Council Regulation (EC) No 491/2009 of 25 May 2009 amending Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)

(a)Member States shall introduce laws, regulations or administrative provisions to ensure certification, approval and control procedures so as to guarantee the veracity of the information concerned; (b)Member States may, on the basis of non-discriminatory and objective criteria and with due regard to loyal competition, for wine produced from wine grape varieties on their territory, draw up lists of excluded wine grape varieties, in particular if: (i)there is a risk of confusion for consumers as to the true origin of the wine due to the fact that the given wine grape variety forms an integral part of an existing protected designation of origin or a protected geographical indication; (ii)the relevant controls would not be cost effective due to the fact that the given wine grape variety represents a very small part of the Member State vineyard; (c)mixtures of wines from different Member States shall not give rise to labelling of the wine grape variety or varieties unless the Member States concerned agree otherwise and ensure the feasibility of the relevant certification, approval and control procedures.

Article 118za

Languages

In the case of protected designations of origin or protected geographical indications or national specific designations using a non-Latin alphabet, the name may also appear in one or more official languages of the Community.

Article 118zb

Enforcement The competent authorities of the Member States shall take measures to ensure that a product referred to in Article 118y(1) which is not labelled in conformity with this Section is not placed on, or is withdrawn from, the market.

12.the following Section shall be inserted in Chapter I of Title II of Part II: ‘Section IIa Production rules in the wine sector

Subsection I Wine grape varieties

Article 120a

Classification of wine grape varieties

Only wine grape varieties meeting the following conditions may be classified by Member States: (a)the variety concerned belongs to the Vitis vinifera or comes from a cross between the species Vitis vinifera and other species of the genus Vitis; (b)the variety is not one of the following: Noah, Othello, Isabelle, Jacquez, Clinton and Herbemont. Where a wine grape variety is deleted from the classification referred to in the first subparagraph, grubbing-up of this variety shall take place within 15 years of its deletion.

However, also in the Member States referred to in the first subparagraph, only wine grape varieties complying with paragraph 2(a) and (b) may be planted, replanted or grafted for the purpose of wine production.

(a)wine grape varieties which are not classified as far as Member States referred to in paragraph 2 are concerned; (b)wine grape varieties which do not comply with paragraph 2(a) and (b) as far as Member States referred to in paragraph 3 are concerned.

However, there shall be no obligation to grub up such areas where the relevant production is intended exclusively for consumption by the wine-producers’ households.

Subsection II Oenological practices and restrictions

Article 120b

Scope This Subsection concerns the authorised oenological practices and the applicable restrictions applying to the production and commercialisation of products of the wine sector as well as the procedure for deciding on those practices and restrictions.

Article 120c

Oenological practices and restrictions

The first subparagraph shall not apply to: (a)grape juice and concentrated grape juice; (b)grape must and concentrated grape must intended for the preparation of grape juice.

Article 120d

Stricter rules decided by Member States Member States may limit or exclude the use of certain oenological practices and provide for more stringent restrictions for wines authorised under Community law produced in their territory with a view to reinforcing the preservation of the essential characteristics of wines with a protected designation of origin or a protected geographical indication and of sparkling wines and liqueur wines. Member States shall communicate those limitations, exclusions and restrictions to the Commission, which shall bring them to the attention of the other Member States.

Article 120e

Authorisation of oenological practices and restrictions

Article 120f

Authorisation criteria When authorising oenological practices in accordance with the procedure referred to in Article 195(4), the Commission shall: (a)base itself on the oenological practices recommended and published by the International Organisation of Vine and Wine (OIV) as well as on the results of experimental use of as yet unauthorised oenological practices; (b)take into account the protection of human health; (c)take into account the possible risk of consumers being misled due to their established expectations and perceptions, having regard to the availability and feasibility of informational means to exclude such risks; (d)allow the preservation of the natural and essential characteristics of the wine and not cause a substantial change in the composition of the product concerned; (e)ensure an acceptable minimum level of environmental care; (f)respect the general rules concerning oenological practices and restrictions laid down in Annexes XVa and XVb respectively.

Article 120g

Methods of analysis The methods of analysis for determining the composition of the products of the wine sector and the rules whereby it may be established whether these products have undergone processes contrary to the authorised oenological practices shall be those recommended and published by the OIV. Where there are no methods and rules recommended and published by the OIV, corresponding methods and rules shall be adopted by the Commission in accordance with the procedure referred to in Article 195(4). Pending the adoption of such rules, the methods and rules to be used shall be the ones allowed by the Member State concerned.’;

13.Article 121 shall be amended as follows: (a)the following points shall be added to the first paragraph: ‘(k)the rules concerning the designation of origin and geographical indications referred to in Subsection I of Section Ia, in particular derogations from the applicability of the rules and requirements laid down in that Subsection: (i)in so far as pending applications for protection of designations of origin or geographical indications are concerned; (ii)in so far as the production of certain wines with a protected designation of origin or a protected geographical indication in a geographical area in proximity of the geographical area where the grapes originate is concerned; (iii)in so far as traditional production practices of certain wines with a protected designation of origin are concerned; (l)the rules concerning traditional terms referred to in Subsection II of Section Ia in particular concerning: (i)the procedure conferring protection; (ii)the specific level of protection; (m)the rules concerning labelling and presentation referred to in Section Ib, in particular: (i)details on the indication of provenance of the relevant product; (ii)the terms of use of the optional particulars listed in Article 118z; (iii)specific requirements relating to the indications concerning the vintage year and the wine grape variety displayed on labels as referred to in Article 118z(2); (iv)further derogations in addition to those referred to in Article 118y(2) which provide that the reference to the category of the grapevine product may be omitted; (v)rules concerning protection to be conferred in relation to the presentation of a given product.’; (b)the following paragraphs shall be added: ‘The measures necessary for the implementation of the provisions concerning oenological practices and restrictions laid down in Subsection II of Section IIa and Annexes XVa and XVb, save as otherwise provided in those Annexes, shall be adopted by the Commission in accordance with the procedure referred to in Article 195(4). The measures referred to in the third paragraph may include, in particular: (a)provisions to the effect that the Community oenological practices listed in Annex IV to Regulation (EC) No 1493/1999 are considered authorised oenological practices; (b)authorised oenological practices and restrictions, including enrichment, acidification and de-acidification concerning sparkling wines, quality sparkling wines and quality aromatic sparkling wines; (c)authorised oenological practices and restrictions concerning liqueur wines; (d)subject to point C of Annex XVb, provisions regulating the blending and coupage of musts and wines; (e)where Community rules on that matter do not exist, the purity and identification, specification of substances used in oenological practices; (f)administrative rules for carrying out the oenological practices authorised; (g)the conditions governing the holding, circulation and use of products not complying with Article 120c and possible exemptions from the requirements of that Article, as well as the establishment of criteria for the purpose of avoiding hardship in individual cases; (h)the conditions under which Member States may authorise the holding, circulation and use of products not complying with Subsection II of Section IIa other than Article 120c, or with provisions implementing that Subsection.’;

14.the following paragraphs shall be added to Article 122: ‘Member States may, as regards the wine sector, recognise producer organisations under the same conditions as those set out in points (b) and (c) of the first paragraph and which apply rules of association which require their members, in particular, to: (a)apply the rules adopted by the producer organisation relating to production reporting, production, marketing and protection of the environment; (b)provide the information requested by the producer organisation for statistical purposes, in particular on growing areas and market evolution; (c)pay penalties for infringement of obligations under the rules of association. The following specific aims within the meaning of point (c) of the first paragraph may be pursued, in particular, in the wine sector: (a)promoting and providing technical assistance for the use of environmentally sound cultivation practices and production techniques; (b)promoting initiatives for the management of by-products of wine making and the management of waste in particular to protect the quality of water, soil and landscape and preserving or encouraging biodiversity; (c)carrying out research into sustainable production methods and market developments; (d)contributing to the achievement of support programmes as referred to in Section IVb of Chapter IV of Title I of Part II.’;

15.Article 123(3) shall be amended as follows: (a)the introductory words and points (a) and (b) shall be replaced by the following: ‘Further to paragraph 1, Member States shall, with regard to the fruit and vegetables sector, and may, with regard to the wine sector, also recognise inter-branch organisations which: (a)are made up of representatives of economic activities linked to the production of, trade in, or processing of the products of the sectors referred to in the introductory words; (b)are formed on the initiative of all or some of the representatives referred to in point (a);’; (b)point (c) shall be amended as follows: (i)the introductory words shall be replaced by the following: ‘carry out one, and in the case of the fruit and vegetables sector, two or more, of the following activities in one or more regions of the Community, taking into account the interests of consumers, and, without prejudice to other sectors, in the wine sector taking into account public health and the interests of consumers:’; (ii)point (ii) shall be replaced by the following: ‘(ii)helping to coordinate better the way the products of the fruit and vegetables and the wine sectors are placed on the market, in particular by means of research and market studies;’; (iii)point (iv) shall be replaced by the following: ‘(iv)exploiting to a fuller extent the potential of the fruit and vegetables produced, and the potential of production in the wine sector;’; (iv)points (vii) and (viii) shall be replaced by the following: ‘(vii)developing methods and instruments for improving product quality at all stages of production and marketing and, as regards the wine sector, also vinification; (viii)exploiting the potential of organic farming and protecting and promoting such farming as well as designations of origin, quality labels and geographical indications;’; (v)point (x) shall be replaced by the following: ‘(x)with regard to the fruit and vegetables sector, laying down rules, as regards the production and marketing rules referred to in points 2 and 3 of Annex XVIa, which are stricter than Community or national rules;’; (vi)the following point shall be added: ‘(xi)with regard to the wine sector: —providing information on particular characteristics of wine with a protected designation of origin or a protected geographical indication, —encouraging moderate and responsible consumption of wine and informing on the harm linked to hazardous consumption patterns, —carrying out promotion actions for wine, especially in third countries.’;

16.the following Section shall be inserted in Chapter II of Title II of Part II: ‘Section Ib Rules concerning producer and inter-branch organisations in the wine sector

Article 125o

Recognition

(a)as regards producer organisations: (i)meets the requirements laid down in Article 122; (ii)has a minimum number of members, to be laid down by the Member State concerned; (iii)covers a minimum volume of marketable production, to be laid down by the Member State concerned, in the area where the organisation operates; (iv)can carry out its activities properly, both over time and in terms of effectiveness and concentration of supply; (v)effectively enables its members to obtain technical assistance in using environmentally sound cultivation practices; (b)as regards inter-branch organisations: (i)meets the requirements laid down in Article 123(3); (ii)carries out its activities in one or more regions in the territory concerned; (iii)represents a significant share of the production of, or trade in, products covered by this Regulation; (iv)does not engage in the production, processing or marketing of products of the wine sector.

Organisations meeting the criteria set out in Article 123(3) and of paragraph (1)(b) of this Article, which have been recognised by Member States, shall be considered as recognised interbranch organisations under those provisions.

(a)the periods referred to in Articles 125b(2)(a) and 125k(3)(c) respectively shall be four months; (b)the applications for recognition referred to in Articles 125b(2)(a) and 125k(3)(c) shall be lodged with the Member State where the organisation has its headquarters; (c)the annual notifications referred to in Articles 125b(2)(c) and 125k(3)(d) respectively shall be made by 1 March each year.’;

17.in Article 129, the second sentence shall be replaced by the following: ‘The tariff nomenclature resulting from the application of this Regulation, including, as the case may be, the definitions in Annex III and Annex XIb shall be included in the Common Customs Tariff.’;

18.the following point shall be inserted in Article 130(1): ‘(ga)wine;’;

19.the following Article shall be inserted: ‘Article 133a Special security in the wine sector

Should the declared entry price of the consignment be higher than the flat-rate import value, if such applies, increased by a margin adopted by the Commission that may not exceed the flat-rate value by more than 10 %, a security must be lodged equal to the import duties determined on the basis of the flat-rate import value. If the entry price of the consignment is not declared, the application of Common Customs Tariff shall be dependent on the flat-rate import value or on the application, under conditions to be determined by the Commission, of the relevant provisions of customs legislation.

20.in Article 141(1), the introductory words shall be replaced by the following: ‘An additional import duty shall apply to imports, subject to the rate of duty laid down in Articles 135 to 140a of one or more products of the cereals, rice, sugar, fruit and vegetables, processed fruit and vegetables, beef and veal, milk and milk products, pig meat, sheep meat and goat meat, eggs, poultry and bananas sectors, as well as of grape juice and grape must, in order to prevent or counteract adverse effects on the Community market which may result from those imports, if:’;

21.the following Subsection shall be added to Section IV of Chapter II of Part III: ‘Subsection V Special provisions for imports of wine

Article 158a

Special import requirements for wine

(a)a certificate evincing compliance with the provisions referred to in paragraphs 1 and 2, to be drawn up by a competent body, included on a list to be made public by the Commission, in the product’s country of origin; (b)an analysis report drawn up by a body or department designated by the product’s country of origin, in so far as the product is intended for direct human consumption.

22.the first subparagraph of Article 160(1) shall be replaced by the following: ‘Where the Community market is disturbed or is liable to be disturbed by inward processing arrangements, the Commission may, at the request of a Member State or on its own initiative, fully or partially suspend the use of inward processing arrangements for the products of the cereals, rice, sugar, olive oil and table olives, fruit and vegetables, processed fruit and vegetables, wine, beef and veal, milk and milk products, pigmeat, sheepmeat and goatmeat, eggs, poultrymeat and agricultural ethyl alcohol sectors. If the Commission receives a request from a Member State, it shall take a decision thereon within five working days following receipt of the request.’;

23.the following point shall be inserted in Article 161(1): ‘(dc)wine;’;

24.the first subparagraph of Article 174(1) shall be replaced by the following: ‘Where the Community market is disturbed or is liable to be disturbed by outward processing arrangements, the Commission may, at the request of a Member State or on its own initiative, fully or partially suspend the use of outward processing arrangements for the products of the cereals, rice, fruit and vegetables, processed fruit and vegetables, wine, beef and veal, pigmeat, sheepmeat and goatmeat and poultrymeat sectors. If the Commission receives a request from a Member State, it shall take a decision thereon within five working days following receipt of the request.’;

25.Article 175 shall be replaced by the following: ‘Article 175 Application of Articles 81 to 86 of the Treaty Save as otherwise provided for in this Regulation, Articles 81 to 86 of the Treaty and implementation provisions thereof shall, subject to Articles 176 to 177 of this Regulation, apply to all agreements, decisions and practices referred to in Articles 81(1) and 82 of the Treaty which relate to the production of, or trade in, the products covered by this Regulation.’;

26.Article 180 shall be replaced by the following: ‘Article 180 Application of Articles 87, 88 and 89 of the Treaty Articles 87, 88 and 89 of the Treaty shall apply to the production of, and trade in, the products referred to in Article 1. However, Articles 87, 88 and 89 of the Treaty shall not apply to payments made under Articles 44 to 48, 102, 102a, 103, 103a, 103b, 103e, 103ga, 104, 105, 182 and 182a, Subsection III of Section IVa of Chapter III of Title I of Part II and Section IVb of Chapter IV of Title I of Part II of this Regulation by Member States in conformity with this Regulation. Nevertheless, with regard to Article 103n(4) only Article 88 of the Treaty shall not apply.’;

27.the following Article shall be added to Chapter II of Part IV: ‘Article 182a National aid for distillation of wine in cases of crisis

28.the following points shall be added to Article 184: ‘7.to the European Parliament and the Council by 31 December 2011 on the implementation of the promotion measures in the wine sector referred to in Article 103p; 8.by the end of 2012 concerning the wine sector, in particular taking into account the experience gained with the implementation of the reform.’;

29.the following Articles shall be inserted: ‘Article 185a Vineyard register and inventory

Any time after 1 January 2016, the Commission may decide that paragraphs 1 to 3 no longer apply.

Article 185b

Compulsory declarations in the wine sector

Article 185c

Accompanying documents and register in the wine sector

Article 185d

Designation of responsible national authorities for the wine sector

30.the following Article shall be inserted: ‘Article 188a Reporting and evaluation in the wine sector

(a)the areas planted with vines without a corresponding planting right before 1 September 1998; (b)the areas regularised in accordance with paragraph 1 of that Article, the fees as provided for in that paragraph as well as the average value of the regional planting rights as provided for in paragraph 2 of that Article. Member States shall, for the first time by 1 March 2010, communicate to the Commission the areas grubbed up in accordance with the first subparagraph of Article 85b(4). The end of the transitional ban on new plantings on 31 December 2015 as provided for in Article 85g(1), shall not affect the obligations provided for in this paragraph.

For the preceding wine year, Member States shall notify the Commission by 1 December each year of: (a)the areas grubbed up, split by regions and by yield ranges; (b)the total amount of grubbing-up premiums paid by region.

(a)the areas declared ineligible; (b)the justification for ineligibility in accordance with Article 85u(4) and (5).

Those reports shall list and describe the measures for which Community assistance under the support programmes was granted and shall, in particular, provide details on the implementation of the promotion measures referred to in Article 103p.

31.the following Article shall be inserted: ‘Article 190a Transfer of amounts available in the wine sector to rural development

—2009: EUR 40 660 000, —2010: EUR 82 110 000, —from 2011 onwards: EUR 122 610 000.

32.the following paragraph shall be added to Article 194: ‘The Commission may also determine the rules on the measurement of areas in the wine sector ensuring uniform application of Community provisions as laid down in this Regulation. Such rules may, in particular, relate to controls and rules governing the specific financial procedures for the improvement of controls.’;

33.the following Article shall be added to Part VI: ‘Article 194a Compatibility with the integrated administration and control system For the purposes of applying this Regulation in the wine sector, Member States shall ensure that the administration and control procedures, referred to in the first and the third paragraph of Article 194, which relate to areas, are compatible with the integrated administration control system (IACS) as regards the following elements: (a)the computerised database; (b)the identification systems for agricultural parcels referred to in Article 20(1) of Regulation (EC) No 1782/2003; (c)the administrative checks. The procedures shall allow, without any problems or conflicts, a common functioning or the exchange of data with the IACS.’;

34.Article 195 shall be amended as follows: (a)paragraph 1 shall be replaced by the following: ‘1.  The Commission shall be assisted by the Management Committee for the Common Organisation of Agricultural Markets (hereinafter referred to as the Management Committee).’; (b)the following paragraphs shall be added: ‘3.  The Commission shall also be assisted by a Regulatory Committee.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.’;

35.Article 196 shall be replaced by the following: ‘Article 196 Organisation of the Management Committee The organisation of the meetings of the Management Committee referred to in Article 195(1) shall take into account, in particular, the scope of its responsibilities, the specificities of the subject to be dealt with, and the need to involve appropriate expertise.’;

36.the following Article shall be inserted: ‘Article 203b Transitional rules in the wine sector The Commission may adopt the measures required to facilitate the transition from the arrangements provided for in Regulations (EC) No 1493/1999 and (EC) No 479/2008 to those laid down in this Regulation.’;

37.the Annexes shall be amended as follows: (a)Part IIIa, the text of which appears in Annex I to this Regulation, shall be inserted in Annex III; (b)Annexes Xb, Xc, Xd and Xe, the text of which appears in Annex II to this Regulation, shall be inserted; (c)Annex XIb, the text of which appears in Annex III to this Regulation, shall be inserted; (d)Annexes XVa and XVb, the text of which appears in Annex IV to this Regulation, shall be inserted; (e)point 47, the text of which appears in Annex V to this Regulation, shall be added to Annex XXII.

Article 2

Amendment to Regulation (EC) No 1184/2006

Article 1 of Regulation (EC) No 1184/2006 shall be replaced by the following:

This Regulation shall lay down the rules to be applied as regards the applicability of Articles 81 to 86 and certain provisions of Article 88 of the Treaty in relation to production of, or trade in, the products listed in Annex I to the Treaty with the exception of the products covered by 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) (¹⁷).

Article 3

Repeals and transitional continued applicability

References to the repealed Regulation shall be construed as references to Regulation (EC) No 1234/2007 and shall be read in accordance with the respective correlation table set out in Annex XXII to that Regulation.

Article 4

Entry into force

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

It shall apply from 1 August 2009.

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

ANNEX I

‘Part IIIa: Definitions concerning the wine sector

Vine-related

1.“Grubbing-up” means the complete elimination of all vine stocks on an area planted with vines.

2.“Planting” means the definitive establishment of vine plants or parts of vine plants, whether or not grafted, with a view to producing grapes or to establishing a graft nursery.

3.“Grafting-on” means the grafting of a vine which has already been subject to a previous grafting.

Produce-related

4.“Fresh grapes” means the fruit of the vine used in making wine, ripe or even slightly raisined, which may be crushed or pressed by normal wine-cellar means and which may spontaneously produce alcoholic fermentation.

5.“Fresh grape must with fermentation arrested by the addition of alcohol” means a product which: (a)has an actual alcoholic strength of not less than 12 % volume and not more than 15 % volume; (b)is obtained by addition to unfermented grape must, which has a natural alcoholic strength of not less than 8,5 % volume and is exclusively derived from wine grape varieties classifiable according to Article 120a(2): (i)either of neutral alcohol of vinous origin, including alcohol obtained from the distillation of dried grapes, having an actual alcoholic strength of not less than 96 % volume; (ii)or of an unrectified product derived from the distillation of wine and having an actual alcoholic strength of not less than 52 % volume and not more than 80 % volume.

6.“Grape juice” means the unfermented but fermentable liquid product which: (a)is obtained by appropriate treatment rendering it fit for consumption as it is; (b)is obtained from fresh grapes or from grape must or by reconstitution. Where obtained by reconstitution, it shall be reconstituted from concentrated grape must or concentrated grape juice. An actual alcoholic strength of the grape juice of not more than 1 % volume is permissible.

7.“Concentrated grape juice” means uncaramelised grape juice obtained by partial dehydration of grape juice carried out by any authorised method other than by direct heat in such a way that the figure indicated by a refractometer used in accordance with a method to be prescribed at a temperature of 20 °C is not less than 50,9 %. An actual alcoholic strength of the concentrated grape juice of not more than 1 % volume is permissible.

8.“Wine lees” means the residue: (a)accumulating in vessels containing wine after fermentation, during storage or after authorised treatment; (b)obtained from filtering or centrifuging the product referred to in (a); (c)accumulating in vessels containing grape must during storage or after authorised treatment; or (d)obtained from filtering or centrifuging the product referred to in (c).

9.“Grape marc” means the residue from the pressing of fresh grapes, whether or not fermented.

10.“Piquette” means a product obtained by: (a)the fermentation of untreated grape marc macerated in water; or (b)leaching fermented grape marc with water.

11.“Wine fortified for distillation” means a product which: (a)has an actual alcoholic strength of not less than 18 % volume and not more than 24 % volume; (b)is obtained exclusively by the addition to wine containing no residual sugar of an unrectified product derived from the distillation of wine and having a maximum actual alcoholic strength of 86 % volume; or (c)has a maximum volatile acidity of 1,5 grams per litre, expressed as acetic acid.

12.“Cuvée” means: (a)the grape must; (b)the wine; or (c)the mixture of grape musts and/or wines with different characteristics, intended for the preparation of a specific type of sparkling wine.

Alcoholic strength

13.“Actual alcoholic strength by volume” means the number of volumes of pure alcohol contained at a temperature of 20 °C in 100 volumes of the product at that temperature.

14.“Potential alcoholic strength by volume” means the number of volumes of pure alcohol at a temperature of 20 °C capable of being produced by total fermentation of the sugars contained in 100 volumes of the product at that temperature.

15.“Total alcoholic strength by volume” means the sum of the actual and potential alcoholic strengths.

16.“Natural alcoholic strength by volume” means the total alcoholic strength by volume of a product before any enrichment.

17.“Actual alcoholic strength by mass” means the number of kilograms of pure alcohol contained in 100 kilograms of product.

18.“Potential alcoholic strength by mass” means the number of kilograms of pure alcohol capable of being produced by total fermentation of the sugars contained in 100 kilograms of product.

19.“Total alcoholic strength by mass” means the sum of the actual and potential alcoholic strength.’

ANNEX II

‘ANNEX Xb

in 1 000 EUR
Budget year	2009	2010	2011	2012	2013	from 2014 onwards
BG	15 608	21 234	22 022	27 077	26 742	26 762
CZ	2 979	4 076	4 217	5 217	5 151	5 155
DE	22 891	30 963	32 190	39 341	38 867	38 895
EL	14 286	19 167	19 840	24 237	23 945	23 963
ES	213 820	284 219	279 038	358 000	352 774	353 081
FR	171 909	226 814	224 055	284 299	280 311	280 545
IT (1)	238 223	298 263	294 135	341 174	336 736	336 997
CY	2 749	3 704	3 801	4 689	4 643	4 646
LT	30	37	45	45	45	45
LU	344	467	485	595	587	588
HU	16 816	23 014	23 809	29 455	29 081	29 103
MT	232	318	329	407	401	402
AT	8 038	10 888	11 313	13 846	13 678	13 688
PT	37 802	51 627	53 457	65 989	65 160	65 208
RO	42 100	42 100	42 100	42 100	42 100	42 100
SI	3 522	3 770	3 937	5 119	5 041	5 045
SK	2 938	4 022	4 160	5 147	5 082	5 085
UK	0	61	67	124	120	120
(*)   The national ceilings in Annex VIII to Regulation (EC) No 1782/2003 for Italy corresponding to years 2008, 2009 and 2010 are reduced by EUR 20 million and those amounts have been included in the budget amounts of Italy for the years 2009, 2010 and 2011 as laid down in this table.

ANNEX Xc

in 1 000 EUR
Budget year	2009	2010	From 2011 onwards
BG	—	—	—
CZ	—	—	—
DE	—	—	—
EL	—	—	—
ES	15 491	30 950	46 441
FR	11 849	23 663	35 512
IT	13 160	26 287	39 447
CY	—	—	—
LT	—	—	—
LU	—	—	—
HU	—	—	—
MT	—	—	—
AT	—	—	—
PT	—	—	—
RO	—	—	—
SI	—	1 050	1 050
SK	—	—	—
UK	160	160	160

ANNEX Xd

BUDGET FOR THE GRUBBING-UP SCHEME

The budget available for the grubbing-up scheme referred to in Article 85s(3) shall be:

(a)for the wine year 2008/2009 (2009 budget year): EUR 464 000 000;

(b)for the wine year 2009/2010 (2010 budget year): EUR 334 000 000;

(c)for the wine year 2010/2011 (2011 budget year): EUR 276 000 000.

ANNEX Xe

in ha
Member State	Total area planted with vines	Areas referred to in Article 85u(5)
BG	135 760	4 073
CZ	19 081	572
DE	102 432	3 073
EL	69 907	2 097
ES	1 099 765	32 993
FR	879 859	26 396
IT	730 439	21 913
CY	15 023	451
LU	1 299	39
HU	85 260	2 558
MT	910	27
AT	50 681	1 520
PT	238 831	7 165
RO	178 101	5 343
SI	16 704	501
SK	21 531	646’

ANNEX III

ANNEX XIb

CATEGORIES OF GRAPEVINE PRODUCTS

1. Wine

Wine shall be the product obtained exclusively from the total or partial alcoholic fermentation of fresh grapes, whether or not crushed, or of grape must.

Wine shall:

(a)have, whether or not following application of the processes specified in point B of Annex XVa, an actual alcoholic strength of not less than 8,5 % volume provided that the wine derives exclusively from grapes harvested in wine-growing zones A and B referred to in the Appendix to this Annex, and of not less than 9 % volume in other wine-growing zones;

(b)have, by way of derogation from the otherwise applicable minimum actual alcoholic strength, where it has a protected designation of origin or a protected geographical indication, whether or not following application of the processes specified in point B of Annex XVa, an actual alcoholic strength of not less than 4,5 % volume;

(c)have a total alcoholic strength of not more than 15 % volume. However, by way of derogation: —the upper limit for the total alcoholic strength may reach up to 20 % volume for wines which have been produced without any enrichment from certain wine-growing areas of the Community, to be decided by the Commission in accordance with the procedure referred to in Article 195(4), —the upper limit for the total alcoholic strength may exceed 15 % volume for wines with a protected designation of origin which have been produced without enrichment;

(d)have, subject to derogations which may be adopted by the Commission in accordance with the procedure referred to in Article 195(4), a total acidity content, expressed as tartaric acid, of not less than 3,5 grams per litre or 46,6 milliequivalents per litre.

“Retsina” shall be wine produced exclusively in the geographical territory of Greece using grape must treated with resin from the Aleppo pine. The use of Aleppo pine resin is permitted solely for the purpose of obtaining “Retsina” wine under the conditions laid down in Greece’s applicable provision.

By way of derogation from point (b) “Tokaji eszencia” and “Tokajská esencia” are considered wine.

2. New wine still in fermentation

New wine still in fermentation shall be the product in which the alcoholic fermentation is not yet complete and which is not yet separated from its lees.

3. Liqueur wine

Liqueur wine shall be the product:

(a)which has an actual alcoholic strength of not less than 15 % volume and not more than 22 % volume;

(b)which has a total alcoholic strength of not less than 17,5 % volume, except for certain liqueur wines with a designation of origin or with a geographical indication appearing on a list to be drawn up by the Commission in accordance with the procedure referred to in Article 195(4);

(c)which is obtained from: —grape must in fermentation, —wine, —a combination of the above products, or —grape must or a mixture thereof with wine in so far as liqueur wines, to be determined by the Commission in accordance with the procedure referred to in Article 195(4), with a protected designation of origin or a protected geographical indication are concerned;

(d)which has an initial natural alcoholic strength of not less than 12 % volume except for certain liqueur wines with a protected designation of origin or a protected geographical indication appearing on a list to be drawn up by the Commission in accordance with the procedure referred to in Article 195(4);

(e)to which the following has been added: (i)individually or in combination: —neutral alcohol of vine origin, including alcohol produced from the distillation of dried grapes, having an actual alcoholic strength of not less than 96 % volume, —wine or dried grape distillate, having an actual alcoholic strength of not less than 52 % volume and not more than 86 % volume; (ii)together with one or more of the following products where appropriate: —concentrated grape must, —a combination of one of the products referred to in point (e)(i) with a grape must referred to in the first and fourth indent of point (c);

(f)to which, by way of derogation from point (e), has been added, in so far as certain liqueur wines with a protected designation of origin or a protected geographical indication are concerned which appear on a list to be drawn up by the Commission in accordance with the procedure referred to in Article 195(4): (i)either of products listed in point (e)(i) individually or in combination; or (ii)one or more of the following products: —wine alcohol or dried grape alcohol with an actual alcoholic strength of not less than 95 % volume and not more than 96 % volume, —spirits distilled from wine or from grape marc, with an actual alcoholic strength of not less than 52 % volume and not more than 86 % volume, —spirits distilled from dried grapes, with an actual alcoholic strength of not less than 52 % volume and of less than 94,5 % volume; and (iii)one or more of the following products, where appropriate: —partially fermented grape must obtained from raisined grapes, —concentrated grape must obtained by the action of direct heat, complying, with the exception of this operation, with the definition of concentrated grape must, —concentrated grape must, —a combination of one of the products listed in point (f)(ii) with a grape must referred to in the first and fourth indents of point (c).

4. Sparkling wine

Sparkling wine shall be the product:

(a)which is obtained by first or second alcoholic fermentation: —from fresh grapes, —from grape must, or, —from wine;

(b)which, when the container is opened, releases carbon dioxide derived exclusively from fermentation;

(c)which has an excess pressure, due to carbon dioxide in solution, of not less than 3 bar when kept at a temperature of 20 °C in closed containers; and

(d)for which the total alcoholic strength of the cuvées intended for their preparation shall not be less than 8,5 % volume.

5. Quality sparkling wine

Quality sparkling wine shall be the product:

(a)which is obtained by first or second alcoholic fermentation: —from fresh grapes, —from grape must, or —from wine;

(b)which, when the container is opened, releases carbon dioxide derived exclusively from fermentation;

(c)which has an excess pressure, due to carbon dioxide in solution, of not less than 3,5 bar when kept at a temperature of 20 °C in closed containers; and

(d)for which the total alcoholic strength of the cuvées intended for their preparation shall not be less than 9 % volume.

6. Quality aromatic sparkling wine

Quality aromatic sparkling wines shall be the quality sparkling wine:

(a)which is obtained only by making use, when constituting the cuvée, of grape must or grape must in fermentation which is derived from specific wine grape varieties on a list to be drawn up by the Commission in accordance with the procedure referred to in Article 195(4). Quality aromatic sparkling wines traditionally produced using wines when constituting the cuvée, shall be determined by the Commission in accordance with the procedure referred to in Article 195(4);

(b)which has an excess pressure, due to carbon dioxide in solution, of not less than 3 bar when kept at a temperature of 20 ^oC in closed containers;

(c)of which the actual alcoholic strength may not be less than 6 % volume; and

(d)of which the total alcoholic strength may not be less than 10 % volume.

Specific rules concerning other supplementary characteristics or conditions of production and circulation shall be adopted by the Commission in accordance with the procedure referred to in Article 195(4).

7. Aerated sparkling wine

Aerated sparkling wine shall be the product which:

(a)is obtained from wine without a protected designation of origin or a protected geographical indication;

(b)releases, when the container is opened, carbon dioxide derived wholly or partially from an addition of that gas; and

(c)has an excess pressure, due to carbon dioxide in solution, of not less than 3 bar when kept at a temperature of 20 °C in closed containers.

8. Semi-sparkling wine

Semi-sparkling wine shall be the product which:

(a)is obtained from wine provided that such wine has a total alcoholic strength of not less than 9 % volume;

(b)has an actual alcoholic strength of not less than 7 % volume;

(c)has an excess pressure, due to endogenous carbon dioxide in solution of not less than 1 bar and not more than 2,5 bar when kept at a temperature of 20 °C in closed containers; and

(d)is placed in containers of 60 litres or less.

9. Aerated semi-sparkling wine

Aerated semi-sparkling wine shall be the product which:

(a)is obtained from wine;

(b)has an actual alcoholic strength of not less than 7 % volume and a total alcoholic strength of not less than 9 % volume;

(c)has an excess pressure of not less than 1 bar and not more than 2,5 bar when kept at a temperature of 20 °C in closed containers due to carbon dioxide in solution which has been wholly or partially added; and

(d)is placed in containers of 60 litres or less.

10. Grape must

Grape must shall be the liquid product obtained naturally or by physical processes from fresh grapes. An actual alcoholic strength of the grape must of not more than 1 % volume is permissible.

11. Partially fermented grape must

Grape must in fermentation shall be the product obtained from the fermentation of grape must which has an actual alcoholic strength of more than 1 % volume but less than three fifths of its total alcoholic strength by volume.

12. Partially fermented grape must extracted from raisined grapes

Grape must in fermentation extracted from raisined grapes shall be the product obtained from the partial fermentation of grape must obtained from raisined grapes, the total sugar content of which before fermentation is at least 272 grams per litre and the natural and actual alcoholic strength of which shall not be less than 8 % volume. However, certain wines, to be determined by the Commission in accordance with the procedure referred to in Article 195(4), that meet these requirements shall not be considered as grape must in fermentation extracted from raisined grapes.

13. Concentrated grape must

Concentrated grape must shall be uncaramelised grape must which is obtained by partial dehydration of grape must carried out by any authorised method other than by direct heat in such a way that the figure indicated by a refractometer used in accordance with a method to be prescribed in accordance with Article 120g at a temperature of 20 °C is not less than 50,9 %.

An actual alcoholic strength of the concentrated grape must of not more than 1 % volume is permissible.

14. Rectified concentrated grape must

Rectified concentrated grape must shall be the liquid uncaramelised product which:

(a)is obtained by partial dehydration of grape must carried out by any authorised method other than direct heat in such a way that the figure indicated by a refractometer used in accordance with a method to be prescribed in accordance with Article 120g at a temperature of 20 °C is not less than 61,7 %;

(b)has undergone authorised treatment for de-acidification and elimination of constituents other than sugar;

(c)has the following characteristics: —a pH of not more than 5 at 25 Brix, —an optical density at 425 nm for a thickness of 1 cm of not more than 0,100 in grape must concentrated at 25 Brix, —a sucrose content undetectable by a method of analysis to be defined, —a Folin-Ciocalteu index of not more than 6,00 at 25 °Brix, —a titratable acidity of not more than 15 milliequivalents per kilogram of total sugars, —a sulphur dioxide content of not more than 25 milligrams per kilogram of total sugars, —a total cation content of not more than 8 milliequivalents per kilogram of total sugars, —a conductivity at 25 °Brix and 20 °C of not more than 120 micro-Siemens/cm, —a hydroxymethylfurfural content of not more than 25 milligrams per kilogram of total sugars, —presence of mesoinositol.

An actual alcoholic strength of the rectified concentrated grape must of not more than 1 % volume is permissible.

15. Wine from raisined grapes

Wine from raisined grapes shall be the product which:

(a)is produced without enrichment, from grapes left in the sun or shade for partial dehydration;

(b)has a total alcoholic strength of at least 16 % volume and an actual alcoholic strength of at least 9 % volume; and

(c)has a natural alcoholic strength of a least 16 % volume (or 272 grams sugar/litre).

16. Wine of overripe grapes

Wine of overripe grapes shall be the product which:

(a)is produced without enrichment;

(b)has a natural alcoholic strength of more than 15 % volume; and

(c)has a total alcoholic strength of not less than 15 % volume and an actual alcoholic strength of not less than 12 % volume.

Member States may prescribe a period of ageing for this product.

17. Wine vinegar

Wine vinegar shall be vinegar which:

(a)is obtained exclusively by acetous fermentation of wine; and

(b)has a total acidity of not less than 60 grams per litre expressed as acetic acid.

Appendix to Annex XIb

Wine growing zones

The wine-growing zones shall be the following:

1.Wine-growing zone A comprises: (a) in Germany : the areas planted with vines other than those included in paragraph 2(a); (b) in Luxembourg : the Luxembourg wine-growing region; (c) in Belgium, Denmark, Ireland, the Netherlands, Poland, Sweden and the United Kingdom : the wine-growing areas of these countries; (d) in the Czech Republic : the wine growing region of Čechy.

2.Wine-growing zone B comprises: (a)in Germany, the areas planted with vines in the specified region Baden; (b)in France, the areas planted with vines in the departments not mentioned in this Annex and in the following departments: — in Alsace : Bas-Rhin, Haut-Rhin, — in Lorraine : Meurthe-et-Moselle, Meuse, Moselle, Vosges, — in Champagne : Aisne, Aube, Marne, Haute-Marne, Seine-et-Marne, — in the Jura : Ain, Doubs, Jura, Haute-Saône, — in Savoie : Savoie, Haute-Savoie, Isère (commune de Chapareillan), — in the Val de Loire : Cher, Deux-Sèvres, Indre, Indre-et-Loire, Loir-et-Cher, Loire-Atlantique, Loiret, Maine-et-Loire, Sarthe, Vendée, Vienne, and the areas planted with vines in the arrondissement of Cosne-sur-Loire in the department of Nièvre; (c)in Austria, the Austrian wine-growing area; (d)in the Czech Republic, the wine-growing region of Morava and the areas planted with vines not included in paragraph 1(d); (e)in Slovakia, the areas planted with vines in the following regions: Malokarpatská vinohradnícka oblast, Južnoslovenská vinohradnícka oblast, Nitrianska vinohradnícka oblast, Stredoslovenská vinohradnícka oblast, Východoslovenská vinohradnícka oblast and the wine growing areas not included in paragraph 3(f); (f)in Slovenia, the areas planted with vines in the following regions: — in the Podravje region : Štajerska Slovenija, Prekmurje, — in the Posavje region : Bizeljsko Sremič, Dolenjska and Bela krajina, and the areas planted with vines in the regions not included in paragraph 4(d); (g)in Romania, in the area of Podișul Transilvaniei.

3.Wine-growing zone C I comprises: (a)in France, areas planted with vines: —in the following departments: Allier, Alpes-de-Haute-Provence, Hautes-Alpes, Alpes-Maritimes, Ariège, Aveyron, Cantal, Charente, Charente-Maritime, Corrèze, Côte-d’Or, Dordogne, Haute-Garonne, Gers, Gironde, Isère (with the exception of the commune of Chapareillan), Landes, Loire, Haute-Loire, Lot, Lot-et-Garonne, Lozère, Nièvre (except for the arrondissement of Cosne-sur-Loire), Puy-de-Dôme, Pyrénées-Atlantiques, Hautes-Pyrénées, Rhône, Saône-et-Loire, Tarn, Tarn-et-Garonne, Haute-Vienne, Yonne, —in the arrondissements of Valence and Die in the department of Drôme (except for the cantons of Dieulefit, Loriol, Marsanne and Montélimar), —in the arrondissement of Tournon, in the cantons of Antraigues, Burzet, Coucouron, Montpezat-sous-Bauzon, Privas, Saint-Etienne de Lugdarès, Saint-Pierreville, Valgorge and la Voulte-sur-Rhône of the department of Ardèche; (b)in Italy, areas planted with vines in the Valle d’Aosta region and in the provinces of Sondrio, Bolzano, Trento and Belluno; (c)in Spain, areas planted with vines in the provinces of A Coruña, Asturias, Cantabria, Guipúzcoa and Vizcaya; (d)in Portugal, areas planted with vines in that part of the region of Norte which corresponds to the designated wine area of “Vinho Verde” as well as the “Concelhos de Bombarral, Lourinhã, Mafra e Torres Vedras” (with the exception of “Freguesias da Carvoeira e Dois Portos”), belonging to the “Região viticola da Extremadura”, (e)in Hungary, all areas planted with vines, (f)in Slovakia, areas planted with vines in the Tokajská vinohradnícka oblast, (g)in Romania, areas planted with vines not included in paragraphs 2(g) or 4(f).

4.Wine-growing zone C II comprises: (a)in France, areas planted with vines: —in the following departments: Aude, Bouches-du-Rhône, Gard, Hérault, Pyrénées-Orientales (except for the cantons of Olette and Arles-sur-Tech), Vaucluse, —in the part of the department of Var bounded in the south by the northern limit of the communes of Evenos, Le Beausset, Solliès-Toucas, Cuers, Puget-Ville, Collobrières, La Garde-Freinet, Plan-de-la-Tour and Sainte-Maxime, —in the arrondissement of Nyons and the canton of Loriol-sur-Drôme in the department of Drôme, —in those parts of the department of Ardèche not listed in paragraph 3(a); (b)in Italy, areas planted with vines in the following regions: Abruzzo, Campania, Emilia-Romagna, Friuli-Venezia Giulia, Lazio, Liguria, Lombardy (except for the province of Sondrio), Marche, Molise, Piedmont, Tuscany, Umbria, Veneto (except for the province of Belluno), including the islands belonging to those regions, such as Elba and the other islands of the Tuscan archipelago, the Ponziane islands, Capri and Ischia; (c)in Spain, areas planted with vines in the following provinces: —Lugo, Orense, Pontevedra, —Ávila (except for the communes which correspond to the designated wine “comarca” of Cebreros), Burgos, León, Palencia, Salamanca, Segovia, Soria, Valladolid, Zamora, —La Rioja, —Álava, —Navarra, —Huesca, —Barcelona, Girona, Lleida, —in that part of the province of Zaragoza which lies to the north of the river Ebro, —in those communes of the province of Tarragona included in the Penedés designation of origin, —in that part of the province of Tarragona which corresponds to the designated wine “comarca” of Conca de Barberá; (d)in Slovenia, areas planted with vines in the following regions: Brda or Goriška Brda, Vipavska dolina or Vipava, Kras and Slovenska Istra; (e)in Bulgaria, areas planted with vines in the following regions: Dunavska Ravnina (Дунавска равнина), Chernomorski Rayon (Черноморски район), Rozova Dolina (Розова долина); (f)in Romania, areas planted with vines in the following regions: Dealurile Buzăului, Dealu Mare, Severinului and Plaiurile Drâncei, Colinele Dobrogei, Terasele Dunării, the South wine region, including sands and other favourable regions.

5.Wine-growing zone C III (a) comprises: (a)in Greece, areas planted with vines in the following nomoi: Florina, Imathia, Kilkis, Grevena, Larisa, Ioannina, Levkas, Akhaia, Messinia, Arkadia, Korinthia, Iraklio, Khania, Rethimni, Samos, Lasithi and the island of Thira (Santorini); (b)in Cyprus, areas planted with vines located at altitudes exceeding 600 metres; (c)in Bulgaria, areas planted with vines not included in paragraph 4(e).

6.Wine-growing zone C III (b) comprises: (a)in France, areas planted with vines: —in the departments of Corsica, —in that part of the department of Var situated between the sea and a line bounded by the communes (which are themselves included) of Evenos, Le Beausset, Solliès-Toucas, Cuers, Puget-Ville, Collobrières, La Garde-Freinet, Plan-de-la-Tour and Sainte-Maxime, —in the cantons of Olette and Arles-sur-Tech in the department of Pyrénées-Orientales; (b)in Italy, areas planted with vines in the following regions: Calabria, Basilicata, Apulia, Sardinia and Sicily, including the islands belonging to those regions, such as Pantelleria and the Lipari, Egadi and Pelagian islands; (c)in Greece, areas planted with vines not listed in paragraph 5(a); (d)in Spain: areas planted with vines not included in paragraphs 3(c) or 4(c); (e)in Portugal, areas planted with vines in the regions not included in paragraph 3(d); (f)in Cyprus, areas planted with vines located at altitudes not exceeding 600 metres; (g)in Malta, areas planted with vines.

7.The demarcation of the territories covered by the administrative units referred to in this Annex is that resulting from the national provisions in force on 15 December 1981 and, for Spain, from the national provisions in force on 1 March 1986 and, for Portugal, from the national provisions in force on 1 March 1998.

ANNEX IV

‘ANNEX XVa

ENRICHMENT, ACIDIFICATION AND DE-ACIDIFICATION IN CERTAIN WINE-GROWING ZONES

A. Enrichment limits

1.Where climatic conditions have made it necessary in certain wine-growing zones of the Community referred to in the Appendix to Annex XIb, the Member States concerned may allow to supplement the natural alcoholic strength by volume of fresh grapes, grape must, grape must in fermentation, new wine still in fermentation and wine obtained from wine grape varieties classifiable according to Article 120a(2).

2.The increase in natural alcoholic strength by volume shall be achieved by means of the oenological practices referred to in point B and shall not exceed the following limits: (a)3 % volume in wine-growing zone A referred to in the Appendix to Annex XIb; (b)2 % volume in wine-growing zone B referred to in the Appendix to Annex XIb; (c)1,5 % volume in wine-growing zones C referred to in the Appendix to Annex XIb.

3.In years when climatic conditions have been exceptionally unfavourable, Member States may request that the limit(s) laid down in paragraph 2 be raised by 0,5 %. In response to such a request, the Commission will present the draft legislative measure to the Management Committee foreseen in Article 195(1) as soon as possible. The Commission will endeavour to take a decision within four weeks after the request has been lodged.

B. Enrichment processes

1.The increase in natural alcoholic strength by volume provided for in point A shall only be effected: (a)in respect of fresh grapes, grape must in fermentation or new wine still in fermentation, by adding sucrose, concentrated grape must or rectified concentrated grape must; (b)in respect of grape must, by adding sucrose, concentrated grape must or rectified concentrated grape must, or by partial concentration, including reverse osmosis; (c)in respect of wine, by partial concentration through cooling.

2.The processes referred to in paragraph 1 shall be mutually exclusive where wine or grape must is enriched with concentrated grape must or rectified concentrated grape must and an aid is paid under Article 103y.

3.The addition of sucrose provided for in paragraph 1(a) and (b) may only be performed by dry sugaring and only in the following areas: (a)wine-growing zone A referred to in the Appendix to Annex XIb; (b)wine-growing zone B referred to in the Appendix to Annex XIb; (c)wine-growing zone C referred to in the Appendix to Annex XIb, with the exception of vineyards in Italy, Greece, Spain, Portugal, Cyprus and vineyards in the French departments under jurisdiction of the courts of appeal of: —Aix-en-Provence, —Nîmes, —Montpellier, —Toulouse, —Agen, —Pau, —Bordeaux, —Bastia. However, enrichment by dry sugaring may be authorised by the national authorities as an exception in the abovementioned French departments. France shall notify the Commission and the other Member States forthwith of any such authorisations.

4.The addition of concentrated grape must or rectified concentrated grape must shall not have the effect of increasing the initial volume of fresh crushed grapes, grape must, grape must in fermentation or new wine still in fermentation by more than 11 % in wine-growing zone A, 8 % in wine-growing zone B and 6,5 % in wine-growing zone C referred to in the Appendix to Annex XIb.

5.The concentration of grape must or of wine subjected to the processes referred to in paragraph 1: (a)shall not have the effect of reducing the initial volume of these products by more than 20 %; (b)shall, notwithstanding point A(2)(c), not increase the natural alcoholic strength of these products by more than 2 % volume.

6.The processes referred to in paragraphs 1 and 5 shall not raise the total alcoholic strength of the fresh grapes, grape must, grape must in fermentation, new wine still in fermentation, or wine: (a)in wine-growing zone A referred to in the Appendix to Annex XIb to more than 11,5 % volume; (b)in wine-growing zone B referred to in the Appendix to Annex XIb to more than 12 % volume; (c)in wine-growing zone C I referred to in the Appendix to Annex XIb to more than 12,5 % volume; (d)in wine-growing zone C II referred to in the Appendix to Annex XIb to more than 13 % volume; and (e)in wine-growing zone C III referred to in the Appendix to Annex XIb to more than 13,5 % volume.

7.By way of derogation from paragraph 6, Member States may: (a)in relation to red wine, raise the upper limit of total alcoholic strength of the products referred to in paragraph 6 to 12 % volume in wine-growing zone A and 12,5 % volume in wine-growing zone B referred to in the Appendix to Annex XIb; (b)raise the total alcoholic strength by volume of the products referred to in paragraph 6 for the production of wines with a designation of origin to a level to be determined by Member States.

C. Acidification and de-acidification

1.Fresh grapes, grape must, grape must in fermentation, new wine still in fermentation and wine may be subject to: (a)de-acidification in wine-growing zones A, B and C I referred to in the Appendix to Annex XIb; (b)acidification and de-acidification in wine-growing zones C I, C II and C III (a) referred to in the Appendix to Annex XIb, without prejudice to paragraph 7; or (c)acidification in wine-growing zone C III (b) referred to in the Appendix to Annex XIb.

2.Acidification of the products, other than wine, referred to in paragraph 1 may be carried out only up to a limit of 1,50 g/l expressed as tartaric acid, or 20 milliequivalents per litre.

3.Acidification of wines may be carried out only up to a limit of 2,50 g/l expressed as tartaric acid, or 33,3 milliequivalents per litre.

4.De-acidification of wines may be carried out only up to a limit of 1 g/l expressed as tartaric acid, or 13,3 milliequivalents per litre.

5.Grape must intended for concentration may be partially de-acidified.

6.Notwithstanding paragraph 1, in years when climatic conditions have been exceptional, Member States may authorise acidification of the products referred to in paragraph 1 in wine-growing zones A and B, referred to in the Appendix to Annex XIb, under the conditions referred to in paragraphs 2 and 3.

7.Acidification and enrichment, except by way of derogation to be decided by the Commission in accordance with the procedure referred to in Article 195(4), and acidification and de-acidification of one and the same product shall be mutually exclusive processes.

D. Processes

1.None of the processes referred to in points B and C, with the exception of the acidification and de-acidification of wines, shall be authorised unless carried out, under conditions to be determined by the Commission in accordance with the procedure referred to in Article 195(4), at the time when the fresh grapes, grape must, grape must in fermentation or new wine still in fermentation are being turned into wine or into any other beverage intended for direct human consumption referred to in Article 1(1)(l) other than sparkling wine or aerated sparkling wine in the wine-growing zone where the fresh grapes used were harvested.

2.The concentration of wines shall take place in the wine-growing zone where the fresh grapes used were harvested.

3.Acidification and de-acidification of wines shall take place only in the wine making undertaking and in the wine-growing zone where the grapes used to produce the wine in question were harvested.

4.Each of the processes referred to in paragraphs 1, 2 and 3 shall be notified to the competent authorities. The same shall apply in respect of the quantities of concentrated grape must rectified concentrated grape must or sucrose held in the exercise of their profession by natural or legal persons or groups of persons, in particular producers, bottlers, processors and merchants to be determined by the Commission in accordance with the procedure referred to in Article 195(4), at the same time and in the same place as fresh grapes, grape must, grape must in fermentation or wine in bulk. The notification of these quantities may, however, be replaced by entry in a goods inwards and stock utilisation register.

5.Each of the processes referred to in points B and C shall be recorded on the accompanying document, as provided for in Article 185c, under cover of which the products having undergone the processes are put into circulation.

6.Those processes, subject to derogations justified by exceptional climatic conditions, shall not be carried out: (a)in wine-growing zone C referred to in the Appendix to Annex XIb after 1 January; (b)in wine-growing zones A and B referred to in the Appendix to Annex XIb after 16 March, and they shall be carried out only for products of the grape harvest immediately preceding those dates.

7.Notwithstanding paragraph 6, concentration by cooling and acidification and de-acidification of wines may be practised throughout the year.

ANNEX XVb

RESTRICTIONS

A. General

1.All authorised oenological practices shall exclude the addition of water, except where required on account of a specific technical necessity.

2.All authorised oenological practices shall exclude the addition of alcohol, except for practices related to obtaining fresh grape must with fermentation arrested by the addition of alcohol, liqueur wine, sparkling wine, wine fortified for distillation and semi-sparkling wine.

3.Wine fortified for distillation shall only be used for distillation.

B. Fresh grapes, grape must and grape juice

1.Fresh grape must in which fermentation is arrested by the addition of alcohol shall be used only during the stage of preparation of products which do not fall under CN codes 2204 10, 2204 21 and 2204 29. This is without prejudice to any stricter provisions which Member States may apply to the preparation in their territory of products which do not fall under CN codes 2204 10, 2204 21 and 2204 29.

2.Grape juice and concentrated grape juice shall not be made into wine or added to wine. They shall not undergo alcoholic fermentation in the territory of the Community.

3.The provisions of paragraphs 1 and 2 shall not apply to products intended for the production, in the United Kingdom, Ireland and Poland, of products falling within CN code 2206 00 for which Member States may allow the use of a composite name, including the sales designation “wine”.

4.Grape must in fermentation extracted from raisined grapes shall be put on the market only for the manufacture of liqueur wines only in the wine-growing regions where this usage was traditional on 1 January 1985, and for the manufacture of wine of overripe grapes.

5.Unless otherwise decided by the Council in accordance with the international obligations of the Community, fresh grapes, grape must, grape must in fermentation, concentrated grape must, rectified concentrated grape must, grape must with fermentation arrested by the addition of alcohol, grape juice, concentrated grape juice and wine, or mixtures of those products, originating in third countries, may not be turned into products referred to in Annex XIb or added to such products in the territory of the Community.

C. Blending of wines

Unless otherwise decided by the Council in accordance with the international obligations of the Community, coupage of a wine originating in a third country with a Community wine and coupage between wines originating in third countries shall be prohibited in the Community.

D. By-products

1.The over-pressing of grapes shall be prohibited. Member States shall decide, taking account of local and technical conditions, the minimum quantity of alcohol that shall be contained in the marc and the lees after the pressing of grapes. The quantity of alcohol contained in those by-products shall be decided by Member States at a level at least equal to 5 % in relation to the volume of alcohol contained in the wine produced.

2.Except for alcohol, spirits and piquette, wine or any other beverage intended for direct human consumption shall not be produced from wine lees or grape marc. The pouring of wine onto lees or grape marc or pressed aszú pulp shall be allowed under conditions to be determined by the Commission in accordance with the procedure referred to in Article 195(4) where this practice is traditionally used for the production of “Tokaji fordítás” and “Tokaji máslás” in Hungary and “Tokajský forditáš” and “Tokajský mášláš” in Slovakia.

3.The pressing of wine lees and the re-fermentation of grape marc for purposes other than distillation or production of piquette is prohibited. The filtering and centrifuging of wine lees shall not be considered as pressing where the products obtained are of sound, genuine and merchantable quality.

4.Piquette, where its production is authorised by the Member State concerned, shall be used only for distillation or for consumption in wine-producers’ households.

5.Without prejudice to the possibility for Member States to decide to require disposal of by-products by way of distillation, any natural or legal persons or groups of persons who hold by-products shall be required to dispose of them subject to conditions to be determined by the Commission in accordance with the procedure referred to in Article 195(4).’

ANNEX V

‘47.  Regulation (EC) No 479/2008