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Commission Consultation, 21 December 2018
COMMISSION DELEGATED REGULATION (EU) …/... of XXX supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards wine-growing areas where the alcoholic strength may be increased, authorised oenological practices and restrictions applicable to the production and conservation of grapevine products, the minimum percentage of alcohol for by-products and their disposal, and publication of OIV files, and amending Commission Delegated Regulation (EU) 2018/273 as regards the importation of wine originating in Canada and exempting retailers of holding an inward and outward register
A copy of this draft is available on this site (click on image). In addition the draft Annex is available in a separate file - see: Oenological Practices (Del) - Annex. For more details, see the consultation page at: https://ec.europa.eu/info/law/better-regulation/initiatives/ares-2018-6604117_en. Consultation closes 18 January 2019.
The following are the recitals from the draft regulation:
Regulation (EU) No 1308/2013 repealed and replaced Council Regulation (EC) No 1234/2007 [see note 1 below]. Section 1 of Chapter I of Title II of Part II of Regulation (EU) No 1308/2013 lays down rules on the categories of grapevine products, oenological practices and the applicable restrictions and empowers the Commission to adopt delegated and implementing acts in that respect. In order to ensure the smooth functioning of the wine market in the new legal framework, certain rules have to be adopted by means of such acts. Those acts should replace the provisions of Commission Regulation (EC) No 606/2009 [see note 2 below] which should therefore be repealed.
Part II of Annex VII to Regulation (EU) No 1308/2013 listing the categories of grapevine products provides that wine is to have a total alcoholic strength of not more than 15 % volume. However, by way of derogation, that limit may be increased to 20 % volume for wines produced without enrichment in certain wine-growing areas. These areas should be defined.
Articles 80 and 83 of Regulation (EU) No 1308/2013 and Annex VIII thereto lay down general rules on oenological practices and processes and refer to detailed rules to be adopted by the Commission. The permitted oenological practices including the methods for sweetening wines should be defined in a clear and precise manner, and limits on the use of certain substances that may be used for wine-making and the conditions for using some of those substances for wine-making should be laid down.
Annex I A to Regulation (EC) No 606/2009 lists authorised oenological practices and processes. The list of authorised oenological practices should be clarified and its coherence should be improved. The list should also be supplemented to take account of technical progress. To improve clarity, the list should be divided into two tables separating oenological processes from oenological compounds.
The table of authorised oenological compounds should include a classification of the compounds into two categories, according to their use as an additive or as a processing aid, which is necessary in particular for labelling purposes.
The activity, the classification as additive or processing aid, the conditions and limits of use and the categories of grapevine products to which oenological compounds may be added should follow the International Organisation of Vine and Wine (OIV) recommendations, unless they contradict Union law.
Oenological compounds should be clearly identified by international denominations, an E-number if available and/or a Chemical Abstracts Service (CAS ) number.
To simplify applicable rules and to ensure coherence between the rules laid down in this Regulation and international standards, the former practice of duplicating information contained in the files of the OIV Code of Oenological Practices by reproducing the contents in Appendixes to Annex I should be discontinued. To ensure that producers of grapevine products using authorised oenological compounds are better informed and acquire a better understanding of those rules, the Commission should publish the files of the OIV Code of Oenological Practices referred to in the Annexes to this Regulation and ensure that the OIV files concerned are available in all official languages of the Union.
Annex I B to Regulation (EC) No 606/2009 lays down the maximum levels of sulphur dioxide in wines produced in the Union which are higher than the limits laid down by the OIV. The limits should be aligned with the OIV limits, which are recognised internationally, and the derogations required for certain sweet wines produced in small quantities owing to their higher sugar content and to ensure their good conservation should be maintained. In the light of current scientific studies into the reduction and replacement of sulphites in wine and the sulphite intake from wine in the human diet, the maximum limits could be re-examined at a later date with a view to further reducing them.
The procedures by which Member States may authorise certain oenological practices and processes not provided for by Union rules for a defined period and for experimental purposes should be laid down.
The production of sparkling wines, quality sparkling wines and quality aromatic sparkling wines requires a number of specific practices in addition to the oenological practices permitted for other grapevine products. For reasons of clarity, those practices should be listed in a separate Annex to this Regulation.
The production of liqueur wines requires a number of specific practices in addition to the oenological practices permitted for other grapevine products and the production of liqueur wines with a protected designation of origin has certain particularities. For reasons of clarity, those practices and restrictions should be listed in a separate Annex to this Regulation.
Coupage is a widespread oenological practice which can have a considerable impact on the quality of grapevine products. Therefore, in order to prevent abuse and to ensure high quality grapevine products whilst also promoting a more competitive sector, the practice should be defined and strictly regulated. As far as rosé wine production is concerned, for the same reasons, this practice should be regulated in particular for certain wines which are not subject to specifications.
Union rules on foodstuffs and the International Oenological Codex of the OIV already lay down specifications concerning purity and identification in relation to a large number of substances used in oenological practices. For the purposes of harmonisation and clarity, those specifications should be adhered to in the first instance and additional rules specific to the situation in the Union should also be provided for.
Wine products that do not comply with the provisions of Section 1 of Chapter I of Title II of Part II of Regulation (EU) No 1308/2013 or the provisions laid down in this Regulation may not be placed on the market and must be destroyed. However, some of these products may be permitted to be used for industrial purposes only and therefore the conditions for their use should be laid down so as to ensure adequate monitoring of their final use. In addition, to avoid financial losses for operators with stocks of certain products produced before the date of entry into force of this Regulation, provision should be made enabling products made in accordance with the rules in force before that date to be released for consumption.
Notwithstanding the general rule laid down in Section D of Part II of Annex VIII to Regulation (EU) No 1308/2013, the pouring of wine or grape must onto lees or grape marc or pressed ‘aszú’ or ‘výber’ pulp is an essential characteristic of the production of certain Hungarian and Slovak wines. The particular rules for such practice must be laid down in accordance with the national provisions in force in the Member States concerned on 1 May 2004.
In order to ensure the quality of the grapevine products, provision should be made for the implementation of the prohibition of over-pressing of grapes. Verifying the correct application of that prohibition requires there to be adequate monitoring of the by-products resulting from winemaking and their final use. To this end, rules on the minimum percentage of alcohol contained in the by-products after the pressing of grapes should be specified, as well as on the conditions for the mandatory disposal of by-products held by any natural or legal person or groups of persons, under the supervision of the competent authorities of the Member States. Since those conditions are directly linked to the winemaking process, they should be listed together with the oenological practices and applicable restrictions for the production of wine set out in this Regulation. In order to implement Article 23 of the Agreement concluded between the European Union and Canada concerning the trade in wines and spirits, a provision should be laid down to allow the use of the simplified procedure for the import into the Union of wines originating in Canada. Commission Delegated Regulation (EU) 2018/273 [see note 3 below] should therefore be amended accordingly.
Under Article 147(2) of Regulation (EU) No 1308/2013, natural or legal persons holding wine products in the exercise of their trade are to keep an inward and outward register in respect of those products and the oenological practices, processing or treatments implemented by them. Article 28(1) of Commission Delegated Regulation (EU) 2018/273 lays down exemptions from this obligation with regard to certain categories of operators. The purpose of those exemptions is to free the operators selling or holding stocks of small quantities of wine products from a disproportionate administrative burden. However, the retailers, whose business activity includes, by definition, the sale of wine and must in small quantity, are not covered by the current exemptions. Whereas the previous rules laid down in Article 37 of Regulation (EC) No 436/2009 exempted retailers from the obligation of keeping an inward and outward register and, moreover, in the spirit of the current EU objective of lightening the administrative burden without preventing a satisfactory level of traceability of wine products, the exemption concerning the retailers should be restored. Since those conditions are directly linked to the winemaking and marketing process, they should be listed together with the oenological practices and applicable restrictions for the production of wine set out in this Regulation. Therefore, Delegated Regulation (EU) 2018/273 should be amended to include retailers among the categories of operators exempted from the obligation of keeping an inward and outward register for the wine products and operations. Such exemption should apply retroactively, as from the entry into force of Delegated Regulation (EU) 2018/273,
1. 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) (OJ L 299, 16.11.2007, p. 1).
2. 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).
3. Commission Delegated Regulation (EU) 2018/273 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the scheme of authorisations for vine plantings, the vineyard register, accompanying documents and certification, the inward and outward register, compulsory declarations, notifications and publication of notified information, and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the relevant
See also related news item: 21 December 2018 WINE – Commission Consultation: Oenological practices authorised in the European Union (implementing rules)