CELEX: 31985R3307
Language: en
Date: 1985-11-18 00:00:00
Title: Council Regulation (EEC) No 3307/85 of 18 November 1985 amending Regulation (EEC) No 337/79 on the common organization of the market in wine

29 . 11 . 85                                      Official Journal of the European Communities                                   No L 320 / 1
                                                                             I
                                                       (Acts whose publication is obligatory)
                                                  COUNCIL REGULATION ( EEC ) No 3307 / 85
                                                                  of 18 November 1985
                                   amending Regulation ( EEC ) No 337 / 79 on the common organization
                                                                  of the market in wine
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                      of products upstream of wine has proved to be insufficient
                                                                                and , on the other hand , acidification of wine to a greater
 Having regard to the Treaty establishing the European                          extent in order to give the winemaker more flexibility ;
 Economic Community , and in particular Article 43
 thereof,                                                                       Whereas , with the aim of facilitating the checking of the
                                                                                observance of Community provisions with respect to
                                                                                oenological practices , authorization should be given for
 Having regard to the proposal from the Commission ('),                         enriching products in the wine sector with a view to
                                                                                producing a beverage intended for direct human
                                                                                consumption , only in the winegrowing zone where the fresh
 Having        regard   to    the     opinion      of   the    European
 Parliament ( 2 ),
                                                                                grapes used were harvested ; whereas , for the same reasons ,
                                                                                the concentration of table wine should be restricted to the
                                                                                wine growing zone where the fresh grapes used were
 Having regard to the opinion of the Economic and Social                        harvested ; whereas amendments concerning acidification
 Committee ( 3 ),                                                               and deacidification require an adaptation to the rules laying
                                                                                down the time limits for carrying out these operations ;
                                                                                whereas the producers' obligations should also be stipulated
 Whereas taking into account the progress made in wine
                                                                                with respect to entries in the documents accompanying the
 technology and in a wish to strengthen , in the interests of the
                                                                                transport ;
 consumer , requirements for the use of certain oenological
practices , it has proved necessary to make various
                                                                                Whereas technical developments in the treatment of lees have
 adaptations to Council Regulation ( EEC ) No 337 / 79 ( 4 ), as
                                                                                enabled certain problems of cellarage techniques to be
last amended by Regulation ( EEC ) No 798 / 85 ( s );
                                                                                resolved and the provision of conditions responding better to
                                                                                helath requirements ; whereas these new techniques may be
Whereas , in order not to penalize economically producers                       authorized ; whereas , however , these techniques may not be
growing varieties which are authorized temporarily , the time                   applied in a manner incompatible with striving to obtain a
limit for eliminating these varieties should be changed ;                       product of suitable quality , to the extent that , in any case
                                                                                compulsory distillation under Article 39 of Regulation ( EEC )
                                                                                No 337 / 79 concerns only a very small volume , and this
Whereas experience shows that in certain zones of                               ensures that the measure will have the intended effect ;
production the acidification of wine is often a necessity ;
whereas therefore such acidification should be authorized
                                                                                Whereas the maximum sulphur dioxide levels for wines
subject to certain conditions ; whereas moreover , as
                                                                                intended for direct human consumption other than sparkling
additional acidification pursuant to Article 34 ( 2 ) of
                                                                                and liqueur wines were fixed by Article 44 of Regulation
Regulation ( EEC ) No 337 / 79 has to be carried out rapidly                    ( EEC ) No 337 / 79 ;
during the harvest , responsibility for the decision to have
recourse to it should be transferred to the Member States ,
                                                                                Whereas , pursuant to the abovementioned Article , the
subject to the relevant conditions ; wrhereas it is moreover
                                                                                Council asked the Commission to draw up a report on
appropriate to permit , on the one hand , deacidification of
                                                                                scientific knowledge and technological development in
wines in order to correct the acidity level if the deacidification
                                                                                respect of the use of sulphur dioxide in oenology ;
H OJ No C 206 , 14 . 8 . 1981 , p . 4 ; OJ No C 18 , 23 . 1 . 1982 , p . 4 ;    Whereas this report shows that a reduction in the said
      OJ No C 62 , 5 . 3 . 1984 , p . 29 .
( 2 ) OJ No C 327 , 14 . 12 . 1981 , p . 114 ; OJ No C 104 , 16 . 4 . 1984 ,
                                                                                maximum levels is compatible with present-day oenological
      p . 96 .                                                                  knowledge and technological progress in respect of the
( 3 ) OJ No C 310 , 30 . 11 . 1981 , p . 9 ; OJ No C 103 , 16 . 4 . 1984 ,      majority of wine types ; whereas , it is moreover desirable to
      p . 21 .                                                                 limit the use of all food additives to the minimum necessary ;
( 4 ) OJ No L 54 , 5 . 3 . 1979 , p. 1 .                                       whereas a reduction in maximum total sulphur dioxide levels
( s ) OJ No L 89 , 29 . 3 . 1985 , p. 1 .                                       of 15 milligrams per litre should therefore be introduced for
 ---pagebreak--- No L 320 / 2                                   Official Journal of the European Communities                                       29 . 11 . 85
all wines with the exception of certain wines with special                 3 . Article 34 shall be replaced by the following:
characteristics and of sparkling wines , the latter products
being subject to corresponding measures under Regulation                        'Article 34
( EEC ) No 3310 / 85 I 1 );
                                                                               1.       Fresh grapes , grape must , grape must in
                                                                               fermentation , new wine still in fermentation and wine
Whereas Article 51 of Regulation (EEC) No 337 / 79 lays                        may be subject to :
down the principle that products which have undergone
oenological practices not allowed in the Community may not                     — partial deacidification in wine-growing zones A , B ,
be offered or disposed of for direct human consumption ;                             C I ( a ) and C I ( b );
                                                                               — acidification and deacidification in wine-growing
Whereas systematic exclusion from disposal for con­                                  zones C II and C III ( a ), without prejudice to the
sumption is justified only in cases where the quality of the                        provisions of paragraph 3 ;
wine is in jeopardy or where the consumer's health is a risk ;                 — acidification in wine-growing zone C III ( b ).
whereas provision should , however , be made for the
adoption of appropriate measures in other cases ;                              Acidification of products other than the wine referred
                                                                               to in the first subparagraph may only be carried out up
                                                                               to a limit of 1,50 g / 1 expressed in tartaric acid , or 20
Whereas after a period of rapid change in technology and in                    milliequivalents per litre .
methods of analysis , enough is now known about rectified
concentrated must for it to be defined more closely ; whereas ,                Acidification of wines may only be carried out up to a
in addition , provision should be made for the possibility for                 limit of 2,50 g / 1 expressed in tartaric acid , or 33,3
the Council , acting on a proposal from the Commission by a                    millieuquivalents per litre .
qualified majority , to amend , if necessary , the definition of               Deacidification of wines may only be carried out up to a
the product in question on the basis of the development of the                 limit of 1 g / 1 expressed in tartaric acid , or 13,3
abovementioned knowledge ;                                                     milliequivalents per litre .
                                                                               Moreover , grape must intended for concentration may
Whereas in order to ensure the development of consumption                      be the subject of partial deacidification .
of semisparkling wines and aerated semi-sparkling wines in
new forms of distribution , marketing of those wines should                    2.       In years when climatic conditions have been
be authorized in containers holding not more than 60                           exceptional , Member States may authorize
litres .                                                                       acidification of the products referred to in paragraph 1
                                                                               in wine-growing zones C I ( a ) and C I ( b ), under the
                                                                               conditions referred to in paragraph 1 as regards zones
                                                                               C II , C III ( a ) and C III ( b );
HAS ADOPTED THIS REGULATION :
                                                                               3.       Acidification and enrichment , except by way of
                                                                               derogation to be decided case by case , and acidification
                                Article 1                                      and deacidification of one and the same product shall be
                                                                               mutually exclusive processes .
Regulation ( EEC ) No 337 / 79 shall be amended as                             4.       The derogations referred to in paragraph 3 and
follows :
                                                                               other detailed rules for the application of this Article
                                                                               shall be adopted in accordance with the procedure laid
  1 . Article 1 ( 4 ) ( c ) shall be replaced by the following:                down in Article 67 .';
         '(c) Definitions of the products set out in the second
               indent of ( b ) originating in third countries , with       4.  Article 36 shall be amended as follows :
               the exception of table wine and wine suitable for
               yielding table wine and any amendment to the                    ( a ) the first subparagraph shall be replaced by the
               definition of rectified concentrated grape must                        following:
               referred to in Annex II point 5a , shall be adopted                    '1 .     None of the processes referred to in Articles
               by the Council , acting by a qualified majority on a                   33 and 34 , with the exception of the acidification
               proposal from the Commission .'                                        and deacidification of wines , shall be authorized
                                                                                      unless carried out as a single operation at the time
                                                                                      when the fresh grapes , grape must , partially
  2 . Article 31 ( 3 ) ( b ) shall be replaced by the following :                     fermented grape must or new wine still in
                                                                                      fermentation are being turned into wine suitable
        '( b ) vine varieties classified as temporarily authorized                    for yielding table wine , into table wine , or into any
               after 31 December 1976 , must be completed                             other beverage intended for direct human
               within twenty five years from the date on which                        consumption referred to in Article 1 ( 2 ) other than
               the variety was thus classified .';                                    sparkling wine or aerated sparkling wine , in the
                                                                                      wine-growing zone where the fresh grapes used
(') See page 19 of this Official Journal .                                            were harvested .
 ---pagebreak--- 29 . 11 . 85                                Official Journal of the European Communities                                    No L 320 / 3
            The same shall apply to the concentration ,                            groups referred to in paragraph 4 , having made
            acidification and deacidification of wine suitable                     wine shall be required to deliver for distillation all
            for yielding table wines .                                             the by-products of the winemaking and , if
                                                                                   necessary , wine from his or their own
            The concentration of table wines must take place
                                                                                   production .
            in the wine-growing zone where the fresh grapes
            used were harvested .                                                  The quantity of alcohol contained in the products
                                                                                   delivered for distillation shall be at least equal to a
            Acidification and deacidification of wines may                        percentage to be determined of the volume of
            take place only in the wine making undertaking                         alcohol contained in the wine produced . The
            and in the wine-growing zone where the grapes                          assessment of that volume shall be made on the
            used to produce the wine in question were                              basis of a standard natural minimum alcoholic
            harvested .
                                                                                   strength by volume laid down for each
            Each of the processes referred to in the first                         wine-growing year in each wine-growing zone .';
            subparagraph must be notified to the competent
            authorities . The same shall apply in respect of the            ( c ) the following shall be added to paragraph 3 :
            quantities of sucrose or concentrated grape must or                   'Grape marc and wine lees delivered for distillation
            rectified concentrated grape must held in the                         must meet certain minimum standards to be
            exercise of their profession by natural or legal                      determined . Where the standards are not met , the
            persons or groups of persons , in particular                          marc and lees shall , by way of derogation from the
            producers , bottlers , processors and merchants to                    first subparagraph , be disposed of by delivery to a
            be determined , at the same time and in the same
                                                                                  processing establishment other than a distillery or
            place as fresh grapes , grape must , grape must in                    by destruction under supervision .';
            fermentation or wine in bulk . The notification of
            these quantities may , however , be replaced by                 ( d ) paragraph 8 shall be replaced by the following :
            entry in a goods inwards and stock utilization
            register .                                                             '8 .     The amount of aid , the prices and the
                                                                                   proportion of expenditure referred to in paragraph
            Each of the processes referred to in Article 34 must                   7 shall be fixed in accordance with the procedure
            be recorded on the document referred to in Article
                                                                                   laid down in Article 67 .
            53 under cover of which the products having
            undergone the processes are put into                                   Detailed rules for the application of this Article ,
            circulation .';                                                        the standard natural alcoholic strength by volume
                                                                                   referred to in paragraph 2 and the minimum
      ( b ) Paragraph 2 shall be replaced by the following:                        standards to be met by marc and lees referred to in
                                                                                   paragraph 3 shall be adopted in accordance with
            '2 .    Those processes may , subject to derogation                    the same procedure .';
            justified by exceptional climatic conditions , only
            be carried out :
            — before 1 January , in wine-growing zones C ,              6. Article 44 shall be amended as follows :
            — before 16 March , in wine-growing zones A                     ( a ) Paragraph 1 ( a ) and ( b ) shall be replaced by the
                 and B ,                                                          following :
            and only for products of the wine harvest                             '( a ) 160 milligrams per litre for red wines ;
            immediately preceding those dates .
                                                                                    ( b ) 210 milligrams per litre for white and rose
            However , concentration by cooling and                                        wines';
            acidification and deacidification of wines may be
            practised throughout the year ,';                               ( b ) Paragraph 2 ( a ) shall be replaced by the
                                                                                  following:
 5.   Article 39 shall be amended as follows :                                     '( a ) 210 milligrams per litre for red wines ; 260
                                                                                          milligrams per litre for white and rose
                                                                                          wines ;';
      ( a ) in paragraph 1 , the following subparagraph shall
            be inserted after the first subparagraph :
                                                                           ( c ) In paragraph 4 , the figure 25 shall be replaced by
            'Filtering and centrifuging of wine lees shall not be                 the figure 40 ;
            considered as pressing where , firstly , the products
            obtained are of sound , genuine and merchantable               ( d ) Paragraph 5 shall be replaced by the following :
            quality and , secondly , the lees are not reduced to
                                                                                  '5 .      The     Commission  shall   submit    to   the
            the dry state .';
                                                                                   Council before 1 April 1990 , in the light of the
      ( b ) in paragraph 2 the first and second subparagraphs
                                                                                  experience acquired , a report on the maximum
            shall be replaced by the following :                                   sulphur dioxide levels in wine , accompanied ,
                                                                                  where appropriate , by proposals on which the
            '2 .    Any natural or legal person or group of                        Council shall act by a qualified majority before
            persons , with the exception of the persons and                        1 September 1990 .';
 ---pagebreak--- No L 320 / 4                                  Official Journal of the European Communities                                        29 . 11 . 85
    ( e ; Paragraph 6 shall be replaced by the following :                           Member States may authorize the use , as referred
                                                                                     to in point 2 (x) of Annex III , of copper sulphate
          '6 .        Detailed rules for the application of this                     for the purpose of eliminating defects in the taste or
          Article , the decision referred to in paragraph 4 , and                    smell of wine in production regions where copper
          transitional measures concerning wines originating                         sulphate has not been used for the treatment of the
          in the Community produced before 1 September                               vines .
          1986 and imported wines shall be adopted in
          accordance with the procedure laid down in Article                         The use of silver chloride and copper sulphate for
          67 .';                                                                     one and the same wine shall be prohibited .';
                                                                              ( b ) the following indent shall be inserted in paragraph
                                                                                     6 after the first indent :
 7. Article 46 shall be amended as follows :
                                                                                     '— the conditions under which Member States
    ( a ) Paragraph 3 shall be replaced by the following :                                may permit in respect of wine produced on
                                                                                          their territory the use , until a date to be fixed ,
          '3 .        The use of calcium tartrate or tartaric acid is
                                                                                          of malic acid for acidification purposes ,';
          referred to in Annex III ( 1 ) ( m ) and ( 2 ) (1 ) for
          deacidification purposes shall be permitted until
          31 August 1990 and , with regard to tartaric acid ,
          solely in the case of products :                                8 . Article 49 ( 2 ) ( b ) shall be replaced by the following:
          — made from vine varieties which yield relatively                   '( b ) where the variety in question has been classified as
                 acidic grapes ,                                                      temporarily authorized after 31 December 1976 ,
                                                                                      for a period of twenty-five years from the date on
                 and                                                                  which the variety was so classified .';
          — made from grapes harvested in certain
                 wine-growing regions , to be defined , in the
                 northern part of wine-growing zone A.                    9.  Article 51 shall be amended as follows :
          The use of Aleppo pine resin referred to in Annex                   ( a ) the first subparagraph of paragraph 1 shall be
          III ( 1 ) ( n ) shall be allowed only for the purpose of                   replaced by the following:
          obtaining a 'retsina' table wine . This oenological
          practice may be carried out only :                                         '1 .    Unless otherwise decided by the Council
                                                                                     acting by qualified majority on a proposal from the
          — in the geographical territory of the Hellenic                            Commission , products falling within headings
                 Republic ,                                                          22.04 and 22.05 of the Common Customs Tariff,
          — on a grape must produced from grapes for                                 whether imported or not , which have undergone
                 which the varieties , the production area and                       oenological practices not allowed by Community
                 the wine-making area have been determined by                        rules or , where such rules do not exist , by national
                 the Greek provisions in force on 31 December                        rules , may not be offered or disposed of for direct
                 1980 ,                                                              human consumption .';
          — by adding a quantity of resin equal to or less                    ( b ) the following subparagraph shall be added to
                 than 1 000 grams per hectolitre of the product                      paragraph 2 :
                 used ,                                                              'The conditions under which Member States may
          — before fermentation or , provided that the                               authorize the holding, circulation and use of
                 actual alcoholic strength by volume does not                        products not complying with the provisions of this
                 exceed one-third of the total alcoholic strength                    Regulation , other than those referred to in the first
                 by volume , during fermentation .                                   subparagraph of paragraph 1 , or with provisions
                                                                                     adopted pursuant to this Regulation , shall be
           If the Hellenic Republic intends to amend , after 31                      adopted in accordance with the same
           December 1980 , provisions referred to in the                             procedure .';
           second subparagraph , second indent , it shall
           inform the Commission accordingly . In this case it
           may be decided , in accordance with the procedure             10 . Annex II shall be amended as follows :
           referred to in Article 67 , to change that date .
                                                                              ( a ) Point 5a shall be replaced by the following :
           In the case of the treatments referred to in
          paragraph 2 ( p ) of Annex III , Member States may                         '5a . Rectified concentrated grape must , the liquid
           decide that calcium phitate is to be used instead of                            uncaramelized product which :
           potassium ferrocyanide in all red wines produced
           in their territory .                                                            — is obtained by partial dehydration of
                                                                                                grape must carried out by any authorized
           The use of sodium alginate referred to in Annex III                                  method other than direct heat in such a
           ( 2 ) ( t ) for the manufacture of certain sparkling                                 way that the figure indicated by a
           wines shall be permitted until 31 August 1990 .                                      refractometer ( used in accordance with
 ---pagebreak--- 29 . 11 . 85                                Official Journal of the European Communities                                         No L 320 / 5
                     the method prescribed in Annex III to                  ( b ) in points 15 and 16 , the last indent shall be
                     Regulation ( EEC,) No 516 / 77 ) at a                         replaced by the following :
                     temperature of 20° C is not less than
                     70,5% ; Member States may , however ,                         '— is put up in containers of not more than 60
                     allow a different figure for products used                          litres .';
                     within their territory , provided it is not
                     lower than 51,9% ;
                                                                            ( c) Point 18 shall be replaced by the following :
                 — has undergone authorized treatment for
                     deacidification     and    elimination      of               '1 8 . Wine lees : the residue accumulating in vessels
                     constituents other than sugar ;                                      containing wine after fermentation , during
                                                                                          storage or after authorized processing , and
                 — has the following characteristics :                                    the residue obtained from filtering or
                                                                                          centrifuging this product .
                     — a pH of not more than 5 ,
                                                                                          The following shall also be considered as
                     — an optical density at 425 nm for a                                 wine lees :
                         thickness of 1 cm of not more than
                         0,100 ,                                                          — the residue accumulating in vessels
                     — a sucrose content undetectable by a                                     containing grape must during storage or
                         method of analysis to be definied ,                                   after authorized processing ;
                     — an ethanol content of not more than                                — the residue obtained from filtering or
                         0,5 g / kg of total sugars ,                                          centrifuging this product .';
                     — a total nitrogen content of not more
                         than 100 mg / kg of total sugars ,                 ( d ) Point 19 shall be replaced by the following:
                     — a Folin-Ciocalteau index of not more                        ' 19 . Grape marc: the residue from the pressing of
                         than 400 ,                                                       fresh grapes , whether or not fermented .';
                     — a titratable acidity of not more than 1 0
                         milliequivalents / kg of total sugars ,            ( e ) In point 21 the maximum volatile acidity of
                                                                                  2,40 g / 1 shall be replaced by 1,50 g / 1 ;
                     — a sulphur dioxide content of not more
                         than 25 mg / kg of total sugars ,
                     — a sulphate content of not more than 2
                         milliequivalents / kg of total sugars ,       11 . Annex III shall be amended as follows :
                     — a chloride content of not more than 1
                         milliequivalents / kg of total sugars ,            ( a ) Points 1 ( d ) and 2 ( e ) shall be replaced by the
                                                                                  following , preceded by '( d )' and '( e )'
                     — a phosphate content of not more than                       respectively :
                         1 milliequivalent / kg of total sugars ,
                                                                                  'use of carbon dioxide , or argon or nitrogen either
                     — a total cation content of not more
                                                                                  alone or combined , in order solely to create an
                         than 8 milliequivalents / kg of total                    inert atmosphere and to treat the product shielded
                         sugars ,                                                 from the air;';
                     — a conductivity at 25° Brix and 20° C
                         of not more than 50(J,S / cm ,                     ( b ) Point 1 ( f) shall be replaced by the following :
                     — a hydroxymethylfurfural content of
                                                                                  '( f) use of one or more of the following practices
                         not more than 25 mg / kg of total
                                                                                         to encourage the growth of yeasts :
                         sugars ,
                                                                                         — addition of:
                 — is derived exclusively from the vine
                     varieties referred to in Article 49 ,
                                                                                              — diammonium phosphate or ammo­
                 — is produced within the Community ,                                               nium sulphate up to 0,3 g / 1 ;
                 — is obtained from grape must having at                                      — ammonium sulphite or ammonium
                     least  the   minimum     natural   alcoholic                                   bisulphite up to 0,2 g / 1 ;
                     strength by volume laid down for the
                     wine-growing zone in which the grapes                               These products may also be used together up
                     were harvested .                                                    to a total of 0,3 g / 1 , without prejudice to the
                                                                                         abovementioned limit of 0,2 g / 1 ;
           An actual alcoholic strength of the concentrated
           rectified grape must of not more than 1 % vol shall                           — addition of thiamin hydrochloride up to
           be permissible .';                                                                 0,6 mg / 1 expressed as thiamin ;';
 ---pagebreak--- No L 320 / 6                                  Official Journal of the European Communities                                      29 . 11 . 85
     ( c) in point 1 ( j ) and point 2 ( m ) the words in brackets                           — of malic acid          under the conditions
            in the fourth indent shall be deleted ;                                               adopted pursuant to the second indent of
                                                                                                  Article 46 ( 6 );';
    ( d ) Points 1 ( m) and 2 (1 ) shall be replaced by the
            following , preceded by '( m )' and '(1 )'                         ( g ) The following point 2 ( t ) shall be inserted :
            respectively :                                                           '( t ) use , for the manufacture of sparkling wines
                                                                                            obtained by fermentation in bottle and with
            'use of one or more of the following substances for                             the lees separated by disgorging :
            deacidification purposes under the conditions laid
            down in Articles 34 and 36 :                                                    — of calcium alginate ,
                                                                                                or
            — neutral potassium tartrate ,
                                                                                            — of potassium alginate ,
            — potassium bicarbonate,                                                            or
            — calcium carbonate , which may contain small                                   — of sodium alginate under the conditions
                  quantities of the double calcium salt of L( + )                               laid down in the fifth subparagraph of
                  tartaric and L( - ) malic acids ,                                             Article 46 ( 3 );';
            — calcium tartrate or tartaric acid , under the                    ( h ) Point 2 ( u ) shall be deleted .
                  conditions laid down in the first subparagraph
                  of Article 46 ( 3 );';
                                                                                                         Article 2
    ( e ) Point 2 ( b ) shall be replaced by the following:
           '( b ) aeration      or  bubbling    using   argon   or       This Regulation shall enter into force on the day of its
                   nitrogen ;';                                          publication in the Official Journal of the European
                                                                         Communities .
      ( f) Point 2 ( k ) shall be replaced by the following :            It shall apply with effect from 1 September 1986 , with the
            '( k ) the use for acidification purposes under the          exception of:
                   conditions referred to in Articles 34 and
                    36 :
                                                                         — points 3,4,7 and 1 1 of Article 1 , which shall apply with
                                                                             effect from 1 September 1985 .
                   — of tartaric acid ,
                                                                         — point 10 ( a ) of Article 1 which shall apply from 1
                         or                                                  September 1987 .
                     This Regulation shall be binding in its entirety and directly applicable in all Member
                      States .
                     Done at Brussels , 18 November 1985 .
                                                                                                     For the Council
                                                                                                      The President
                                                                                                     M. FISCHBACH