Commission Regulation (EC) No 114/2009 of 6 February 2009 laying down transitional measures for the application of Council Regulation (EC) No 479/2008 as regards the references to wines with a protected designation of origin and a protected geographical indication
Date: 2009-02-06
Institutions: European Commission
Subjects: agricultural market, designation of origin, originating product, viticulture, wine

L 38/26

EN

Official Journal of the European Union

7.2.2009

COMMISSION REGULATION (EC) No 114/2009

of 6 February 2009

laying down transitional measures for the application of Council Regulation (EC) No 479/2008 as
regards the references to wines with a protected designation of origin and a protected geographical
indication

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

amending Regulations

Having regard to Council Regulation (EC) No 479/2008 of
29 April 2008 on the common organisation of the market in
wine,
(EC)
(EC) No 3/2008 and
No 1782/2003,
(EC)
2392/86
repealing
No 1493/1999 (1), and in particular Article 126(a) thereof,

(EC) No 1493/1999,

(EC) No 1290/2005,

Regulations

(EEC) No

and

Whereas:

(1)

(2)

(3)

Article 34 of Regulation (EC) No 479/2008 defines, with
the applicability from 1 August 2009,
the classes of
wines with protected designation of origin and of the
wines with protected geographical indication.

information

According to Article 10(2) of Regulation (EC) No
479/2008,
promotion measures
supported under that Article shall relate to wines with
a protected designation of origin or geographical
indi­
cation or wines with an indication of the wine grape
variety.

or

Article 65(1)(c)(vi) and (xiii) of Regulation (EC) No
479/2008 provides for the recognition of inter-branch
organisations providing information on particular charac­
teristics of wine with a protected designation of origin or
geographical
indication and exploiting, protecting and
promoting quality labels and protected designations of
origin and geographical indications.

rights may be transferred, in whole or in part, to another
holding in the same Member State in case that areas on
that other holding are intended for the productions of
wines with a protected designation of origin or a
protected geographical indication.

Points 1 and 3 of Annex IV to Regulation (EC) No
the definition of wine and
479/2008 provide for
liqueur wine,
respectively. Those definitions contain
specific provisions referring to wines with protected
designation of origin and wines with geographical indi­
cation.

Point 7 of Annex IV to Regulation (EC) No 479/2008
provides for the definition of aerated sparkling wine.
That definition refers to wines without protected desig­
nation of origin or a geographical indication.

In accordance with Article 129(2)(e) of Regulation (EC)
No 479/2008, definitions of wines with a protected
designation of origin or geographical indication do not
apply before 1 August 2009. Under the previous scheme
established by Council Regulation (EC) No 1493/1999 (2)
the corresponding categories were the quality wines psr
and the wines with geographical indication.

In order to enable Member States to apply Articles 10(2),
65(1)(c)(vi) and (xiii), 92(5)(b)(i) and Annex IV points 1,
3 and 7 of Regulation (EC) No 479/2008 as from
is appropriate to take transitional
1 August 2008,
it
the wines with
measures as regards the definition of
protected designation of origin and of the wines with
protected geographical
indication. Since these Articles
have been applicable as from 1 August 2008, this Regu­
lation should apply from that date.

(5)

(6)

(7)

(8)

(4)

In accordance with Article 92(5)(b)(i) of Regulation (EC)
No 479/2008 Member States may decide that replanting

(9)

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

(1) OJ L 148, 6.6.2008, p. 1.

(2) OJ L 179, 14.7.1999, p. 1.

7.2.2009

EN

Official Journal of the European Union

L 38/27

HAS ADOPTED THIS REGULATION:

Article 1

For the purposes of the application of Articles 10(2), 65(1)(c)(vi)
and (xiii), 92(5)(b)(i) and Annex IV points 1, 3 and 7 of Regu­
lation (EC) No 479/2008 as from 1 August 2008 until 31 July
2009, references made to wines with protected designation of
origin and to wines with protected geographical indication shall

read as references to quality wines psr and to wines with
geographical indication, respectively.

Article 2

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

It shall apply from 1 August 2008.

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

Done at Brussels, 6 February 2009.

For the Commission

Mariann FISCHER BOEL
Member of the Commission