Commission Regulation (EC) No 981/2008 of 7 October 2008 amending Regulation (EC) No 423/2008 laying down certain detailed rules for implementing Council Regulation (EC) No 1493/1999 and establishing a Community code of oenological practices and processes
Date: 2008-10-07
Institutions: European Commission
Subjects: application of EU law, common organisation of markets, vinification, viticulture

8.10.2008

EN

Official Journal of the European Union

L 267/5

COMMISSION REGULATION (EC) No 981/2008

of 7 October 2008

amending Regulation (EC) No 423/2008 laying down certain detailed rules for implementing
Council Regulation (EC) No 1493/1999 and establishing a Community code of oenological
practices and processes

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Annex V to Regulation (EC) No 1493/1999 are as set
out in Annex XIV to Regulation (EC) No 423/2008, and
Article 24 of that Regulation provides that the wines
covered by exceptions regarding the maximum volatile
acid content in accordance with point B(3) of Annex V
to Regulation (EC) No 1493/1999 are as set out
in
Annex XVI to Regulation (EC) No 423/2008.

Having regard to Council Regulation (EC) No 1493/1999 of
17 May 1999 on the common organisation of the market in
wine (1), and in particular Article 46(1) and (2) thereof,

(5)

Whereas:

(1)

(2)

(3)

(4)

Regulation (EC) No 1493/1999 was repealed by Council
Regulation (EC) No 479/2008 of 29 April 2008 on the
common organisation of the market in wine, amending
Regulations (EC) No 1493/1999,
(EC) No 1782/2003,
(EC) No 3/2008 and repealing
(EC) No 1290/2005,
Regulations
(EC)
No 1493/1999 (2). However, Chapter I of Title V of
Regulation (EC) No 1493/1999 relating to oenological
practices and processes, Article 70 thereof, and the corre­
sponding provisions contained in particular
in the
Annexes to that Regulation continue to apply until
31 July 2009.

2392/86

(EEC)

and

No

Point A(2) of Annex V to Regulation (EC) No 1493/1999
provides for derogations to the maximum total sulphur
dioxide content for certain categories of wine with a
residual sugar content of not less than five grams per
litre.

Point B(3) of Annex V to Regulation (EC) No 1493/1999
the possibility of derogating from the
provides
maximum total volatile acid content
for certain cate­
gories of wine.

for

Commission Regulation (EC) No 423/2008 (3) lays down
certain detailed rules for the application of Regulation
(EC) No 1493/1999 relating in particular
to the
and the
maximum total
maximum total volatile
In
particular, Article 23(1) of that Regulation provides that
the amendments to the lists of wines in point A(2) of

acid content of wine.

sulphur dioxide

content

(1) OJ L 179, 14.7.1999, p. 1.
(2) OJ L 148, 6.6.2008, p. 1.
(3) OJ L 127, 15.5.2008, p. 13.

tardia’ have

term ‘colheita

‘Douro’
Certain white Portuguese quality wines psr
a
accompanied by the
residual sugar content of not less than 80 g/l and, for
their preservation in good quality conditions, require a
sulphur dioxide content above the general
limit of
260 mg/l but less than 400 mg/l. Those wines should
therefore be added to the list in point (b) of the first
paragraph
(EC)
XIV
No 423/2008.

of Annex

Regulation

to

(6)

(7)

(8)

Certain Spanish quality wines psr with the designation of
origin ‘Rioja’ or the designation of origin ‘Málaga’ and
certain white Portuguese quality wines psr ‘Douro’, which
are made using special methods and have a total
alcoholic strength by volume greater than 13 % vol.,
normally have a volatile acid content above the limits
laid down in point B(1) of Annex V to Regulation (EC)
No 1493/1999 but less than 25, 35 or 40 milliequi­
valents per litre depending on the wine in question.
Those wines should therefore be added to the list in
Annex XVI to Regulation (EC) No 423/2008.

Article 44 of Regulation (EC) No 423/2008 lays down
general rules for the experimental use of new oenological
practices by Member States. The condition laid down in
point (c) of paragraph 1 of that Article, which bans wine
that has undergone experimental oenological practices
authorised by a Member State from being sent outside
that Member State, is causing difficulties for operators, in
the
particular in evaluating the economic impact of
experimental practices. This restrictive condition should
be abolished where the practice concerned has already
been recommended and published by the International
Organisation of Vine and Wine (OIV).

The possibility for wine that has undergone experimental
oenological practices to move within the Community
must be effectively controlled and requires the experi­
mental practices used for it
to be indicated on the
accompanying document referred to in Article 70(1)
and in the register referred to in Article 70(2) of Regu­
lation (EC) No 1493/1999.

L 267/6

EN

Official Journal of the European Union

8.10.2008

(9)

Regulation (EC) No 423/2008 should be amended
accordingly.

practice already recommended and published by the OIV,
the products obtained may be marketed throughout the
Community.’;

(10)

The measures provided for in this Regulation are in
the Management
accordance with the opinion of
Committee for the Common Organisation of Agricultural
Markets,

HAS ADOPTED THIS REGULATION:

Regulation (EC) No 423/2008 is hereby amended as follows:

Article 1

(b) the following point (e) is added:

‘(e)

the practices or processes concerned shall be entered
referred to in
on the accompanying document
Article 70(1) and in the register
referred to in
Article 70(2) of Regulation (EC) No 1493/1999.’

1. The first subparagraph of Article 44(1)

is amended as

2. Annexes XIV and XVI are amended in accordance with the

follows:

Annex to this Regulation.

(a)

the following sentence is added to point (c):

‘However, where the oenological practice or process
authorised for experimental purposes is an oenological

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

Article 2

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

Done at Brussels, 7 October 2008.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

8.10.2008

EN

Official Journal of the European Union

L 267/7

ANNEX

The Annexes to Regulation (EC) No 423/2008 are amended as follows:

1. The following seventh indent is added to point (b) of Annex XIV:

‘— white quality wines psr entitled to bear the designation of origin “Douro” followed by the term “colheita tardia”;’

2. Annex XVI is amended as follows:

(a) Points (i) and (ii) under point (f) are replaced by the following:

‘(i) 25 milliequivalents per litre for:

— quality wines psr meeting the requirements to be described as “vendimia tardía”,

— sweet white or rosé quality wines psr produced from overripe grapes entitled to bear the designation of

origin “Rioja”;

(ii) 35 milliequivalents per litre for:

— the quality wines psr produced from overripe grapes entitled to bear the designation of origin “Ribeiro”,

— the quality liqueur wines psr described by the term “generoso” or “generoso de licor” and entitled to bear
the designation of origin “Condado de Huelva”, “Jerez-Xerez-Sherry”, “Manzanilla-Sanlúcar de Barrameda”,
“Málaga” or “Montilla-Moriles”,

— the sweet quality wines psr and quality liqueur wines psr entitled to bear the designation of origin

“Málaga”;’

(b) the following point (p) is added:

‘(p)

for Portuguese wines:

30 milliequivalents per litre for white quality wines psr entitled to bear the designation of origin “Douro”
followed by the term “colheita tardia”, where the total alcoholic strength by volume is not less than 16 % vol.
and the residual sugar content is at least 80 g/l.’