CELEX: 
Language: en
Date: 2016-09-23
Title: COMMISSION DELEGATED REGULATION (EU) …/... supplementing Regulation (EU) No 251/2014 of the European Parliament and of the Council as regards the authorised production processes for obtaining aromatised wine products

EXPLANATORY MEMORANDUM
            
            
               1.CONTEXT OF THE DELEGATED ACT
            
            
               Regulation (EU) No 251/2014 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products empowers the Commission to adopt delegated acts for the establishment of authorised production processes for obtaining aromatised wine products.
            
            
               The purpose of this delegated act is to establish such authorised production processes, taking into account the production processes recommended by the International Organisation of Vine and Wine (OIV).
            
            
               This initiative is not included in the REFIT agenda. However, the proposal has been drafted taking into account the guiding principles of 'better regulation'.
            
            
               2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
            
            
               The legal basis for this delegated act is Regulation (EU) No 251/2014 of the European Parliament and of the Council of 26 February 2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products
                  1
                and in particular Article 4(2) thereof.
            
            
               
                  Member States are responsible for implementing the provisions of that Regulation. However, it is necessary to ensure that the rules on aromatised wines are applied uniformely in all Member States in order to prevent deceptive practices, ensure protection of consumers and avoid unfair competition. Therefore, the Legislator has granted the Commission the power to implement measures, specifically with regard to the production methods authorised for the manufacture of aromatised wine products.
               
            
            
               Actions carried out by Member States on their own would not be sufficient to grant coherent and non-discriminatory provisions. Moreover, the need to comply with specific national rules would create excessive burden for aromatised wine products operators and increase their costs. This would also be detrimental for consumers, who could be misled as regards the composition are nature of the final product.
            
            
               3.EVALUATION, CONSULTATION AND IMPACT ASSESSMENT
            
            
               Consultations, involving experts from all the 28 Member States have been carried out within the Experts Group for Aromatised Wine Products during the meeting held on 30 May and 19 July 2016 where a draft text was presented and agreed. The draft version of the present act was transmitted to the European Parliament and to the Council when convening the Experts Group meetings.
            
            
               In addition, the production processes for aromatised wine products have been discussed in context of the Civil Dialogue Group meetings, during which the Commission has gathered information, opinions and recommendations from the aromatised wine products experts.
            
            
               A consensus exists among Member States and producers of aromatised wine products on the production processes authorised by this delegated act, which have been established by taking into account the production processes recommended and published by the International Organisation of Vine and Wine (OIV). For this reason, the establishment of an impact assessment has not been considered necessary.
            
            
               4.BUDGETARY IMPLICATIONS
            
            
               The proposal will entail no impact on the EU budget.
            
            
               COMMISSION DELEGATED REGULATION (EU) …/...
            
            
               of XXX
            
            
               supplementing Regulation (EU) No 251/2014 of the European Parliament and of the Council as regards the authorised production processes for obtaining aromatised wine products
            
            
               THE EUROPEAN COMMISSION,
            
         
         
            
               Having regard to the Treaty on the Functioning of the European Union,
            
            
               Having regard to Regulation (EU) No 251/2014 of the European Parliament and of the Council of 26 February 2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products
                  2
                and in particular Article 4(2) thereof,
            
            
               Whereas:
            
            
               (1)Aromatised wine products are traditionally produced in the Union, constitute an important sector for producers and consumers and are an important outlet for the Union’s agriculture. Article 4 of Regulation (EU) No 251/2014 lays down the requirements, restrictions and descriptions in accordance to which aromatised wines are to be produced. It also empowers the Commission to adopt a delegated act in order to establish the production processes for obtaining aromatised wine products.
            
            
               (2)In order to attain a high level of consumer protection, prevent deceptive practices and ensure fair competition among producers, clearly defined criteria for the production of aromatised wine products should be set out. Furthermore, in accordance with Article 4 of Regulation (EU) No 251/2014, the Commission is to take into account the production processes recommended and published by the International Organisation of Vine and Wine (OIV).
            
            
               (3)The production processes for aromatised wine products recommended and published by the OIV are included in OIV Resolution OENO 439-2012 and should be used as reference for the establishment of the production processes authorised in the Union. However, it emerges from the consultation of experts of Member States and representatives of the aromatised wine products sector that some of those processes do not fully reflect the traditional production practices of the Union. They should therefore be adapted and completed to better respond to producers needs as regards methods of production and consumer expectations as regards the quality of the products.
            
            
               HAS ADOPTED THIS REGULATION:
            
            
               Article 1
            
            
               Production processes for aromatised wine products
            
            
               The authorised production processes for obtaining aromatised wine products, in accordance with Regulation (EC) No 251/2014, are those listed in the Annex to this Regulation.
            
            
               Article 2
            
            
                Entry into force
            
            
               This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
            
            
               This Regulation shall be binding in its entirety and directly applicable in all Member States.
            
            
               Done at Brussels,
            
            
               
                     For the Commission
               
               
                     The President
                     Jean-Claude JUNCKER
               
            
         
         
            
                  
                     (1)
                  OJ L 84, of 20.3.2014, p. 14
               
               
                  
                     (2)
                  OJ L 84, of 20.3.2014, p. 14
               
            
      
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               List of authorised production processes referred to in 
                  Article 4(2) of Regulation (EC) No 251/2014
            
            
                     
                        No
                     
                  
                  
                     
                        Production Process
                     
                  
                  
                     
                        Purpose
                     
                  
                  
                     
                        Conditions of use
                     
                  
                  
                     
                        Requirements
                     
                  
               
                     
                        1
                     
                  
                  
                     
                        Acidification and deacidification
                     
                  
                  
                     
                        To increase or decrease titration acidity and real acidity (decrease or increase of pH), in order to provide specific organoleptic characteristics and increase stability.
                     
                  
                  
                     
                        Electromembrane treatment
                     
                     
                        Treatment with cation exchangers
                     
                  
                  
                     
                        For the electro-membrane treatment for acidification, the requirements set out in Appendix 14 to Commission Regulation (EC) No 606/2009
                           1
                         apply mutatis mutandis.
                     
                     
                        For the electro-membrane treatment for deacidification, the requirements set out in Appendix 17 to Regulation (EC) No 606/2009 apply mutatis mutandis.
                     
                     
                        For the use of cation exchangers, the requirements set out in Appendix 15 to Regulation (EC) No 606/2009 apply mutatis mutandis. 
                     
                  
               
                     
                        2
                     
                  
                  
                     
                        Filtration and centrifugation
                     
                  
                  
                     
                        To obtain: 
                     
                     
                        transparency of the products 
                     
                     
                        biological stability by the elimination of micro-organisms 
                     
                     
                        chemical stability.
                     
                  
                  
                     
                        Flow of aromatised wines products through filters that trap suspended particles, substances in solution in colloid state.
                     
                     
                        Filtration can be performed with or without inert filtering agent, with organic or mineral membranes, including semi-permeable membranes.
                     
                  
                  
                     
                  
               
                     
                        3
                     
                  
                  
                     
                        Correction of the colour and taste
                     
                  
                  
                     
                        To adjust the colour of the product.
                     
                     
                        To provide specific organoleptic characteristics to the product.
                     
                  
                  
                     
                        Treatment with oenological charcoal.
                     
                     
                        Treatment by polyvinylpolypyrrolidone.
                     
                  
                  
                     
                        Charcoal: maximum 200 g/hl
                     
                     
                        Polyvinylpolypyrrolidone: Maximum 80 g/hl
                     
                  
               
                     
                        4
                     
                  
                  
                     
                        Increase of the alcohol content
                     
                  
                  
                     
                        To increase the alcoholic strength
                     
                  
                  
                     
                        Water removal by: 
                     
                     
                        osubstractive enrichment techniques as reverse osmosis;
                     
                     
                        ocryoconcentration by means of freezing and removal of ice thus formed.
                     
                     
                        Refermentation by the addition of fermentable sugars among those referred to in Annex I(2) to Regulation (EC) No 251/2014 and subsequent fermentation by means of selected yeasts.
                     
                  
                  
                     
                  
               
                     
                        5
                     
                  
                  
                     
                        Decrease of the alcohol content
                     
                  
                  
                     
                        To reduce of the alcoholic strength
                     
                     
                  
                  
                     
                        Separation of ethanol by using physical separation techniques.
                     
                  
                  
                     
                        The aromatized wine products treated must have no organoleptic defaults and must be suitable for direct human consumption.
                     
                     
                        Reduction of alcohol in aromatized wine product cannot be carried out if one of the following operations took place during the preparation of the aromatized wine product:
                     
                     
                        -addition of alcohol
                     
                     
                        -concentration
                     
                     
                        -refermentation
                     
                  
               
                     
                        6
                     
                  
                  
                     
                        Tartaric stabilization
                     
                  
                  
                     
                        To obtain tartaric stability with regard to potassium hydrogen tartrate, calcium tartrate and other calcium salts.
                     
                  
                  
                     
                        Electrodialysis treatment
                     
                     
                        Treatment by cation exchanger, during which the base wine flows through a column filled with polymeric resin reacting as undissolvable polyectrolyte and whose cations can be exchanged with cations of the surrounding environment.
                     
                     
                        Cooling, by keeping products at a reduced temperature
                     
                  
                  
                     
                        For the electrodialysis treatment, the requirements set out in Appendix 7 to Regulation (EC) No 606/2009 apply mutatis mutandis.
                     
                     
                        For the use of cation exchangers, the requirements set out in Appendix 12 to Regulation (EC) No 606/2009 apply mutatis mutandis.
                     
                     
                     
                  
               
                     
                        7
                     
                  
                  
                     
                        Blending
                     
                  
                  
                     
                        To adjust the final organoleptic profile of aromatised wine products
                     
                  
                  
                     
                        Blending of different products of the wine sector, as referred to in points 2(a), 3(a) and 4(a) of Article 3 of Regulation (EU) No 251/2014.
                     
                  
                  
                     
                  
               
                     
                        8
                     
                  
                  
                     
                        Preservation by heat
                     
                  
                  
                     
                        To preserve the product by securing microbiological stability.
                     
                  
                  
                     
                        Heat treatments, including pasteurization. Heating to a temperature necessary to remove yeasts and bacteria.
                     
                  
                  
                     
                  
               
                     
                        9
                     
                  
                  
                     
                        Clarification
                     
                  
                  
                     
                        To remove insoluble components
                     
                  
                  
                     
                        Use of the following processing aids:
                     
                     
                        -edible gelatin
                     
                     
                        -plant proteins from wheat and peas
                     
                     
                        -isinglass
                     
                     
                        -casein and potassium caseinates
                     
                     
                        -egg albumin
                     
                     
                        -bentonite
                     
                     
                        -silicon dioxide as a gel or colloidal solution
                     
                  
                  
                     
                  
               
         
         
            
                  
                     (1)
                  Commission Regulation (EC) No 606/2009 of 10 July 2009 laying down certain detailed rules for implementing Council Regulation (EC) No 479/2008 as regards the categories of grapevine products, oenological practices and the applicable restrictions (OJ L 193 24.7.2009, p. 1).