13.4.2012 EN Official Journal of the European Union L 103/38
COMMISSION IMPLEMENTING REGULATION (EU) No 315/2012
of 12 April 2012
amending Regulation (EC) No 606/2009 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
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (‘Single CMO Regulation’) (1), and in particular the third and fourth paragraphs of Article 121 thereof,
Whereas:
(1) In accordance with Article 3 of Commission Regulation (EC) No 606/2009 (2), the authorised oenological practices are laid down in Annex I to that Regulation. The International Organisation of Vine and Wine (OIV) has amended the conditions of use of certain oenological practices already authorised in the European Union. In order to meet the international standards in this field and to provide EU producers with the same possibilities available to third-country producers, the conditions of use of these oenological practices should be amended in the EU in accordance with the conditions of use defined by the OIV.
(2) Regulation (EC) No 606/2009 authorises the use of polyvinylimidazole/polyvinylpyrrolidone (PVI/PVP) copolymers in order to reduce the copper, iron and heavy metal content, provided that they comply with the requirements of the International Oenological Codex published by the OIV, especially as regards the maximum monomer content. As the OIV has not yet adopted such requirements, and for the sake of legal clarity, this practice should be deleted from Annex I to Regulation (EC) No 606/2009.
(3) Regulation (EC) No 606/2009 authorises the use of chitosan and chitin-glucan of fungoid origin. At present in the EU, these products are only prepared from the Aspergillus niger mushroom. As the OIV authorises these products and the International Oenological Codex published by the OIV specifies that they derive from the Aspergillus niger mushroom, this information should be included in Regulation (EC) No 606/2009.
(4) Wines entitled to the protected designation of origin ‘Douro’ and the protected geographical indication ‘Duriense’ followed by the statement ‘colheita tardia’ derogate from the maximum sulphur dioxide content. Portugal has requested that all Portuguese wines that have the same characteristics as these wines and are entitled to a protected designation of origin or a protected geographical indication followed by the statement ‘colheita tardia’ be granted this derogation. A maximum sulphur dioxide content of 400 milligrams per litre should be authorised for these wines.
(5) As the traditional specific term ‘vino generoso’ no longer applies solely to liqueur wines, the provision on the use of this term referred to in point 8 of Part B of Annex III to Regulation (EC) No 606/2009 should be adapted.
(6) Regulation (EC) No 606/2009 should be amended accordingly.
(7) The measures provided for in this Regulation are in accordance with the opinion of the Regulatory Committee established by Article 195(3) of Regulation (EC) No 1234/2007,
Regulation (EC) No 606/2009 is amended as follows:
(a) Annex I A is amended in accordance with Annex I to this Regulation;
(b) Annex I B is amended in accordance with Annex II to this Regulation;
(c) Annex III is amended in accordance with Annex III to this Regulation.
This Regulation shall enter into force on the third 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.