annex XIb  shall  be  used  only  for  consumption  by  individual  wine-producers' 
households, for the production of wine vinegar or for distillation.”; 

(11) 

In Chapter I of Title II of Part II, the following Sections Ia and Ib are inserted after 
Section I: 

"SECTION IA 
DESIGNATIONS OF ORIGIN, GEOGRAPHICAL INDICATIONS  
AND TRADITIONAL TERMS IN THE WINE SECTOR 

Article 118a 
Scope 

1. 

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

2. 

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

(a) 

the protection of legitimate interests of: 

(i) 

consumers and 

(ii)  producers; 

(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. 

SUBSECTION I 
DESIGNATIONS OF ORIGIN AND GEOGRAPHICAL INDICATIONS 

Article 118b 
Definitions 

1. 

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

(a) 

"designation of origin" means the name of a region, a specific place or, in 
exceptional  cases,  a  country  used  to  describe  a  product  referred  to  in 
Article 118a(1) that complies with the following requirements: 

(i) 

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

(ii) 

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

(iii) 

its production takes place in this geographical area; 

(iv) 

it is obtained from vine varieties belonging to Vitis vinifera; 

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26 

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(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 118a(1) which complies with the following 
requirements: 

(i) 

(ii) 

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

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 designation of origin where 
they: 

(a) 

designate a wine; 

(b) 

refer to a geographical name; 

(c)  meet the requirements referred to in paragraph 1(a)(i) to (iv); 

(d)  undergo  the  procedure  conferring  protection  on  designations  of  origin 

and geographical indications laid down in this Subsection. 

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

Article 118c 
Content of applications for protection 

1.  Applications for protection of names as designations of origin or geographical 

indications shall include a technical file containing: 

(a) 

the name to be protected; 

(b) 

the name and address of the applicant; 

(c) 

(d) 

a product specification as referred to in paragraph 2; 

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

2. 

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

It shall consist at least of: 

(a) 

the name to be protected; 

(b) 

a description of the wine(s): 

(i) 

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

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27 

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(ii) 

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); 

(d) 

the demarcation of the geographical area concerned; 

(e) 

(f) 

(g) 

(h) 

the maximum yields per hectare; 

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 118b(1)(a)(i) or, as 
the case may be, in Article 118b(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  designation  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. 

Article 118d 
Application for protection relating to a geographical area in a third country 

1.  Where  the  application  for  protection  concerns  a  geographical  area  in  a  third 
country, it shall contain in addition to the elements provided for in Article 118c 
proof that the name in question is protected in its country of origin. 

2. 

3. 

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

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

Article 118e 
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. 

2. 

3. 

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

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

EN 

28 

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Article 118f 
Preliminary national procedure 

1.  Applications  for  protection  of  a  designation  of  origin  or  a  geographical 
indication  of  wines  in  accordance  with  Article 118b  originating  in  the 
Community shall be subject to a preliminary national procedure in accordance 
with this Article. 

2. 

3. 

4. 

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

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

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

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

5. 

If the Member State considers that the relevant requirements 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 118c(1)(d); 

(iii)  a  declaration  by  the  Member  State  that  it  considers  that  the 

application lodged by the applicant meets the conditions required; 

(iv) 

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

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

6.  Member  States  shall  introduce  the  laws,  regulations  or  administrative 

provisions necessary to comply with this Article by 1 August 2009. 

7.  Where a Member State has no national legislation concerning 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 Subsection 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  Subsection  is 
taken. 

EN 

29 

   EN 

 
Article 118g 
Scrutiny by the Commission 

1. 

2. 

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

The Commission shall examine whether the applications for protection referred 
to in Article 118f(5) meet the conditions laid down in this Subsection. 

3.  Where  the  Commission  considers  that  the  conditions  laid  down  in  this 
subsection  are  met,  it  shall  publish  in  the  Official  Journal  of  the  European 
Union the single document referred to in Article 118c(1)(d) and the reference 
to the publication of the product specification referred to in Article 118f(5). 

Where this is not the case, the Commission shall decide, in accordance with the 
procedure referred to in Article 195(4), to reject the application. 

Article 118h 
Objection procedure 

Within  two  months  from  the  date  of  publication  provided  for  in  the  first 
subparagraph of Article 118g(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 subsection with the Commission. 

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

Article 118i 
Decision on protection 

On the basis of the information available to the Commission, the Commission shall 
decide,  in  accordance  with  the  procedure  referred  to  in  Article 195(4),  either  to 
confer protection on the designation of origin or geographical indication which meets 
the conditions laid down in this subsection and is compatible with Community law, 
or to reject the application where those conditions are not satisfied. 

Article 118j 
Homonyms 

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

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. 

The  use  of  a  registered  homonymous  name  shall  be  subject  to  there  being  a 
sufficient distinction in practice between the homonym registered subsequently 

EN 

30 

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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  with  a  geographical  indication 
protected as such under the 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 geographical indication is protected in the Community 
by  virtue  of  the  Community  law  relevant  to  designations  of  origin  and 
geographical indications. 

3. 

4. 

Save as otherwise provided for in Commission implementing 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. 

The  protection  of  designations  of  origin  and  geographical  indications  for 
products  covered  in  Article 118b  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*and vice versa. 

Article 118k 
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 subsection, 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. 

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

Article 118l 
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 118m(2) and relating to a product falling under 
one of the categories listed in Annex XIb 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 

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31 

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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 118k(2), a trademark the use of which corresponds 
to one of the situations referred to in Article 118m(2), which has been applied 
for,  registered  or  established  by  use,  if  that  possibility  is  provided  for  by  the 
legislation  concerned,  in  the  territory  of  the  Community  before  the  date  on 
which  the  application  for  protection  of  the  designation  of  origin  or 
geographical  indication  is  submitted  to  the  Commission,  may  continue  to  be 
used and renewed notwithstanding the protection of a designation of origin or 
geographical indication, provided that no grounds for the trademark's invalidity 
or revocation exist as specified by the First Council Directive 89/104/EEC**or 
by Council Regulation (EC) No 40/94***. 

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

Article 118m 
Protection 

1. 

2. 

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

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

(a) 

any direct or indirect commercial use of a protected name: 

(i) 

(ii) 

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

the  product 

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

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

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

(b) 

(c) 

(d) 

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

3. 

Protected designations of origin or protected geographical indications shall not 
become generic in the Community within the meaning of Article 118k(1). 

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32 

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

Article 118n 
Register 

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

Article 118o 
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 of the European Parliament and of the Council****. 

2.  Member States shall ensure that any operator complying with this subsection is 

entitled to be covered by a system of controls. 

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

Article 118p 
Verification of compliance with specifications 

1. 

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

(a) 

the competent authority or authorities referred to in Article 118o(1); or 

(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. 

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

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

(a) 

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

(b)  one or more certification bodies. 

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). 

2. 

3. 

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33 

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4.  Where  the  authority  or  authorities  referred  to  in  paragraphs 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 118q 
Amendments to product specifications 

1.  An applicant satisfying the conditions of Article 118e 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 118c(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 118c(1)(d),  Articles 118f  to 118i  shall 
apply  mutatis  mutandis  to  the  amendment  application.  However,  if  the 
proposed  amendment  is  only  minor,  the  Commission  shall  decide,  in 
accordance with the procedure referred to in Article 195(4), whether to approve 
the  application  without  following  the  procedure  laid  down  in  Article 118g(2) 
and Article 118h and in the case of approval, the Commission shall proceed to 
publication of the elements referred to in Article 118g(3). 

3.  Where  the  proposed  amendment  does  not  involve  any  change  to  the  single 

document, the following rules shall apply: 

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

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

determine whether to approve the proposed amendment. 

Article 118r 
Cancellation 

The  Commission  may  decide,  in  accordance  with  the  procedure  referred  to  in 
Article 195(4),  at  its  own  initiative  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 118f to 118i shall apply mutatis mutandis. 

Article 118s 
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 Commission Regulation (EC) 
No 753/2002*****,  shall  automatically  be  protected  under  this  Regulation. 
The Commission shall list them in the register provided for in Article 118n of 
this Regulation. 

EN 

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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 118c(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 from the register provided for in Article 118n. 

4.  Article 118r  shall  not  apply  in  respect  of  existing  protected  wine  names 

referred to in paragraph 1. 

The Commission may decide, until 31 December 2014, at its own initiative and 
in  accordance  with  the  procedure  referred  to  in  Article 195(4),  to  cancel 
protection  of existing protected  wine names referred to in paragraph 1 if they 
do not meet the conditions laid down in Article 118b. 

Article 118t 
Fees 

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

SUBSECTION II 
TRADITIONAL TERMS 

Article 118u 
Definitions 

1. 

"Traditional  term"  shall  mean  a  term  traditionally  used  in  Member  States  for 
products referred to in Article 118a(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 
Commission.  

terms  shall  be  recognised,  defined  and  protected  by 

the 

Article 118v 
Protection 

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 118u(2). 

Traditional terms shall be protected against unlawful use. 

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

EN 

35 

   EN 

 
2. 

Traditional terms shall not become generic in the Community. 

SECTION IB 
LABELLING AND PRESENTATION IN THE WINE SECTOR 

Article 118w 
Definition 

For the purposes of this Section: 

(a) 

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

(b) 

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

Article 118x 
Applicability of horizontal rules 

Save  as  otherwise  provided  for  in  this  Regulation,  Directive  89/104/EEC,  Council 
Directive 89/396/EEC******, Directive 2000/13/EC of the European Parliament and 
of the Council******* and Directive 2007/45/EC of the European Parliament and of 
the Council ******** shall apply to the labelling and presentation of products falling 
within their scopes. 

Article 118y 
Compulsory particulars 

1. 

Labelling and presentation of the products referred to in paragraphs 1 to 11, 13, 
15 and 16 of Annex XIb marketed in the Community or for export shall contain 
the following compulsory particulars: 

(a) 

(b) 

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

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

(i) 

(ii) 

term  "protected  designation  of  origin"  or  "protected 

the 
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) 

(f) 

(g) 

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; 

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

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

EN 

36 

   EN 

 
2. 

3. 

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. 

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

(a)  where a traditional term as referred to in Article 118u(1)(a) is displayed 

on the label; 

(b)  where, 

in  exceptional  circumstances 

the 
Commission, the name of the protected designation of origin or protected 
geographical indication is displayed on the label. 

to  be  determined  by 

Article 118z 
Optional particulars 

1. 

Labelling  and  presentation  of  products  referred  to  in  Article 118y(1)  may  in 
particular contain the following optional particulars: 

(a) 

the vintage year; 

(b) 

the name of one or more wine grape varieties; 

(c) 

(d) 

(e) 

(f) 

(g) 

in the case of wines other than the ones referred to in Article 118y(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 118u(1)(b); 

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

terms referring to certain production methods; 

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 118j(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  introduce  laws,  regulations  or  administrative 
provisions to ensure certification, approval and control procedures so as 
to guarantee the veracity of the information concerned; 

(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; 

EN 

37 

   EN 

 
(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 118za 
Languages 

1. 

Compulsory  and  optional  particulars  referred  to  in  Articles  118y  and  118z 
shall,  where  expressed  in  words,  appear  in  one  or  more  of  the  official 
languages of the Community. 

2.  Notwithstanding paragraph 1, the name of a protected designation of origin or 
geographical indication or a traditional term as referred to in Article 118u(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 118zb 
Enforcement 

The competent authorities of the Member States shall take measures to ensure that a 
product referred to in Article 118y(1) not labelled in conformity with this Section is 
not placed on, or is withdrawn from, the market. 

_____________________ 

OJ L 39, 13.2.2008, p. 16. 
* 
** 
OJ L 40, 11.2.1989, p. 1.  
***  OJ L 11, 14.1.1994, p. 1.  
****  OJ L 165, 30.4.2004, p. 1. Corrected version in OJ L 191, 28.5.2004, p. 1. 
***** OJ L 118, 4.5.2002, p. 1. 
****** 
******* 
******** 

OJ L 186, 30.6.1989, p. 21.  
OJ L 109, 6.5.2000, p. 29. 
OJ L 247, 21.9.2007, p. 17.”; 

(12) 

In Chapter I of Title II of Part II, the following Section IIa is inserted after Section II: 

“SECTION IIA 
PRODUCTION RULES IN THE WINE SECTOR 

SUBSECTION I 
WINE GRAPE VARIETIES 

Article 120a 
Classification of wine grape varieties 

1. 

Products  listed  in  Annex XIb  and  produced  in  the  Community  shall  be  made 
from wine grape varieties classifiable according to paragraph 2. 

EN 

38 

   EN 

 
2. 

Subject  to  paragraph 3,  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) 

(b) 

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; 

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

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. 

3.  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 2. 

However, also in the Member States referred to in the first subparagraph only 
wine  grape  varieties  complying  with  paragraph 2(a)  and (b)  may  be  planted, 
replanted or grafted for the purpose of wine production. 

4. 

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

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

referred to in paragraph 2 are concerned; 

(b)  wine grape varieties which do not comply with paragraph 2(a) and (b) as 

far as Member States referred to in paragraph 3 are concerned. 

5.  Areas  planted  with  wine  grape  varieties  for  the  purpose  of  wine  production 

planted in contravention of paragraphs 2 to 4 shall be grubbed up. 

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

6.  Member  States  shall  take  the  necessary  measures  to  check  compliance  by 

producers with paragraphs 2 to 5. 

SUBSECTION II 
OENOLOGICAL PRACTICES AND RESTRICTIONS 

Article 120b 
Scope 

This  subsection  concerns  the  authorised  oenological  practices  and  the  applicable 
restrictions applying to the production and commercialisation of products of the wine 
sector as well as the procedure for deciding on those practices and restrictions. 

EN 

39 

   EN 

 
Article 120c 
Oenological practices and restrictions 

1.  Only  oenological  practices  authorised  under  Community  law  as  laid  down  in 
Annex XVa or decided upon in accordance with Articles 120d and 120e shall 
be  used  in  the  production  and  conservation  in  the  Community  of  products  of 
the wine sector. 

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. 

3. 

4. 

Products of the wine sector shall be produced in the Community in accordance 
with the relevant restrictions laid down in Annex XVb. 

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

Article 120d 
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 indication and of sparkling wines and liqueur wines. 

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 120e 
Authorisation of oenological practices and restrictions 

1. 

Except  for  the  oenological  practices  concerning  enrichment,  acidification  and 
de-acidification  laid  down  in  Annex XVa  for  the  specific  products  covered 
therein  as  well  as  the  restrictions  listed  in  Annex XVb,  the  authorisation  of 
oenological  practices  and  restrictions  as  regards 
the  production  and 
conservation  of  products  of  the  wine  sector  shall  be  decided  by  the 
Commission in accordance with the procedure referred to in Article 195(4). 

2.  Member  States  may  allow  the  experimental  use  of  unauthorised  oenological 
practices under conditions to be determined by the Commission in accordance 
with the procedure referred to in Article 195(4). 

EN 

40 

   EN 

 
Article 120f 
Authorisation criteria 

When authorising oenological practices in accordance with the procedure referred to 
in Article 195(4), 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) 

(e) 

(f) 

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

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

ensure an acceptable minimum level of environmental care; 

respect the general rules concerning oenological practices and restrictions laid 
down respectively in Annexes XVa and XVb. 

Article 120g 
Methods of analysis 

The methods of analysis for determining the composition of the products of the wine 
sector  and  the  rules  whereby  it  may  be  established  whether  these  products  have 
undergone  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 by the Commission in accordance 
with the procedure referred to in Article 195(4). 

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

(13) 

Article 121 is amended as follows: 

(a) 

in the first paragraph, the following points are added after point (j): 

"(k)  the  rules  concerning  the  designation  of  origin  and  geographical 
indications  referred  to  in  Subsection  I  of  Section  Ia,  in  particular 
derogations  from  the  applicability  of  the  rules  and  requirements  laid 
down in that subsection: 

(i) 

(ii) 

insofar  as  pending  applications  for  protection  of  designations  of 
origin or geographical indications are concerned; 

insofar  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; 

(iii) 

insofar  as  traditional  production  practices  of  certain  wines  with  a 
protected designation of origin are concerned; 

EN 

41 

   EN 

 
(l) 

the  rules  concerning  traditional  terms  referred  to  in  SubSection II  of 
Section Ia in particular concerning: 

(i) 

the procedure conferring protection; 

(ii) 

the specific level of protection; 

(m) 

the rules concerning labelling and presentation referred to in Section Ib, 
in particular:  

(i) 

details on the indication of provenance of the relevant product; 

(ii) 

the terms of use of the optional particulars listed in Article 118z; 

(iii)  specific  requirements  relating  to  the  indications  concerning  the 
vintage  year  and  the  wine  grape  variety  displayed  on  labels  as 
referred to in Article 118z(2); 

(iv) 

further  derogations 
in 
Article 118y(2) which provide that the reference to the category of 
the grapevine product may be omitted; 

in  addition 

referred 

those 

to 

to 

(v) 

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

(b) 

the following third and fourth paragraphs are added: 

"The measures necessary for the implementation of the provisions concerning 
oenological practices and restrictions laid down in Subsection II of Section IIa 
and  Annexes XVa  and  XVb,  save  as  otherwise  provided  in  those  Annexes, 
shall be adopted by the Commission in accordance with the procedure referred 
to in Article 195(4). 

The measures referred to in the third paragraph may include, in particular: 

(a) 

(b) 

(c) 

(d) 

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; 

authorised  oenological  practices  and  restrictions  concerning  liqueur 
wines; 

subject to point C of Annex XVb, 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) 

(g) 

administrative rules for carrying out the oenological practices authorised; 

the conditions governing the holding, circulation and the use of products 
not  complying  with  Article 120c  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; 

(h) 

the  conditions  under  which  Member  States  may  authorise  the  holding, 
circulation  and  use  of  products  not  complying  with  Subsection  II  of 

EN 

42 

   EN 

 
Section IIa other than Article 120c, or with provisions implementing that 
subsection."; 

(14) 

In Article 122, the following third and fourth paragraphs are added: 

“Member  States  may,  as  regards  the  wine  sector,  recognise  producer  organisations 
under the same conditions as those set out in points (b) and (c) of paragraph 1 and 
which apply rules of association which require their members, in particular, to: 

(a) 

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

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

purposes, in particular on growing areas and market evolution; 

(c) 

pay penalties for infringement of obligations under the rules of association; 

The following specific aims within the meaning of point (c) of paragraph 1 may be 
pursued, in particular, in the wine sector: 

(a) 

promoting  and  providing  technical  assistance  for  the  use  of  environmentally 
sound cultivation practices and production techniques; 

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

(c) 

(d) 

carrying  out  research  into  sustainable  production  methods  and  market 
developments; 

contributing  to  the  achievement  of  support  programmes  as  referred  to  in 
Section IVb of Chapter IV of Title I of Part II.”; 

(15) 

Article 123(3) is amended as follows: 

(a) 

the introductory words and points (a) and (b) are replaced by the following: 

“Further  to  paragraph  1,  Member  States  shall  with  regard  to  the  fruit  and 
vegetables  sector,  and  may  with  regard  to  the  wine  sector,  also  recognise 
interbranch organisations which: 

(a) 

are  made  up  of  representatives  of  economic  activities  linked  to  the 
production  of,  trade  in,  or  processing  of  the  products  of  the  sectors 
referred to in the introductory words; 

(b) 

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

(b)  point (c) is amended as follows: 

(i) 

the introductory words are replaced by the following: 

“ 

carry  out  one,  and  in  the  case  of  the  fruit  and  vegetables  sector  two,  or 
more  of  the  following  activities  in  one  or  more  regions  of  the 
Community, taking into account the interests of consumers,  in the wine 
sector in particular with regard to public health:”; 

(ii)  point (ii) is replaced by the following: 

"(ii)  helping  to  coordinate  better  the  way  the  products  of  the  fruit  and 
vegetables  and  the  wine  sectors  are  placed  on  the  market,  in 
particular by means of research and market studies,"; 

EN 

43 

   EN 

 
(iii)  point (iv) is replaced by the following: 

"(iv)  exploiting to a fuller extent the potential of the products of the fruit 

and vegetables and the wine sectors produced,"; 

(iv)  point (vii) is replaced by the following: 

"(vii) developing methods and instruments for improving product quality 
at all stages of production and marketing and, as regards the wine 
sector, also vinification."; 

(vi)  point (x) is replaced by the following: 

“(x)  with regard to the fruit and vegetables sector, laying down rules, as 
regards  the  production  and  marketing  rules  referred  to  in  points 2 
and 3  of  Annex XVIa,  which  are  stricter  than  Community  or 
national rules."; 

(vii)  the following point is added: 

“(xi)  with regard to the wine sector: 

– 

– 

– 

providing  information  on  particular  characteristics  of  wine 
with  a  protected  designation  of  origin  or  geographical 
indication; 

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

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

(16) 

The following Section is inserted after Article 125n: 

“SECTION IB 
RULES CONCERNING PRODUCER AND INTERBRANCH ORGANISATIONS  
IN THE WINE SECTOR 

Article 125o 
Recognition 

1.  Member  States  may  recognise  producer  and  interbranch  organisations  which 
have  lodged  an  application  for  recognition  with  the  Member  State  concerned 
and the application contains evidence that the entity: 

(a) 

as regards producer organisations: 

(i)  meet the requirements laid down in Article 122; 

(ii)  has  a  minimum  number  of  members,  to  be  laid  down  by  the 

Member State concerned; 

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

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

effectiveness and concentration of supply; 

EN 

44 

   EN 

 
(v) 

effectively  enables  its  members  to  obtain  technical  assistance  in 
using environmentally sound cultivation practices; 

(b) 

as regards interbranch organisations: 

(i)  meet the requirements laid down in Article 123(3); 

(ii) 

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

(iii)  represents  a  significant  share  of  the  production  of  or  trade  in 

products covered by this Regulation; 

(iv)  does  not  engage  in  the  production  or  processing  or  marketing  of 

products of the wine sector. 

2. 

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

Organisations  meeting 
in  Article 123(3)  and  of 
paragraph (1)(b)  of  this  Article,  which  have  been  recognised  by  Member 
States, shall be considered as recognised inter-branch organisations under those 
provisions. 

the  criteria  set  out 

3.  Articles  125b(2)  and  125k(3)  shall  apply  mutatis  mutandis  to  producer  and 
interbranch organisations respectively in the wine sector. However, the annual 
notifications  referred  to  in  Articles  125b(2)(c)  and  125k(3)(d)  respectively 
shall be made by 1 March each year.”; 

(17) 

In Article 129, the second sentence is replaced by the following: 

"The tariff nomenclature resulting from the application of this Regulation including, 
as the case may be, the definitions in Annex III and Annex XIb shall be included in 
the Common Customs Tariff."; 

(18) 

In Article 130, the following point is inserted after point (g): 

“(ga) wine;”; 

(19) 

The following Article is inserted after Article 133: 

“Article 133a 
Special security in the wine sector 

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  by  the 
Commission  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. 

EN 

45 

   EN 

 
If  the  entry  price  of  the  consignment  is  not  declared,  the  application  of 
Common Customs Tariff shall be dependent on the flat-rate import value or on 
the application, under conditions to be determined by the Commission, of the 
relevant provisions of customs legislation. 

2. 

Should  derogations  by  the  Council  referred  to  in  points B.5  or C  of 
Annex XVb 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 proof, to the satisfaction of the customs authorities of the Member 
State of release for free circulation, that the musts were made into grape juice, 
used  in  other  products  outside  the  wine  sector  or,  if  vinified,  have  been 
appropriately labelled.”; 

(20) 

In Article 141(1), the introductory words are replaced by the following: 

“An  additional  import  duty  shall  apply  to  imports,  subject  to  the  rate  of  duty  laid 
down in Articles 135 to 140a of one or more products of the cereals, rice, sugar, fruit 
and  vegetables,  processed  fruit  and  vegetables,  beef  and  veal,  milk  and  milk 
products, pig meat, sheep meat and goat meat, eggs, poultry and bananas sectors, as 
well  as  of  grape  juice  and  grape  must,  in  order  to  prevent  or  counteract  adverse 
effects on the market of the Community which may result from those imports, if:”; 

(21) 

In Section IV of Chapter II of Part III, the following Subsection V is added: 

“SUBSECTION V 
SPECIAL PROVISIONS FOR IMPORTS OF WINE 

“Article 158a 
Special import requirements for wine 

1. 

2. 

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 Subsection I of Section Ia 
of Chapter I of Title II of Part II, as well as Article 113d(1) of this Regulation 
shall  apply  to  products  falling  under  CN  codes  2009 61,  2009 69  and  2204 
which are imported into the Community. 

Save as otherwise provided in agreements concluded pursuant to Article 300 of 
the Treaty, products referred to in paragraph 1 of this Article shall be produced 
in  accordance  with  oenological  practices  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 Commission, in the country from which the 
product 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. 

EN 

46 

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4.  Detailed  rules  for  the  application  of  this  Article  shall  be  adopted  by  the 

Commission.”; 

(22) 

The first subparagraph of Article 160(1) is replaced by the following: 

“Where  the  Community  market  is  disturbed  or  is  liable  to  be  disturbed  by  inward 
processing arrangements, the Commission may suspend, at the request of a Member 
State  or  on  its  own  initiative,  fully  or  partially  the  use  of  inward  processing 
arrangements  for  the  products  of  the  cereals,  rice,  sugar,  olive  oil  and  table  olives, 
fruit  and  vegetables,  processed  fruit  and  vegetables,  wine,  beef  and  veal,  milk  and 
milk products, pigmeat, sheepmeat and goatmeat, eggs, poultrymeat and agricultural 
ethyl alcohol sectors. 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.”; 

(23) 

In Article 161, the following point is inserted after point (db): 

“(dc) wine;”; 

(24) 

The first subparagraph of Article 174(1) is replaced by the following: 

“Where the Community  market  is disturbed or is liable to be disturbed by outward 
processing arrangements, the Commission may suspend at the request of a Member 
State  or  on  its  own  initiative  fully  or  partially  the  use  of  outward  processing 
arrangements  for  the  products  of  the  cereals,  rice,  fruit  and  vegetables,  processed 
fruit  and  vegetables,  wine,  beef  and  veal,  pigmeat,  sheepmeat  and  goatmeat  and 
poultrymeat  sectors.  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.”; 

(25) 

Article 175 is replaced by the following: 

"Article 175 
Application of Articles 81 to 86 of the Treaty 

Save as otherwise provided for in this Regulation, Articles 81 to 86 of the Treaty and 
implementation  provisions  thereof  shall,  subject  to  Articles 176  to  177  of  this 
Regulation,  apply  to  all  agreements,  decisions  and  practices  referred  to  in 
Articles 81(1) and 82 of the Treaty which relate to the production of or trade in the 
products covered by this Regulation.”; 

(26) 

Article 180 is amended as follows: 

(a) 

the first paragraph is replaced by the following: 

"Articles 87, 88 and 89 of the Treaty shall apply to the production of and trade in the 
products referred to in Article 1."(b) 
in  the  second  paragraph,  after  "182",  the 
following is added: "and 182a, Subsection III of Section IVa of Chapter III of Title I 
of Part II and Section IVb of Chapter IV of Title I of Part II"; 

(27) 

The following Article is inserted after Article 182: 

"Article 182a 
National aid for distillation of wine in cases 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. 

EN 

47 

   EN 

 
2. 

3. 

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

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 Xb 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  Commission 
shall decide whether the measure is approved and aid may be granted. 

5. 

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

6.  Detailed  rules  for  the  application  of  this  Article  may  be  adopted  by  the 

Commission.”; 

(28) 

In Article 184, the following points are added: 

“7) 

to  the  European  Parliament  and  the  Council  by  31 December 2011  on  the 
implementation  of  the  promotion  measures  in  the  wine  sector  referred  to  in 
Article 103p. 

8) 

by the end of 2012 concerning the wine sector, in particular taking into account 
the experience gained with the implementation of the reform.”; 

(29) 

The following Articles are inserted after Article 185: 

“Article 185a 
Vineyard register and inventory 

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 120a(2) is less than 500 hectares shall 
not be subject to the obligation laid down in paragraph 1. 

3.  Member  States,  which  provide  for  the  measure  "restructuring  and  conversion 
of  vineyards"  in  their  support  programmes  in  accordance  with  Article 103q, 
shall,  on  the  basis  of  the  vineyard  register,  submit  to  the  Commission  by 
1 March each year an updated inventory of their production potential. 

4.  Detailed  rules  concerning  the  vineyard  register  and  the  inventory  shall  be 
adopted  by  the  Commission  in  particular  with  regard  to  their  use  concerning 
monitoring  and  control  of  the  production  potential  and  concerning  the 
measurement of areas. 

Any time after 1 January 2016, the Commission may decide that paragraphs 1 
to 3 no longer apply. 

Article 185b 
Compulsory declarations in the wine sector 

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. 

EN 

48 

   EN 

 
2.  Member  States  may  require  merchants  of  grapes  for  wine  making  to  declare 

each year the quantities marketed from the last harvest. 

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. 

4.  Detailed  rules  for  the  application  of  this  Article  may  be  adopted  by  the 
Commission and may in  particular include rules on penalties to  be applied in 
case of non-compliance with the communication requirements.”; 

Article 185c 
Accompanying documents and register in the wine sector 

1. 

The  products  of  the  wine  sector  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 the 
wine sector in the exercise of their trade, in particular producers, bottlers and 
processors,  as  well  as  merchants  to  be  determined  by  the  Commission,  shall 
keep inwards and outwards registers in respect of those products. 

3.  Detailed  rules  for  the  application  of  this  Article  may  be  adopted  by  the 

Commission.”; 

Article 185d 
Designation of responsible national authorities for the wine sector 

1.  Without  prejudice  to  any  other  provisions  of  this  Regulation  concerning  the 
determination of competent national authorities, Member States shall designate 
one  or  more  authorities  which  shall  be  responsible  for  ensuring  compliance 
with  Community  rules  in  the  wine  sector.  In  particular,  Member  States  shall 
designate the laboratories authorised to carry out official analyses in the wine 
sector.  The  designated  laboratories  shall  meet  the  general  criteria  for  the 
operation of testing laboratories set out in ISO/IEC 17025. 

2.  Member States shall inform the Commission of the names and addresses of the 
authorities  and  laboratories  referred  to  in  paragraph 1.  The  Commission, 
without  the  assistance  of  the  Committee  referred  to  in  Article  195(1),  shall 
make this information public.”; 

(30) 

The following Article is inserter after Article 188: 

"Article 188a 
Reporting and evaluation in the wine sector 

1.  As  concerns  unlawful  plantings  planted  after  31  August  1998  referred  to  in 
Article 85a, 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 of that Article. 

EN 

49 

   EN 

 
2.  As  concerns  obligatory  regularisation  of  unlawful  plantings  planted  before 
1 September 1998 referred to in Article 85b, 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 of that Article, 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 of that Article. 

Member  States  shall,  for  the  first  time  by  1 March 2010,  communicate  to  the 
Commission the areas grubbed up in accordance with the first subparagraph of 
Article 85b(4). 

The  end  of  the  transitional  ban  on  new  plantings  on  31 December 2015  as 
provided for in Article 85g(1), shall not affect the obligations provided for in 
this paragraph. 

3.  As concerns aid applications in the context of the grubbing-up scheme set up in 
Subsection III of Section IVa of Chapter III of Title I of Part II, Member States 
shall notify the Commission by 1 March each year of the applications accepted 
split  by  regions  and  by  yield  ranges  and  the  total  amount  of  grubbing-up 
premiums paid by region. 

For  the  preceding  wine  year,  Member  States  shall  notify  the  Commission  by 
1 December each year of: 

(a) 

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

(b) 

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

4.  As  concerns  exemptions  from  the  eligibility  for  the  participation  in  the 
grubbing-up scheme in accordance with Article 85u, Member States deciding 
to make use of the possibility provided for in paragraphs 4 to 6 of that Article 
shall communicate to the Commission by 1 August each year, concerning the 
grubbing-up measure to be implemented: 

(a) 

(b) 

the areas declared ineligible; 

the  justification  for  ineligibility  in  accordance  with  Article  85u(4) 
and (5). 

5.  Member States shall submit to the Commission by 1 March each year, and for 
the first time by 1 March 2010, a report on the implementation of the measures 
provided  for  in  their  support  programmes  referred  to  in  Section IVb  of 
Chapter IV of Title I of Part II during the previous financial year. 

Those  reports  shall  list  and  describe  the  measures  for  which  Community 
assistance  under  the  support  programmes  was  granted  and  shall  in  particular 
provide details on the implementation of the promotion measures referred to in 
Article 103p. 

6.  Member  States  shall  by  1 March 2011  and,  a  second  time,  by  1 March 2014 
submit to the Commission an evaluation of the costs and benefits of the support 
programmes as well as an indication of how to increase their efficiency. 

7.  Detailed  rules  for  the  application  of  this  Article  shall  be  adopted  by  the 

Commission.”; 

EN 

50 

   EN 

 
(31) 

The following Article is inserted after Article 190: 

"Article 190a 
Transfer of amounts available in the wine sector to rural development 

1. 

The  amounts  fixed  in  paragraph 2,  based  on  historical  expenditure  under 
Regulation  (EC)  No 1493/1999  for 
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. 

intervention  measures 

2. 

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

– 

– 

– 

2009: EUR 40,5 million, 

2010: EUR 80,9 million, 

from 2011 onwards: EUR 121,4 million. 

3. 

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

(32) 

In Article 194, the following paragraph is added: 

“The  Commission  may  also  determine  the  rules  ensuring  uniform  application  of 
Community provisions as laid down in this Regulation and, in particular, in the wine 
sector.  Such  rules  may,  in  particular,  relate  to  controls  and  rules  governing  the 
specific financial procedures for the improvement of controls.”; 

(33) 

The following Article is inserted after Article 194: 

"Article 194a 
Compatibility with the integrated administration and control system 

For the purposes of applying this Regulation in the wine sector, Member States shall 
ensure that the administration and control procedures, referred to in the first and the 
third  paragraph  of  Article  194,  which  relate  to  areas  are  compatible  with  the 
integrated administration control system (IACS) as regards the following elements: 

(a) 

(b) 

the computerised data base; 

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

(c) 

the administrative checks. 

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

(34) 

Article 195 is amended as follows: 

(a) 

paragraph 1 is replaces by the following:  

"1.  The Commission shall be assisted by the Management Committee for the 
Common Organisation of Agricultural Markets (hereinafter referred to as 
the Management Committee)" 

(b) 

the following paragraphs are added: 

EN 

51 

   EN 

 
"3.  The Commission shall also be assisted by a Regulatory Committee.  

4.  Where reference is made to this paragraph, Articles 5 and 7 of Decision 

1999/468/EC shall apply. 

The  period  laid  down  in  Article  5(6)  of  Decision  1999/468/EC  shall  be 
set at three months."; 

(35) 

Article 196 is replaced by the following: 

"Article 196 
Organisation of the Management Committee 

The  organisation  of  the  meetings  of  the  Management  Committee  referred  to  in 
Article 195(1) shall take into account, in particular, the scope of its responsibilities, 
the specificities of the subject to be dealt with, and the need to involve appropriate 
expertise."; 

(36) 

The following Article is inserted after Article 203a: 

"Article 203b 
Transitional rules in the wine sector 

"The Commission may adopt the measures required to facilitate the transition from 
the  arrangements  provided  for  in  Regulations  (EC)  No 1493/1999  and  (EC) 
No 479/2008 to those laid down in this Regulation.”; 

(37) 

The Annexes are amended as follows: 

(a) 

In Annex III, after Part III, Part IIIa is inserted, the text of which is as set out in 
Annex I to this Regulation; 

(b)  After Annex X, Annexes Xb, Xc, Xd and Xe are inserted, the text of which is 

as set out in Annex II to this Regulation; 

(c)  After Annex XIa, Annexes XIb to XId are inserted, the text of which is as set 

out in Annex III to this Regulation; 

(d)  After Annex XV, Annexes XVa and XVb are inserted, the text of which is as 

set out in Annex IV to this Regulation; 

(e) 

In Annex XXII, point 47 is added, the text of which is as set out in Annex V to 
this Regulation. 

Article 2 
Amendment to Regulation (EC) No 1184/2006 

Article 1 of Regulation (EC) No 1184/2006 is replaced by the following: 

“Article 1 

This  Regulation  shall  lay  down  the  rules  to  be  applied  as  regards  the  applicability  of 
Articles 81 to 86 and certain provisions of Article 88 of the Treaty in relation to production 
of, or trade in, the products listed in Annex I to the Treaty with the exception of the products 
covered by Council Regulation (EC) No 1234/2007*. 

_____________________ 

EN 

52 

   EN 

 
 
* 

OJ L 299, 16.11.2007.” 

Article 3 
Repeals and transitional continued applicability 

1. 

Subject to paragraph 2, Regulation (EC) No 479/2008 is repealed. 

References to the repealed Regulation shall be construed as references to Regulation 
(EC)  No 1234/2007  and  shall  be  read  in  accordance  with  the  respective  correlation 
table set out in Annex XXII to that Regulation. 

2. 

Article  128(3)  of  Regulation  (EC)  No 479/2008  shall  continue  to  apply  for  the 
measures and under the conditions set out therein. 

Article 4 
Entry into force 

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

It shall apply from 1 August 2009. 

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

Done at Brussels, 

For the Council 
The President 

EN 

53 

   EN 

 
 
 
ANNEX I 

“Part IIIa: Definitions concerning the wine sector 

Vine related 

1. 

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. 

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

Produce related 

4. 

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. 

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

(a) 

(b) 

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

is  obtained  by  addition  to  unfermented  grape  must,  which  has  a  natural 
alcoholic  strength  of  not  less  than  8,5 % vol.  and  is  exclusively  derived  from 
wine grape varieties classifiable according to Article 120a(2): 

(i) 

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.; 

(ii)  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. 

6. 

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

(a) 

(b) 

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

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. 

7. 

"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° C is not less than 50,9 %. 

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

EN 

54 

   EN 

 
8. 

"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); 

(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). 

9. 

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

10. 

"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. 

11. 

"Wine fortified for distillation" shall mean a product which: 

(a) 

(b) 

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

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

(c) 

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

12. 

"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 

13. 

14. 

15. 

16. 

17. 

18. 

"Actual  alcoholic  strength  by  volume"  shall  mean  the  number  of  volumes  of  pure 
alcohol  contained  at  a  temperature  of  20° C  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° C capable of being produced by total fermentation of 
the sugars contained in 100 volumes of the product at that temperature. 

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

"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 product. 

EN 

55 

   EN 

 
19. 

"Total  alcoholic  strength  by  mass"  shall  mean  the  sum  of  the  actual  and  potential 
alcoholic strength.” 

EN 

56 

   EN 

 
ANNEX II 

“ANNEX Xb 

Budget for support programmes 
(referred to in Article 103n(1)) 

Budget year 

2009 

2010 

2011 

2012 

2013 

in 1 000 EUR 

from 2014 
onwards 

BG 

CZ 

DE 

EL 

ES 

FR 

IT* 

CY 

LT 

LU 

HU 

MT 

AT 

PT 

RO 

SI 

SK 

UK 

15 608 

21 234 

22 022 

27 077 

26 742 

26 762 

2 979 

4 076 

4 217 

5 217 

5 151 

5 155 

22 891 

30 963 

32 190 

39 341 

38 867 

38 895 

14 286 

19 167 

19 840 

24 237 

23 945 

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 

238 223 

298 263 

294 135 

341 174 

336 736 

336 997 

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 

318 

329 

407 

401 

402 

8 038 

10 888 

11 313 

13 846 

13 678 

13 688 

37 802 

51 627 

53 457 

65 989 

65 160 

65 208 

42 100 

42 100 

42 100 

42 100 

42 100 

42 100 

3 522 

2 938 

160 

4 820 

4 022 

221 

4 987 

4 160 

227 

6 169 

5 147 

284 

6 091 

5 082 

280 

6 095 

5 085 

280 

* 

The  national  ceilings  in  Annex VIII  to  Regulation  (EC)  No 1782/2003  for  Italy  corresponding  to  years  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. 

EN 

57 

   EN 

 
 
Budget allocation for rural development referred to in Article 190a(3) 

ANNEX Xc 

Budget year 

2009 

2010 

in 1 000 EUR

From 
2011 
onwards 

BG 

CZ 

DE 

EL 

ES 

FR 

IT 

CY 

LT 

LU 

HU 

MT 

AT 

PT 

RO 

SI 

SK 

UK 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

15 491 

30 950 

46 441 

11 849 

23 663 

35 512 

13 160 

26 287 

39 447 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

“ 

EN 

58 

   EN 

 
ANNEX Xd 

Budget for the grubbing-up scheme 

The budget available for the grubbing-up scheme referred to in Article 85s(3) shall be: 

(a) 

(b) 

(c) 

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

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

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

EN 

59 

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Areas which Member States may declare ineligible for the grubbing-up scheme 
(referred to in Article 85u(1), (2) and (5)) 

ANNEX Xe  

Member State 

Total area  
planted with vines 

Areas referred to in 
Article 85u(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 

“ 

EN 

60 

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ANNEX III 

"ANNEX XIb 
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 XVa, 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  the  Appendix  to  this  Annex,  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 XVa, 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 by the 
Commission  in  accordance  with  the  procedure  referred  to  in  Article 195(4), 
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 by the Commission in accordance 
with the procedure referred to in Article 195(4), 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) 

(b) 

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

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 

EN 

61 

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appearing  on  a  list  to  be  drawn  up  by  the  Commission  in  accordance  with  the 
procedure referred to in Article 195(4); 

(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 by the Commission in accordance with the procedure referred to in 
Article 195(4),  with  a  protected  designation  of  origin  or  geographical 
indication are concerned. 

(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 by the Commission in accordance with 
the procedure referred to in Article 195(4); 

(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 by the Commission in accordance 
with the procedure referred to in Article 195(4): 

(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, 

EN 

62 

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– 

– 

– 

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) 

(c) 

(d) 

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

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

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) 

(c) 

(d) 

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

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

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 by the Commission in accordance with the procedure referred to 
in  Article 195(4).  Quality  aromatic  sparkling  wines  traditionally  produced  using 
wines  when  constituting  the  cuvée,  shall  be  determined  by  the  Commission  in 
accordance with the procedure referred to in Article 195(4); 

(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 °C in closed containers; 

EN 

63 

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(c) 

(d) 

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

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 by the Commission in accordance with the procedure referred to 
in Article 195(4). 

7. 

Aerated sparkling wine 

Aerated sparkling wine shall be the product which: 

(a) 

(b) 

(c) 

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

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

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

8. 

Semi-sparkling wine 

Semi-sparkling wine shall be the product which: 

(a) 

(b) 

(c) 

(d) 

9. 

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

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

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

is put up in containers of 60 litres or less. 

Aerated semi-sparkling wine 

Aerated semi-sparkling wine shall be the product which: 

(a) 

(b) 

(c) 

(d) 

10. 

is obtained from wine; 

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

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

is put up in containers of 60 litres or less. 

Grape must 

Grape must shall be the liquid product obtained naturally or by physical processes from fresh 
grapes.  An  actual  alcoholic  strength  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. 

EN 

64 

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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 by 
the  Commission  in  accordance  with  the  procedure  referred  to  in  Article 195(4),  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 120g  at  a  temperature  of  20 °C  is  not  less  than 
50,9 %. 

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

14. 

Rectified concentrated grape must 

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

(a) 

(b) 

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 120g at a temperature of 20 °C is not less than 61,7 %; 

has  undergone  authorised 
constituents other than sugar; 

treatment  for  de-acidification  and  elimination  of 

(c) 

has the following characteristics: 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

a pH of not more than 5 at 25 °Brix, 

an optical density at 425 nm for a thickness of 1 cm of not more than 0,100 in 
grape must concentrated at 25 °Brix, 

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

a Folin-Ciocalteu index of not more than 6,00 at 25 °Brix, 

a  titratable  acidity  of  not  more  than  15 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 °Brix and 20 °C of not more than 120 micro-Siemens/cm, 

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

presence of mesoinositol. 

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

EN 

65 

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15. 

Wine from raisined grapes 

Wine from raisined grapes shall be the product which: 

(a) 

(b) 

(c) 

16. 

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

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

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

Wine of overripe grapes 

Wine of overripe grapes shall be the product which: 

(a) 

(b) 

(c) 

is produced without enrichment; 

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

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. 

17. 

Wine vinegar 

Wine vinegar shall be vinegar which: 

(a) 

(b) 

is obtained exclusively by acetous fermentation of wine; 

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

EN 

66 

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APPENDIX TO ANNEX XIb 
Wine growing zones 

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) 

(b) 

(c) 

(d) 

(e) 

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

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; 

in Austria, the Austrian wine-growing area; 

in  the  Czech  Republic,  the  wine-growing  region  of  Morava  and  the  areas 
planted with vines not included in paragraph 1(d); 

the  areas  planted  with  vines 

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

in 

(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: 

EN 

67 

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– 

– 

– 

in  the  following  departments:  Allier,  Alpes-de-Haute-Provence,  Hautes-
Alpes,  Alpes-Maritimes,  Ariège,  Aveyron,  Cantal,  Charente,  Charente-
Maritime, Corrèze, Côte-d'Or, Dordogne, Haute-Garonne, Gers, Gironde, 
Isère  (with  the  exception  of  the  commune  of  Chapareillan),  Landes, 
Loire, Haute-Loire, Lot, Lot-et-Garonne, Lozère, Nièvre (except for  the 
arrondissement 
Pyrénées-
Atlantiques,  Hautes-Pyrénées,  Rhône,  Saône-et-Loire,  Tarn,  Tarn-et-
Garonne, Haute-Vienne, Yonne, 

of  Cosne-sur-Loire), 

Puy-de-Dôme, 

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) 

(c) 

(d) 

(e) 

(f) 

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

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

in Portugal, areas planted with vines in that part of the region of Norte which 
corresponds  to  the  designated  wine  area  of  "Vinho  Verde"  as  well  as  the 
"Concelhos  de  Bombarral,  Lourinhã,  Mafra  e  Torres  Vedras"  (with  the 
exception  of  "Freguesias  da  Carvoeira  e  Dois  Portos"),  belonging  to  the 
"Região viticola da Extremadura"; 

in Hungary, all areas planted with vines; 

in Slovakia, areas planted with vines in the Tokajská vinohradnícka oblastˇ; 

(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; 

EN 

68 

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(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, 

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, 
Puget-Ville,  Collobrières, 
La Garde-Freinet, Plan-de-la-Tour and Sainte-Maxime, 

Solliès-Toucas,  Cuers, 

in  the  cantons  of  Olette  and  Arles-sur-Tech  in  the  department  of 
Pyrénées-Orientales; 

EN 

69 

   EN 

 
(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) 

(f) 

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

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

(g) 

in Malta, areas planted with vines. 

7. 

is 

The demarcation of the territories covered by the administrative units referred to in 
this  Annex 
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.” 

the  national  provisions 

resulting 

from 

that 

in 

EN 

70 

   EN 

 
A. 

1. 

2. 

3. 

B. 

1. 

2. 

3. 

"ANNEX XVa 
Enrichment, acidification and de-acidification in certain wine growing zones 

ANNEX IV 

ENRICHMENT LIMITS 

Where climatic conditions have made it necessary in certain wine-growing zones of 
the  Community  referred  to  in  the  Appendix  to  Annex XIb,  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 120a(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 the Appendix to Annex XIb; 

(b)  2 % vol. in wine-growing zone B referred to in the Appendix to Annex XIb; 

(c) 

1,5 % vol. in wine-growing zones C referred to in the Appendix to Annex XIb. 

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  Management  Committee  foreseen  in  Article 195(1)  as  soon  as 
possible. The Commission will endeavour to take a decision 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 103y. 

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 the Appendix to Annex XIb; 

(b)  wine-growing zone B referred to in the Appendix to Annex XIb; 

(c)  wine-growing  zone C  referred  to  in  the  Appendix  to  Annex XIb,  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, 

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– 

Nîmes, 

–  Montpellier, 

– 

– 

– 

– 

– 

Toulouse, 

Agen, 

Pau, 

Bordeaux, 

Bastia. 

4. 

5. 

6. 

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. 

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 the Appendix to Annex XIb. 

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

(a) 

(b) 

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

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

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) 

(b) 

(c) 

(d) 

(e) 

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

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

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

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

in wine-growing zone C III referred to in the Appendix to Annex XIb 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 
in  wine-growing  zone A  and 
referred 
12,5 % vol. in wine-growing zone B referred to in the Appendix to Annex XIb; 

in  paragraph 6 

to 12 % vol. 

to 

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. 

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C. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

D. 

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) 

(b) 

(c) 

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

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

acidification  in  wine-growing  zone C III (b)  referred  to  in  the  Appendix  to 
Annex XIb. 

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. 

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

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  the  Appendix  to 
Annex XIb, under the conditions referred to in paragraphs 2 and 3. 

Acidification  and  enrichment,  except  by  way  of  derogation  to  be  decided  by  the 
Commission  in  accordance  with  the  procedure  referred  to  in  Article 195(4),  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  by  the  Commission  in  accordance  with  the 
procedure  referred  to  in  Article 195(4),  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)(l) 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 

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5. 

6. 

particular  producers,  bottlers,  processors  and  merchants  to  be  determined  by  the 
Commission  in  accordance  with  the  procedure  referred  to  in  Article 195(4),  at  the 
same  time  and  in  the  same  place  as  fresh  grapes,  grape  must,  grape  must  in 
fermentation or wine in bulk. The notification of these quantities may, however, be 
replaced by entry in a goods inwards and stock utilisation register. 

Each  of  the  processes  referred  to  in  points B  and C  shall  be  recorded  on  the 
accompanying document, as provided for in Article 185c, under cover of which the 
products having undergone the processes are put into circulation. 

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

(a) 

(b) 

in  wine-growing  zone C  referred  to  in  the  Appendix  to  Annex XIb  after 
1 January; 

in wine-growing zones A and B referred to in the Appendix to Annex XIb 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. 

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A. 

1. 

2. 

3. 

B. 

1. 

2. 

3. 

4. 

5. 

ANNEX XVb 
Restrictions 

GENERAL 

All authorised oenological practises shall exclude the addition of water, except where 
required on account of a specific technical necessity. 

All authorised oenological practises shall exclude the addition of alcohol, except for 
practices  related  to  obtaining  fresh  grape  must  with  fermentation  arrested  by  the 
addition  of  alcohol,  liqueur  wine,  sparkling  wine,  wine  fortified  for  distillation  and 
semi-sparkling wine. 

Wine fortified for distillation shall only be used for distillation. 

FRESH GRAPES, GRAPE MUST AND GRAPE JUICE 

Fresh grape must in which fermentation is arrested by the addition of alcohol shall be 
used  only  during  the  stage  of  preparation  of  products  which  do  not  fall  under  CN 
codes  2204 10,  2204 21  and  2204 29.  This  is  without  prejudice  to  any  stricter 
provisions  which  Member  States  may  apply  to  the  preparation  in  their  territory  of 
products which do not fall under CN codes 2204 10, 2204 21 and 2204 29. 

Grape  juice  and  concentrated  grape  juice  shall  not  be  made  into  wine  or  added  to 
wine.  They  shall  not  undergo  alcoholic  fermentation  in  the  territory  of  the 
Community. 

The  provisions  of  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 XIb  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. 

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. 

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2. 

3. 

4. 

5. 

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  by  the  Commission  in  accordance  with  the  procedure 
referred  to  in  Article 195(4)  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. 

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

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  by  the  Commission  in  accordance  with  the  procedure 
referred to in Article 195(4).” 

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"47. 

"Regulation (EC) No 479/2008 

ANNEX V 

Regulation (EC) No 479/2008 

This Regulation 

Article 1 

Article 2 

Article 3 

Article 4 

Article 5 

Article 6 

Article 7 

Article 8 

Article 9 

Article 10 

Article 11 

Article 12 

Article 13 

Article 14 

Article 15 

Article 16 

Article 17 

Article 18 

Article 19 

Article 20 

Article 1(1)(l) 

Article 2 and Part IIIa of Annex III 

Article 103i 

Article 103j 

Article 103k 

Article 103l 

Article 103m 

Article 103n 

Article 103o 

Article 103p 

Article 103q 

Article 103r 

Article 103s 

Article 103t 

Article 103u 

Article 103v 

Article 103w 

Article 103x 

Article 103y 

Article 103z 

Article 21(1) 

Article 21(2) first subparagraph 

Article 188a(5) 

Article 188a(6) 

Article 21(2) second subparagraph 

Article 184 point 5) 

Article  22 
paragraph points (a) to (d) 

first  paragraph  and  second 

Article 103za 

Article 22 second paragraph point (e) 

Article 188a(7) 

Article 23 

Article 24 

Article 25(1) 

Article 25 (2) – (4) 

Article 26 

Article 27 

Article 28 

Article 29 

Article 30 

Article 31 

Article 32 

Article 190a 

Article 120a(2) – (6) 

Article 120a(1) 

Article 113d 

Article 120b 

Article 120c 

Article 120d 

Article 120e 

Article 120f 

Article 120g 

Article 121 third and fourth paragraphs  

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Regulation (EC) No 479/2008 

This Regulation 

Article 33 

Article 34 

Article 35 

Article 36 

Article 37 

Article 38 

Article 39 

Article 40 

Article 41 

Article 42 

Article 43 

Article 44 

Article 45 

Article 46 

Article 47 

Article 48 

Article 49 

Article 50 

Article 51 

Article 52 

Article 53 

Article 54 

Article 55 

Article 56 

Article 57 

Article 58 

Article 59 

Article 60 

Article 61 

Article 62 

Article 63 

Article 118a 

Article 118b 

Article 118c 

Article 118d 

Article 118e 

Article 118f 

Article 118g 

Article 118h 

Article 118i 

Article 118j 

Article 118k 

Article 118l 

Article 118m 

Article 118n 

Article 118o 

Article 118p 

Article 118q 

Article 118r 

Article 118s 

Article 121 first paragraph point (k) 

Article 118t 

Article 118u 

Article 118v 

Article 121 first paragraph point (l) 

Article 118w 

Article 118x 

Article 118y 

Article 118z 

Article 118za 

Article 118zb 

Article 121 first paragraph point (m) 

Article 64(1)(a) – (c)(i)-(iv) 

Article 122 second paragraph 

Article 64(1)(c)(v)-(viii) 

Article 64(1)(d) 

Article 64(1)(e) 

Article 64(2) 

Article 65(1)(a)-(c) 

Article 65(1)(d) 

Article 65(2) 

Article 122 third paragraph 

Article 122 third paragraph 

Article 125o(1)(a) 

Article 125o(2) 

Article 123(3) 

Article 125o(1)(b) 

Article 125o(2) second subparagraph 

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Regulation (EC) No 479/2008 

This Regulation 

Article 66(1) 

Article 66(2) 

Article 67 

Article 68 

Article 69 

Article 70(1) 

Article 70(2) 

Article 71 

Article 72 

Article 73 

Article 74 

Article 75 

Article 76 

Article 77 

Article 78 

Article 79 

Article 80 

Article 81 

Article 82 

Article 83 

Article 84(a) 

Article 84(b) and (c) 

Article 85(1) to (3) and (5) 

Article 85(4) 

Article 86(1) to (4) and (6) 

Article 86(5) 

Article 87 

Article 88 

Article 89 

Article 90 

Article 91 

Article 92 

Article 93 

Article 94 

Article 95 

Article 96 

Article 97 

Article 98 

Article 99 

– 

Article 125o(3) 

Article 113c(1) and (2) 

Article 125o(3) 

Articles 113c(3) and 125o(3) 

Article 135 

Article 128 

Article 129 

Article 130 161 

Articles 131 and 161(2) 

Articles 132 and 161(2) 

Articles 133 and 161(2) 

Article 133a 

Article 134 and 170 

Article 159 

Article 141(1) first subparagraph 

Articles 160 and 174 

Article 143 

Article 158a 

Article 144 

Article 158a(4) 

Article 148(a) and (b) 

Article 85a 

Article 188a(1) 

Article 85b 

Article 188a(2) 

Article 85c 

Article 85d 

Article 85e 

Article 85g 

Article 85h 

Article 85i 

Article 85j 

Article 85k 

Article 85l 

Article 85m 

Article 85n 

Article 85p 

Article 85o 

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Regulation (EC) No 479/2008 

This Regulation 

Article 100 

Article 101 

Article  102(1) 
subparagraph 

Article 85q 

Article 85r 

to 

(4) 

and 

(5) 

first 

Article 85s 

Article 102(5) second subparagraph and (6) 

Article 188a(3) 

Article 103 

Article 104(1) to (7) and (9) 

Article 104(8) 

Article 105 

Article 106 

Article 107 

Article 108 

Article 109 

Article 110 

Article 111 

Article 112 

Article 113(1) 

Article 113(2) 

Article 114 

Article 115 

Article 116 

Article 117(a) 

Article 117(b) – (e) 

Article 118 

Article 119 

Article 120 

Article 121(a) and (b) 

Article 121(c) 

Article 121(d) and (e) 

Article 121(f) 

Article 121(g) 

Article 121 – 125 

Article 126(a) 

Article 126(b) 

Article 127(1) 

Article 127(2) 

Article 129(3) 

Article 85t 

Article 85u 

Article 188a(4) 

Article 85v 

Article 85w 

Article 85x 

Article 185a(1) and (2) 

Article 185a(3) 

Article 185a(4) second subparagraph 

Article 185b 

Article 185c 

Article 195(2) 

Article 195(3) and (4) 

Article 190 

Article 192 

Article 194 fourth and fifth paragraphs 

Article 194 third paragraph 

Article 194 first paragraph 

Article 185d 

Article 182a(1) – (5) 

Article 184 point 6) 

Article 185a(4) first subparagraph 

Article 194 

Article 185b(4) 

Article 185c(3) 

Article 182a(6) 

– 

Article 203b 

Article 191 

Article 180 first paragraph 

Article 180 second paragraph 

Article 85f 

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