1999R1493 — EN — 01.01.2008 — 010.001

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This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

►B	COUNCIL REGULATION (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (OJ L 179, 14.7.1999, p.1)

Amended by:

		Official Journal
		No	page	date
►M1	COMMISSION REGULATION (EC) No 1622/2000 of 24 July 2000	L 194	1	31.7.2000
►M4	COUNCIL REGULATION (EC) No 2826/2000 of 19 December 2000	L 328	2	23.12.2000
►M5	COUNCIL REGULATION (EC) No 2585/2001 of 19 December 2001	L 345	10	29.12.2001
M6	COUNCIL REGULATION (EC) No 806/2003 of 14 April 2003	L 122	1	16.5.2003
►M7	COMMISSION REGULATION (EC) No 1795/2003 of 13 October 2003	L 262	13	14.10.2003
►M8	COUNCIL REGULATION (EC) No 2165/2005 of 20 December 2005	L 345	1	28.12.2005
►M9	COUNCIL REGULATION (EC) No 1791/2006 of 20 November 2006	L 363	1	20.12.2006
►M10	COUNCIL REGULATION (EC) No 1234/2007 of 22 October 2007	L 299	1	16.11.2007

Amended by:

►A1	Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded	L 236	33	23.9.2003
►A2		L 157	203	21.6.2005

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▼B

COUNCIL REGULATION (EC) No 1493/1999

of 17 May 1999

on the common organisation of the market in wine

TITLE I

SCOPE

Article 1

1.  The common organisation of the market in wine shall comprise rules governing wine-production potential, market mechanisms, producer organisations and sectoral organisations, oenological practices and processes, description, designation, presentation and protection, quality wine psr, and trade with third countries.

2.  It shall apply to the following products:

3.  Definitions of the terms used in this Regulation for products shall be set out in Annex I, terms concerning alcoholic strengths in Annex II and wine-growing zones in Annex III. Detailed rules for the implementation of those Annexes may be adopted in accordance with the procedure laid down in Article 75.

▼A1

It will be decided upon accession whether Poland shall be classified in wine growing zone A in Annex III.

▼B

4.  The wine production year for the products covered by this Regulation (hereinafter referred to as the ‘wine year’) shall begin on 1 August each year and end on 31 July of the following year.

TITLE II

PRODUCTION POTENTIAL

CHAPTER I

PLANTING OF VINES

Article 2

1.  Planting with vines of wine grape varieties classified pursuant to Article 19(1) shall be prohibited until 31 July 2010 unless carried out pursuant to:

Until the same date, grafting of wine grape varieties on to varieties other than wine grape varieties shall also be prohibited.

2.  Grapes obtained from areas:

may not be used for producing wine which is to be marketed. Products made from such grapes may be put into circulation only for the purposes of distillation. However, these products may not be used in the preparation of alcohol having an actual alcoholic strength by volume of 80 % vol or less.

3.  Where a Member State has compiled the inventory of wine production potential in accordance with Article 16, it may derogate from paragraph 2 of this Article. Such a derogation shall be granted by 31 July 2002 and shall involve permission being granted for the areas concerned to produce wine which is to be marketed.

The derogation shall be granted:

4.  Where paragraph 3(a) or (c) is applied, Member States shall impose an appropriate administrative penalty on the producers concerned.

5.  Paragraph 3(c) may only be used in respect of an area no greater than the limit of 1,2 % of the area under vines.

6.  Where paragraph 3(b) is applied:

7.  Areas planted with vines of wine grape varieties classified pursuant to Article 19(1):

shall be grubbed up. The expenses of such grubbing up shall be borne by the producer concerned. Member States shall take the measures necessary to ensure that this paragraph is applied.

Article 3

1.  Member States may grant new planting rights to producers in respect of areas:

Member States may also grant new planting rights in respect of areas whose wine or vine products are intended solely for the consumption of the vine grower's family.

2.  Member States may also grant new planting rights no later than 31 July 2003 for areas for the production of a quality wine prs or a table wine described by means of a geographical indication where it has been recognised that, owing to its quality, the production of the wine in question is far below demand.

3.  New planting rights shall be used by the producer to whom they were granted, in respect of the areas and for the purposes for which they were granted.

4.  New planting rights shall be used before the end of the second wine year after the one in which they were granted. New planting rights other than those referred to in paragraph 1 not so used during this period shall be allocated to a reserve in accordance with Article 5(2)(a).

5.  New planting rights other than those referred to in paragraph 1 may only be granted to producers within the quantities set out in Article 6(1). To this end:

Article 4

1.  Replanting rights shall be:

2.  Member States shall grant replanting rights to producers who have grubbed up an area of vines. Member States may grant replanting rights to producers who untertake to grub up an area of vines, before the end of the third year after which the area was planted. The replanting rights shall be for an area equivalent in terms of pure crop to that from which vines have been or are to be grubbed up.

3.  Replanting rights shall be exercised on the holding in respect of which they were granted. Member States may further stipulate that such replanting rights may be exercised only on the area where the grubbing-up was carried out.

4.  By way of derogation from paragraph 3, replanting rights may be transferred, in whole or in part, to another holding in the same Member State where:

The rights may only be used in respect of the areas and for the purposes for which they were granted.

Member States shall ensure that the application of these derogations shall not lead to an overall increase in production potential on their territory, in particular when transfers are made from non-irrigated to irrigated areas.

5.  Replanting rights acquired under this Regulation shall be used before the end of the fifth wine year after the end of the one during which the grubbing-up took place. By way of derogation, this period may be extended by Member States to up to eight wine years. Replanting rights not used during this period shall be allocated to a reserve pursuant to Article 5(2)(a).

Article 5

1.  In order to improve the management of production potential, at a national and/or regional level, Member States shall create a national reserve, and/or as the case may be, regional reserves, of planting rights.

2.  The following shall be allocated to the reserve or reserves:

▼A1

▼B

3.  Member States may grant the rights allocated to the reserve:

4.  Member States shall ensure that the location where planting rights granted from a reserve are used, the varieties used and the cultivation techniques used guarantee that the subsequent production is adapted to market demand and that the yields concerned are typical of the average in the region where such rights are used, in particular, where planting rights originating in non-irrigated areas are used in irrigated areas.

5.  Planting rights allocated to a reserve may be granted from it no later than the end of the fifth wine year following the one during which they were allocated to it. Planting rights not granted by that time shall be extinguished.

6.  Planting rights granted from a reserve shall be used before the end of the second wine year after the one in which they were granted. Planting rights granted from a reserve not so used during this period shall be allocated to a reserve under paragraph 2(a).

7.  When a Member State creates regional reserves, it may lay down rules permitting the transfer of planting rights between regional reserves. If regional and national reserves coexist in the same Member State, transfers between such transfers may also be permitted.

The transfers referred to in this paragraph may be subject to a reduction coefficient.

8.  By way of derogation fram paragraphs 1 to 7, a competent authority of a Member State may choose not to implement the reserve system provided that the Member State can prove that an effective system for managing planting rights exists throughout its territory. That system may, where necessary, derogate from the relevant provisions of this Chapter. Where a Member State has such a system, replanting rights as referred to in the first sentence of Article 4(5) shall be extended by five wine years. The second sentence of Article 4(5) shall remain applicable.

Article 6

1.  The newly created planting rights, including the new planting rights granted by the Member States under Article 3(2), shall be allocated as follows:

2.  The newly created planting rights may only be allocated to a reserve or used under Article 2(3)(b) where the Member State has compiled the inventory of production potential in accordance with Article 16.

3.  The allocation of the newly created planting rights referred to in paragraph 1 to a reserve or their use under Article 2(3)(b) may only take place once.

▼A1

4.  For the Czech Republic, newly created planting rights shall be allocated for the production of quality wines psr amounting to 2 % of the total vineyard area in use in the Czech Republic on 1 May 2004. These rights shall be allocated to a national reserve to which Article 5 shall apply.

For Malta, newly created planting rights shall be allocated for the production of quality wines psr up to a total planted wine area in Malta of 1 000 ha. These newly created planting rights shall be used at the latest by the 2005/2006 wine year. If these rights are not used by the 2005/2006 wine year, they shall be allocated to the reserve to which Article 5 shall apply.

▼A2

5.  For Bulgaria and Romania, newly created planting rights shall be allocated for the production of quality wines psr amounting to 1,5 % of the total vineyard area, amounting to 2 302,5 hectares for Bulgaria and 2 830,5 hectares for Romania as of the date of accession. These rights shall be allocated to a national reserve to which Article 5 shall apply.

▼B

Article 7

1.  The following definitions shall apply to this Chapter:

2.  Detailed rules for the application of this Chapter shall be adopted in accordance with the procedure laid down in Article 75.

These rules may in particular include:

3.  By 31 December 2003, and at three-yearly intervals from the date, the Commission shall submit a report to the European Parliament and the Council on the operation of this Chapter. The report may be accompanied, if appropriate, by proposals for the grant of further newly created planting rights.

CHAPTER II

ABANDONMENT PREMIUMS

Article 8

1.  A premium may be granted in return for the permanent abandonment of vine-growing on a particular area.

The premium may be granted, subject to the provisions of this Chapter, to producers of cultivated vine-growing areas for the production of wine grapes. The area concerned shall not be less than 10 acres.

2.  Member States may designate in which areas, if any, the premium may the granted. They may also subject the designation to conditions, including those intended to ensure a balance between production and ecology in the regions concerned.

3.  The grant of the premium shall cause the producer to forfeit any replanting rights in respect of the area for which the premium is granted.

4.  Member States shall fix the level of the premium per hectare, taking into account:

5.  The level of the premium shall not exceed levels to be laid down.

Article 9

The following shall not qualify for the premium:

Article 10

Detailed rules for the application of this Chapter shall be adopted in accordance with the procedure laid down in Article 75.

These rules may in particular include:

CHAPTER III

RESTRUCTURING AND CONVERSION

Article 11

1.  A system for the restructuring and conversion of vineyards is hereby established.

2.  The objective of the system shall be the adaptation of production to market demand.

3.  The system shall cover one or more of the following measures:

The system shall not cover the normal renewal of vineyards which have come to the end of their natural life.

▼M5

It shall cover the new planting rights awarded within the framework of material improvement plans referred to in Regulation (EC) No 950/97 and those awarded to young farmers during the 2000/2001, 2001/2002 and 2002/2003 marketing years.

▼B

4.  Only in those regions of a Member State in respect of which the Member State has compiled the inventory of production potential in accordance with Article 16 shall there be access to the system.

Article 12

Member States shall be responsible for restructuring and conversion plans, including, where appropriate, the approval of plans. Plans shall comply with the rules laid down in this Chapter and implementing legislation.

Article 13

1.  Support for restructuring and conversion shall only be granted in relation to plans which have been drawn up and, where necessary, approved by Member States. Support shall take the following forms:

2.  The compensation of producers for loss of revenue may take either of the following forms:

3.  The Community contribution to the costs of restructuring and conversion shall not exceed 50 % of those costs. However, in regions classified as Objective 1 in accordance with Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds ( 52 ), the Community contribution shall not exceed 75 %. Without prejudice to Article 14(4), Member States may not contribute to the cost in either case.

Article 14

1.  The Commission shall make initial allocations to Member States per year on the basis of objective criteria taking into account particular situations and needs, and efforts to be undertaken in the light of the objective of the scheme.

2.  Initial allocations shall be adapted in view of real expenditure and on the basis of revised expenditure forecasts submitted by the Member States taking into account the objetive of the scheme and subject to funds available.

3.  Financial allocation between Member State shall take due account of the proportion of the Community vineyard area in the Member State concerned.

4.  Where a financial allocation in respect of a certain number of hectares has been made to a Member State, that Member State may use that financial allocation in respect of a greater number of hectares than that allocated. In this context, the Member State may use national funds to increase the reduced amount per hectare up to the level of the original ceiling per hectare of the Community allocation.

Article 15

Detailed rules for the implementation of this Chapter shall be adopted according to the procedure laid down in Article 75.

These rules may in particular include:

▼M5

▼B

CHAPTER IV

INFORMATION AND GENERAL PROVISIONS

Article 16

1.  The inventory of production potential shall contain the following information:

2.  A Member State may provide that the inventory may be drawn up on a regional basis. However, in this case, all regional inventories shall be drawn up by 31 December 2001. In accordance with the provisions of this Regulation, failure by a region to draw up the inventory shall not prevent the application of this Title in other regions of that Member State.

Article 17

1.  The Commission may assess:

2.  When making these assessments, the Commission may use external assistance.

3.  The Commission shall fund an independent study on the use of interspecific varieties. On the basis of this study it shall present by 31 December 2003 a report to the European Parliament and the Council accompanied, if appropriate, by proposals.

Article 18

1.  Producers of grapes for wine-making and producers of must and wine shall declare each year the quantities produced from the last harvest. Member States may also require merchants of grapes for wine-making to declare each year the quantities marketed from the last harvest.

2.  Producers of must and wine, and merchants other than retailers, shall declare each year their stocks of must and wine, whether from the current year's harvest or from the harvest of preceding years. Must and wine imported from third countries shall be stated separately.

Article 19

1.  Member States shall classify vine varieties for the production of wine. All classified varieties shall belong to the specifies Vitis vinifera or come from a cross between this species and other species of the genus Vitis. The following varieties may not be included in the classification:

2.  In their classification, Member States shall indicate the vine varieties suitable for the production of each of the quality wines psr produced in their territory. These varieties shall be of the species Vitis vinifera.

▼A1

Should Poland be classified as a wine growing zone under Article 1(3), Poland shall upon accession indicate the vine varieties suitable for the production of each of the quality wines produced in its territory.

▼B

3.  Only those vine varieties which are shown in the classification may be planted, replanted or grafted within the Community for the purpose of wine production. This restriction shall not apply to vines used for scientific research and experiments.

4.  Areas planted with vine varieties for the purpose of wine production not entered in the classification shall be grubbed up, save where the production of those areas is intended exclusively for the consumption of the wine producer' family. Member States shall take the measures necessary to monitor this exception.

5.  Where varieties are deleted from the classification, grubbing-up shall take place within 15 years of their deletion.

Article 20

The rules governing the Community vineyard register shall be those set out in Regulation (EEC) No 2392/86.

Article 21

Chapters I and II of this Title shall not apply in Member States where wine production does not exceed 25 000 hectolitres per wine year. This production shall be calculated on the basis of the average production during the last five wine years.

Article 22

Member States may adopt more restrictive national rules in respect of the new planting or replanting of vines or grafting-on. They may require that the applications and information provided for in this Title be supplemented by other information necessary for monitoring the development of production potential.

Article 23

1.  Detailed rules for the application of this Chapter shall be adopted in accordance with the procedure laid down in Article 75.

They may in particular deal with:

2.  Provisions for an accompanying document for vine vegetative multiplication materials and detailed rules for its application, including those concerned with control, may be adopted in accordance with the procedure laid down in Article 75.

3.  Regulation (EEC) No 2392/86 may be amended or repealed in accordance with the procedure laid down in Article 75.

4.  In accordance with the procedure laid down in Article 75, it shall be decided whether a Member State has compiled the inventory referred to in Article 16, and whether that decision should be revoked in appropriate circumstances, including where the Member State has failed to update the inventory as necessary.

TITLE III

MARKET MECHANISMS

CHAPTER I

PRIVATE STORAGE AID

Article 24

1.  Aid shall be granted to producers for the private storage of:

2.  The aid shall be granted subject to the conclusion with intervention agencies, between 16 December and 15 February of the following year and on conditions to be determined, of a long-term storage contract.

3.  Long-term storage contracts shall be concluded for a period which ends:

Article 25

1.  The conclusion of storage contracts shall be subject to conditions relating in particular to the quality of the products in question.

2.  For table wines, storage contracts shall contain provisions for the termination of aid payments and of the producer's corresponding obligations in respect of all or part of the quantities stored if market prices for the type of table wine concerned rise above a level to be fixed.

3.  The amount of private storage aid may cover only technical storage costs and interest charges, both of which shall be fixed at a standard rate.

4.  For concentrated grape musts, this amounts may be adjusted by a coefficient corresponding to the degree of concentration.

Article 26

1.  Detailed rules for the application of this Chapter shall be adopted in accordance with the procedure laid down in Article 75.

These rules may in particular provide:

2.  Under the procedure laid down in Article 75, it may be provided:

CHAPTER II

DISTILLATION

Article 27

1.  The overpressing of grapes, whether or not crushed, and the pressing of wine lees shall be prohibited. The refermentation of grape marc for purposes other than distillation shall be prohibited.

2.  Filtering and centrifuging of wine lees shall not be considered as pressing where:

3.  Any natural or legal person or group of persons, with the exception of the persons and groups referred to in paragraph 7, having made wine, shall be required to deliver for distillation all the by-products of that winemaking.

4.  The quantity of alcohol contained in the by-products must be at least equal to 10 % in relation to the volume of alcohol contained in the wine produced if the wine has been made directly from grapes. Save in the case of derogations for technically justified cases, it may not be less than 5 % where the wine has been made by vinification of grape musts, partially fermented grape musts or new wines in fermentation. Should the relevant percentage not be reached, those subject to the obligation shall deliver a quantity of wine from their own production, thus ensuring attainment of that percentage.

Derogations may be made from paragraph 3 and the first subparagraph of this paragraph for categories of producers to be determined, for certain production regions and for wines subject to the distillation referred to in Article 28.

5.  The delivery obligation set out in paragraph 3 may instead be satisfied by delivery of wine to a vinegar manufacturer.

6.  Any natural or legal persons or groups of persons, with the exception of the persons and groups referred to in paragraph 7, who hold by-products of any processing of grapes other than vinification shall be required to deliver them for distillation.

▼M8

7.  Any natural or legal persons or groups of persons who process grapes harvested in wine-growing zone A or in the German part of wine-growing zone B, or on areas planted with vines in the Czech Republic, Malta, Austria, Slovenia or Slovakia shall be required to withdraw the by-products of such processing under supervision and subject to conditions to be determined.

▼B

8.  Those subject to the obligations referred to in paragraph 3 or to that referred to in paragraph 6 may discharge that obligation by the withdrawal of the by-products of vinification under supervision and subject to conditions to be determined.

9.  The buying-in price of grape marc, wine lees and of wine delivered for distillation under this Article shall be EUR 0,995 per % vol/h.

10.  The price paid by the distiller may not be lower than the buying-in price.

11.  The distiller may either:

If wine has been processed into wine fortified for distillation before delivery to the distiller, the aid referred to in (a) shall be paid to the manufacturer of the fortified wine and the product of the distillation may not be delivered to the intervention agency.

12.  It may be decided that delivery of the alcohol to the intervention agency may be replaced by delivery to an operator who has submitted a tender in the framework of sales organised for the disposal of the products of distillation which has been accepted under the procedure referred to in Article 31(1).

13.  Paragraphs 1 to 12 shall not apply to grape juice or concentrated grape juice or grape must or concentrated grape must intended for the preparation of grape juice.

Article 28

1.  Where wine is produced from a grape variety listed in the classification for the same administrative unit as both a wine grape variety and a variety for use for another purpose, any wine which is produced in excess of the normal quantity and which is not exported during the wine year concerned shall be distilled by a date to be determined. Except by derogation, it may not be moved except to a distillery.

2.  The quantity of wine normally produced shall be determined from:

3.  The buying-in price of wine delivered for distillation under this Article shall be EUR 1,34 per % vol; it may vary during a given wine year provided that the average for that wine year remains EUR 1,34 per % vol.

4.  The price paid by the distiller may not be lower than the buying-in price.

5.  The distiller may either:

If wine has been processed into wine fortified for distillation before delivery to the distiller, the aid referred to in (a) shall be paid to the manufacturer of the fortified wine and the product of the distillation may not be delivered to the intervention agency.

6.  It may be decided that delivery of the alcohol to the intervention agency may be replaced by delivery to an operator who has submitted a tender in the framework of sales organised for the disposal of the products of distillation which has been accepted under the procedure referred to in Article 31(1).

7.  This Article shall apply notwithstanding Article 1(2).

Article 29

1.  The Community may provide support for the distillation of table wines and wines suitable for yielding table wines in order to support the wine market and, as a consequence, facilitate the continuation of supplies of wine distillate to those parts of the potable alcohol sector, where the use of such alcohol is traditional.

2.  The support shall take the form of a primary aid and a secondary aid paid to distillers.

3.  The primary aid shall be paid on the basis of the volume of table wine and wine suitable for yielding table wine which is destilled.

4.  The primary aid shall be implemented on the basis of a system of contracts concluded between distillers and wine producers. A minimum price to be paid by distillers to wine producers shall be determined; it may vary during a given wine year provided that the average for that wine year remains at least EUR 2,488 per % vol.

5.  The level of primary aid shall reflect:

6.  The secondary aid shall take the form of a payment to cover reasonable storage costs of the resultant product. It shall serve to facilitate the operation of the primary aid system.

Article 30

1.  There may be a crisis distillation measure if there is an exceptional case of market disturbance caused by serious surpluses and/or problems of quality.

2.  The measure shall have as its objectives:the elimination of specific pockets of surplus;

3.  The measure shall be voluntary on the part of producers.

4.  The measure may be limited to certain categories of wine or certain areas of production. The measure may be applied to quality wine psr only at the request of the Member State concerned.

5.  A criterion for introducing the measure may be a demonstrable deterioration, over time, in the market price for a category of wine or for wines from certain areas of production.

6.  Should the Community use this measure for three years in succession, for a particular type of wine (in a particular area), the Commission shall draw up a report to the European Parliament and the Council on the persistent crisis including, if appropriate, proposals.

Article 31

1.  Alcohol taken over by the intervention agency shall be disposed of either by public auction or by a tendering process. When disposing of such alcohol, as far as possible, the authorities shall avoid affecting the market outlets for alcohol traditionally dependent on the existence of such outlets. It may not be disposed of into the sector of alcohol destined for comestible use.

2.  However, it may be decided that if the supply of the part of that sector where the use of wine alcohol is compulsory is not assured by means of the operation of Articles 27, 28 and 29, such alcohol may be disposed of into that sector.

Article 32

1.  For the wines made by producers who have increased the alcoholic strength by adding sucrose or must having benefited from the aid referred to in Article 34, the buying-in price fixed for each distillation, with the exception of that referred to in Article 27, shall be reduced within each wine-growing area by a similar flat-rate amount calculated on the basis of the level of the aid referred to in Article 34 and the increase in the alcoholic strength prescribed for the wine-growing area concerned.

2.  At the request of the producer concerned, the reduction shall apply only within the limits of the quantities subject to the increased alcoholic strength referred to in paragraph 1.

Article 33

1.  Detailed rules for the application of this Chapter shall be adopted in accordance with the procedure laid down in Article 75.

These rules may in particular include:

2.  The amount of the aids referred to in Articles 27 and 28 which will enable the products obtained to be disposed of, the amount of the aids referred to in Article 29 and rules defining the circumstances which may lead to a triggering of the measure referred to in Article 30 and the level and form of the Community financial support for that measure shall be set by the procedure laid down in Article 75.

CHAPTER III

AIDS FOR SPECIFIC USES

Article 34

1.  Aid is hereby established for the use of:

produced in the Community, when they are used in order to increase alcoholic strengths of the wine products for which such increases are authorised within the meaning of this Regulation.

2.  The grant of aid may be reserved for products coming from wine-growing zone C III if the trade patterns in must and coupage wines cannot be guaranteed without this measure.

3.  The amount of aid shall be fixed in euro per % vol potential alcoholic strength and per hectolitre of concentrated grape must or rectified concentrated grape must, taking into account the difference between the cost of enrichment by means of these products and by means of sucrose.

Article 35

1.  Aid is hereby established for the use of:

2.  By way of derogation from paragraph 1(b), where the geographical restriction related to the production of grape musts and concentrated grape musts referred to in that point gives rise to distortion of competition, it may be decided to extend the granting of the aid to grape musts and concentrated grape musts produced in regions of the Community other than zone C III:

3.  The aids referred to in paragraph 1 shall be reserved for the use of products coming from vine varieties which are classified exclusively as wine grapes or as both a wine grape variety and variety for use for another purpose and may equally be granted to grapes of Community origin coming from the same varieties.

4.  The amounts of aid must be fixed so that the supply costs for grape musts and concentrated grape musts originating in the Community are such that they may maintain their traditional market outlets.

▼M4 —————

▼B

Article 36

Detailed rules for the application of this Chapter shall be adopted in accordance with the procedure laid down in Article 75.

These rules shall in particular include:

CHAPTER IV

GENERAL PROVISIONS

Article 37

Producers subject to the obligations referred to in Articles 27 and 28 shall be entitled to benefit from intervention measures under this Title provided that they have complied with the above obligations for a reference period to be determined. That period, and the detailed rules for the implementation of this Article, shall be adopted in accordance with the procedure laid down in Article 75.

Article 38

1.  Where excessively high prices for a type of wine are recorded on the Community market and the situation is likely to continue, thereby disturbing that market, the necessary measures may be taken by the Commission.

2.  To the extent necessary to support the market in table wines, interventions measures may be adopted in respect of the products listed in Article 1(2)(b) other than table wine in accordance with the procedure laid down in Article 75.

TITLE IV

PRODUCER ORGANISATIONS AND SECTORAL ORGANISATIONS

CHAPTER I

PRODUCER ORGANISATIONS

Article 39

1.  ‘Producer organisation’, if recognised under this Regulation, means any legal entity:

2.  Producer organisations recognised under this Regulation shall be required to be able to impose appropriate penalties on their members for infringement of obligations under the rules of association

3.  Member States may recognise as producer organisations for the purposes of this Regulation, all producer groups applying for such recognition, on condition that:

Article 40

1.  Member States shall:

2.  The Commission shall check that Article 39 and paragraph 1(b) of this Article are complied with by carrying out checks and in the light of such checks shall, where appropriate, call on Member States to withdraw recognition.

CHAPTER II

SECTORAL ORGANISATIONS

Article 41

1.  In order to improve the operation of the market in quality wines psr and table wines described by means of a geographical indication, producer Member States, particularly in implementing decisions taken by sectoral organisations, may lay down marketing rules to regulate supply on first marketing, provided that such rules relate to the retention and/or gradual release of produce, to the exclusion of any other concerted practice such as:

2.  The rules referred to in paragraph 1 must be brought to the attention of operators, in extenso, by publication in an official publication of the Member State concerned.

3.  Every year Member States which have availed themselves of the possibilities offered by paragraph 1 shall report to the Commission on decisions adopted the previous year by virtue of those possibilities. The Commission shall examine whether they comply with Community law, in particular the rules on free movement (Articles 28 to 31 of the Treaty), and competition (Articles 81 to 86 of the Treaty) and the principle of non-discrimination (Article 34(3) of the Treaty).

4.  The organisations referred to in paragraph 1 shall carry out several of the following measures in one or more regions of the Community, taking account of the interests of consumers:

TITLE V

OENOLOGICAL PRACTICES AND PROCESSES, DESCRIPTION, DESIGNATION, PRESENTATION AND PROTECTION

CHAPTER I

OENOLOGICAL PRACTICES AND PROCESSES

Article 42

1.  Authorised Community oenological practices and processes are established for the production of the products covered by this Regulation other than grape juice and concentrated grape juice and grape must and concentrated grape must intended for the preparation of grape juice.

2.  Authorised oenological practices and processes may only be used for the purposes of ensuring proper vinification, proper preservation or a proper refinement of the product.

3.  Authorised oenological practices and processes shall exclude the addition of water, except where required by specific technical necessity, as well as the addition of alcohol, except for fresh grape must with fermentation arrested by the addition of alcohol, liqueur wine, sparkling wine, wine fortified for distillation and, in conditions to be determined, semi-sparkling wine.

4.  Member States may, in respect of oenological practices and processes, impose stricter conditions to ensure the preservation of the essential characteristics of quality wines psr, table wines which are described by a geographical indication and are produced in their territory, sparkling wines and liqueur wines. They shall communicate these conditions to the Commission, which shall bring them to the attention of the other Member States.

5.  Except where otherwise decided, only grapes belonging to varieties listed in the classification established in accordance with Article 19 as wine grape varieties, or products derived therefrom, may be used in the Community for the manufacture of:

6.  Coupage of a wine suitable for yielding a white table wine or of a white table wine with a wine suitable for yielding a red table wine or with a red table wine may not yield a table wine.

However, this provision shall not prevent, in certain cases to be determined, such a coupage as referred to in the first subparagraph, provided that the resultant product has the characteristics of a red table wine.

By way of derogation from the first subparagraph, such a coupage shall be permitted until 31 July 2005, in areas where such a practice was traditional, in accordance with detailed rules to be laid down.

Article 43

1.  The authorised oenological practices and processes are set out in Annex IV and Annex V.

2.  In particular:

Article 44

▼M5

1.  Of the products falling within CN codes 2204 10, 2204 21 and 2204 29, only liqueur wines, sparkling wines, aerated sparkling wines, semi-sparkling wines, aerated semi-sparkling wines, quality wines psr, table wines, wines obtained from over-ripened grapes and where appropriate, notwithstanding Article 45, legally imported wines may be offered or delivered for direct human consumption within the Community.

▼B

2.  Except for bottled wine in respect of which there is evidence that bottling was performed prior to 1 September 1971, wine other than quality wine psr obtained from the vine varieties referred to in Article 42(5) but not corresponding to the definitions contained in items 12 to 18 of Annex I may be used only for consumption by individual wine-producers' families, for the production of wine vinegar or for distillation.

3.  In years when climatic conditions have been unfavourable, it may be decided that products from wine-growing zones A and B which do not possess the minimum natural alcoholic strength by volume laid down for the wine-growing zone in question may be used in the Community for the production of sparkling wine and aerated sparkling wine, provided that such wines have an actual alcholic strength by volume of not less than 8,5 % vol, or for the production of aerated semi-sparkling wine. In that event, they shall be enriched subject to the limits referred to in paragraph 5 of point D of Annex V.

4.  Without prejudice to any more restrictive provisions which Member States apply with respect to this preparation in their territory of products not falling within CN codes 2204 10, 2204 21 and 2204 29, fresh grape must with fermentation arrested by the addition of alcohol may be used only in the preparation of such products.

5.  Grape juice and concentrated grape juice originating in the Community may not be made into wine or added to wine. These products shall be subject to control with respect to their use. They may not undergo alcoholic fermentation in the territory of the Community.

6.  The provisions of paragraphs 4 and 5 shall not apply to products intended for the production, in the United Kingdom, Ireland ►A1  and Poland ◄ , of products falling within CN code 2206 00 for which, pursuant to Annex VII, paragraph 2 of point C, Member States may allow the use of a composite name including the word ‘wine’.

7.  Wine suitable for yielding table wine which does not reach the minimum actual alcoholic strength by volume for table wines may not be put into circulation except for the production of sparkling wine, vinegar making, distillation and other industrial uses. The enrichment of such wine and coupage thereof with a table wine in order to bring its actual alcoholic strength by volume up to the level laid down for a table wine may take place only on the premises of the wine-maker or on his behalf.

8.  With the exception of alcohol, spirits and piquette, neither wine nor any other beverage intended for direct human consumption may be made from wine lees or grape marc.

9.  Piquette, where its production is authorised by the Member State concerned, may be used only for distillation or for consumption in the families of individual wine-growers.

10.  Wine fortified for distillation may only be used for distillation.

11.  Grape must in fermentation, extracted from raisined grapes, may 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 wine of overripe grapes.

12.  Fresh grapes, grape must, grape must in fermentation, concentrated grape must, rectified concentrated grape must, grape must with fermentation arrested by the additional of alcohol, grape juice and concentrated grape juice originating in third countries may not be turned into wine or added to wine in the territory of the Community.

13.  The products referred to in paragraph 12 may not undergo alcoholic fermentation within the territory of the Community. This provision shall not apply to products intended for the production in the United Kingdom, Ireland ►A1  and Poland ◄ of products falling within CN code 2206 00 for which, pursuant to Annex VII, paragraph 2 of point C, Member States may allow the use of a composite name including the word ‘wine’.

14.  Coupage of a wine originating in a third country with a Community wine and coupage in the geographical territory of the Community between wines originating in third countries shall be prohibited.

15.  The Council may derogate from paragraph 12, the first sentence of paragraph 13 and paragraph 14, in accordance with the international obligations of the Community.

Article 45

1.  Except by way of derogation, the following products may not be offered or disposed of for direct human consumption:

2.  The derogations referred to in paragraph 1 for imported products shall be adopted in accordance with the procedure laid down in Article 133 of the Treaty.

Article 46

1.  Detailed rules for the application of this Chapter, and Annexes IV and V, shall be adopted in accordance with the procedure laid down in Article 75.

These rules shall, in particular, provide for:

2.  The following rules shall be adopted according to the procedure laid down in Article 75:

3.  The methods of analysis for determining the composition of the products covered by this Regulation and the rules whereby it may be established whether these products have undergone processes contrary to authorised oenological practices shall be adopted in accordance with the procedure laid down in Article 75.

Using the same procedure there shall be adopted, if required, maximum figures for substances whose presence indicates that certain oenological practices have been used, and comparative analysis tables.

However, where no provision is made for Community methods of analysis or for the rules referred to in the first subparagraph for the detection and quantification of substances sought in the product in question, the methods of analysis to be used shall be:

Automatic methods of analysis used instead of a Community method of analysis shall be considered equivalent to the Community methods of analysis referred to in the first subparagraph, provided it is established, under the procedure laid down in Article 75, that the results obtained are, as to their accuracy, repeatability and reproducibility, at least equal to the results obtained by the corresponding Community method.

CHAPTER II

DISCRIPTION, DESIGNATION, PRESENTATION AND PROTECTION OF CERTAIN PRODUCTS

Article 47

1.  Rules relating to the description, designation and presentation of certain products covered by this Regulation, and the protection of certain particulars and terms are set out in this Chapter and in Annexes VII and VIII. The rules shall take into account, in particular, the following objectives:

2.  The rules mentioned in paragraph 1 shall include, in particular, provisions:

3.  The rules referred to in paragraph 1 shall apply to the description of the products there indicated:

4.  The rules referred to in paragraph 1 shall apply to the presentation of the products there indicated in respect of:

5.  The rules referred to in paragraph 1 shall apply to products held for sale and to products put on the market.

Article 48

The description and presentation of the products referred to in this Regulation, and any form of advertising for such products, must not be incorrect or likely to cause confusion or to mislead the persons to whom they are addressed, particularly as regards:

Article 49

1.  Products whose description or presentation does not conform to the provisions of this Regulation or the detailed rules adopted for its implementation may not be held for sale or put on the market in the Community or exported.

However, in the case of products intended for export, derogations from the provisions of this Regulation may:

2.  The Member State on whose territory the product whose description or presentation does not conform to the provisions referred to in paragraph 1 is located shall take the necessary steps to impose penalties in respect of infringements committed, according to their gravity.

The Member State may, however, grant an authorisation for the product to be held for sale, put on the market in the Community or exported, provided that its description or presentation is changed to conform to the provisions referred to in paragraph 1.

Article 50

1.  Member States shall take all necessary measures to enable interested parties to prevent, on the terms set out in Articles 23 and 24 of the Agreement on Trade-Related Aspects of Intellectual Property Rights, the use in the Community of a geographical indication attached to the products referred to in Article 1(2)(b) for products not originating in the place indicated by the geographical indication in question, even where the true origin of the goods is indicated or the geographical indication is used in translation or accompanied by expressions such as ‘kind’, ‘type’, ‘style’, ‘imitation’ or the like.

2.  For the purposes of this Article, ‘geographical indications’ is taken to mean indications which identify a product as originating in the territory of a third country which is a member of the World Trade Organisation or in a region or locality within that territory, in cases where a certain quality, reputation or other given characteristic of the product may be attributed essentially to that geographical place of origin.

3.  Paragraphs 1 and 2 shall apply notwithstanding other specific provisions in Community legislation laying down rules for the designation and presentation of the products covered by this Regulation.

Article 51

1.  For the purposes of applying this Title, a ‘geographical unit which is smaller than the Member State’, shall be taken to mean the name of:

2.  The use of a geographical indication to designate table wines resulting from the coupage of wines from grapes harvested in different wine-growing areas shall be permitted if at least 85 % of the table wine resulting from the coupage originates in the wine-growing area whose name it bears.

However, the use, to describe white table wines, of a geographical indication relating to a wine-growing area situated within wine-growing zone A or wine-growing zone B shall be permitted only if the products comprising the blend are from the wine-growing zones in question or if the wine in question is a blend of table wines from wine-growing zone A and table wines from wine-growing zone B.

3.  Member States may make the use of a geographical indication for designating a table wine conditional, in particular, on the wine having been produced wholly from certain clearly specified vine varieties and coming exclusively from the territory, precisely demarcated, whose name it bears.

Article 52

1.  If a Member State uses the name of a specified region to designate a quality wine psr or, where appropriate, a wine intended for processing into such a quality wine psr, that name may not be used to designate products of the wine sector not produced in that region and/or products not designated by the name in accordance with the provisions of the relevant Community and national rules. This shall also apply if a Member State has used the name of a local administrative area or part thereof or a small locality solely to designate a quality wine psr or, where appropriate, a wine intended for processing into such a quality wine psr.

Without prejudice to the Community provisions concerning specific types of quality wine psr, Member States may, in the case of certain conditions of production which they shall determine, authorise the name of a specified region to be accompanied by details relating to the method of manufacture or the type or by the name of a vine variety or a synonym thereof.

Notwithstanding the first subparagraph, the Council, acting by a qualified majority on a proposal from the Commission may decide, until 31 August 2001, to allow certain geographical names traditionally used to designate a table wine and which have become the name of a given region to continue to be used also to designate table wines for a maximum of three wine years.

2.  The following names and terms:

may be used for the description, presentation and advertising of a beverage other than a wine or grape must only if there is no risk of confusion as to the nature, origin or source and composition of such beverage.

3.  The use of a name or a term as referred to in point 2 or of the words ‘Hock’, ‘Claret’, ‘Liebfrauenmilch’ and ‘Liebfraumilch’,even when accompanied by a word such as ‘kind’, ‘type’, ‘style’, ‘imitation’ or other similar expression, shall be prohibited with respect to the description and presentation of:

4.  The names:

may only be used for the description, presentation or advertising of a beverage other than wine or grape must on condition:

However, even if the recognition referred to in point (a) has not taken place, those names may continue to be used until 31 December 2000 provided that there is compliance with point (b).

Article 53

1.  The detailed rules for the implementation of this Chapter and Annexes VII and VIII shall be adopted in accordance with the procedure laid down in Article 75. The rules shall govern in particular the derogations, conditions and authorisations provided for in those Annexes.

2.  The following provisions shall be adopted in accordance with the procedure laid down in Article 75:

TITLE VI

QUALITY WINE PRODUCED IN SPECIFIED REGIONS

Article 54

1.  Quality wines produced in specified regions (‘quality wines psr’) shall mean wines which comply with the provisions of this Title and the Community and national provisions adopted in this connection.

2.  ‘Quality wines psr shall cover the following categories:’

3.  Products suitable for yielding a quality wine psr shall be defined as being:

4.  Member States shall forward to the Commission the list of quality wines psr which they have recognised, stating, for each of these quality wines psr, details of the national provisions governing the production and manufacture of those quality wines psr.

5.  The Commission shall publish the list in the ‘C’ Series of the Official Journal of the European Communities.

Article 55

1.  The provisions covering the production of quality wines psr shall, in addition to any national rules adopted pursuant to Article 57(1), and regard being had to the traditional conditions of production in so far as these are not such as to prejudice the policy of encouraging quality production and the smooth operation of a single market, be based on the following factors:

2.  The provisions referred to in paragraph 1 are set out in Annex VI at points A to J.

3.  The provisions of point K of Annex VI shall apply in respect of quality sparkling wine psr only. The provisions of point L of Annex VI shall apply to quality liqueur wine psr only.

Article 56

1.  Member States shall draw up the rules in accordance with which, at the production stage:

2.  The downgrading af a quality wine psr at the marketing stage shall be effected:

3.  The downgrading referred to in paragraph 2 shall be decided on in particular where the competent body has established that:

Article 57

1.  In addition to the factors listed in Article 55, producer Member States may, taking into account fair and traditional practices, determine such other conditions of production and characteristics as shall be obligatory for quality wines psr.

2.  In addition to the other provisions laid down in this Regulation, producer Member States may, taking into account fair and traditional practices, lay down additional or more stringent characteristics or conditions of production, manufacture and movement in respect of the quality wines psr produced in their territory.

Article 58

Detailed rules for the application of this Title and Annex VI shall be adopted in accordance with the procedure laid down in Article 75.

These rules may include:

TITLE VII

TRADE WITH THIRD COUNTRIES

Article 59

1.  Import into the Community of any of the products listed in Article 1(2)(a) and (b) shall be subject to presentation of an import licence. Imports into the Community of any other products listed in Article 1(2) and exports from the Community of any products listed in Article 1(2) may be subject to presentation of an import or export license.

2.  Licences shall be issued by Member States to any applicant, irrespective of his place of establishment in the Community and without prejudice to measures taken for the application of Articles 62 and 63.

Licences shall be valid throughout the Community.

Such licences shall be issued subject to the lodging of a security guaranteeing that the products are imported or exported during the term of validity of the licence; save in cases of force majeure, the security shall be forfeited in whole or in part if import or export is not carried out, or is carried out only partially, within that period.

3.  The following shall be adopted in accordance with the procedure laid down in Article 75:

Article 60

1.  Unless this Regulation provides otherwise, the rates of duty in the Common Custom Tariff shall apply to the products listed in Article 1(2).

2.  For juice and musts falling within CN code 2009 60 and 2204 30 for which the application of the Common Customs Tariff duties depends on the import price of the product, the actual amount of this price shall be verified either by checking every consignment or be using a flat-rate import value calculated by the Commission on the basis of price quotations for the same products in the countries of origin.

Should the declared entry price of the consignment be higher than the flat-rate import value, if such applies, increased by a margin adopted in accordance with paragraph 3 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, in the case referred to in the second subparagraph, 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 in accordance with paragraph 3, of the relevant provisions of customs legislation.

3.  In the event that derogations in Article 44(15) are applied to imported products, importers shall lodge a security for those products with the designated customs authorities at the time of release for free circulation. The security shall be equal to an amount to be specified. The security shall be released on presentation by the importer of proof, to the satisfaction of the customs authorities of the Member State of release for free circulation, that the musts were made into grape juice, used in other products outside the wine sector or, if vinified, have been appropriately labelled.

4.  Detailed rules of application for this Article shall be adopted using the procedure laid down in Article 75. These rules shall in particular cover the setting of criteria for determining which control method is to be applied and what factors are to enter into the calculation of flat-rate import values, the level of security referred to in paragraph 3 and the rules governing the release of this security.

Article 61

1.  In order to prevent or counteract adverse effects on the market in the Community which may result from imports of certain products listed in Article 1(2), imports of one or more such products at the rate of duty laid down in the Common Customs Tariff shall be subject to payment of an additional import duty if the conditions set out in Article 5 of the Agreement on Agriculture concluded in accordance with Article 300 of the Treaty in the framework of the Uruguay Round of multilateral trade negotiations have been fulfilled, unless the imports are unlikely to disturb the Community market, or where the effects would be disproportionate to the intended objective.

2.  The trigger prices below which an additional import duty may be imposed shall be those forwarded by the Community to the World Trade Organisation.

The trigger volumes which must be exceeded for an additional import duty to be imposed shall be determined in particular on the basis of Community imports over the three years preceding the year in which the adverse effects referred to in paragraph 1 have occured or are likely to occur.

3.  The import prices to be taken into account for the imposition of an additional import duty shall be determined on the basis of the cif import prices of the shipment concerned.

The cif import prices shall be verified for this purpose on the basis of representative prices for the product in question on the world market, or on the Community import market for the product.

4.  The Commision shall adopt detailed rules for the application of this Article in accordance with the procedure laid down in the Article 75. Such detailed rules shall specify in particular:

Article 62

1.  Tariff quotas for the products covered by this Regulation resulting from agreements concluded in accordance with Article 300 of the Treaty or from any other act of the Council shall be opened and administered by the Commission in accordance with detailed rules adopted under the procedure laid down in Article 75.

2.  Quotas shall be administered by applying one of the following methods or a combination of them:

Other appropriate methods may be adopted. They shall avoid any discrimination between the operators concerned.

3.  The method of administration adopted shall, where appropriate, give due weight to the supply requirements of the Community market and the need to safeguard the equilibrium of that market, while at the same time possibly drawing on the methods which have been applied in the past to quotas corresponding to those referred to in paragraph 1, without prejudice to the rights resulting from agreements concluded as part of the Uruguay Round of trade negotiations.

4.  The detailed rules referred to in paragraph 1 shall provide for annual quotas, if necessary, suitably phased in over the year and shall determine the administrative method to be used and, where appropriate, shall include:

Article 63

1.  To the extent necessary to enable the export of:

on the basis of prices for those products in international trade and within the limits resulting from agreements concluded in accordance with Article 300 of the Treaty, the difference between those prices and prices in the Community may be covered by export refunds.

2.  For the allocation of the quantities which may be exported with refunds, the method shall be established which:

3.  Refunds shall be the same for the whole Community. They may vary according to destination where the situation on the international market or the specific requirements of certain markets make this necessary.

The refunds referred to in paragraph 1(a) shall be fixed in accordance with the procedure laid down in Article 75. They shall be fixed at regular intervals.

Refunds fixed at regular intervals may, where necessary, be adjusted in the intervening period by the Commission at the request of a Member State or on its own initiative.

The provisions of Article 64 regarding the products referred to therein shall apply on a supplementary basis.

4.  Refunds shall be granted only on application and on presentation of the relevant export licence.

5.  The refund applicable to exports of products listed in Article 1 shall be that applicable on the day of application for the licence and, in the case of a differentiated refund, that applicable on the same day:

Appropriate measures may be taken to preclude abuse of the flexibility provided for in this paragraph.

6.  Paragraphs 4 and 5 may be waived in the case of products listed in Article 1 on which refunds are paid under food-aid operations, in accordance with the procedure laid down in Article 75.

7.  Compliance with the limits on volumes arising from agreement concluded in accordance with Article 300 of the Treaty shall be ensured on the basis of the export certificates issued for the reference periods provided for therein and applicable to the products concerned.

With regard to compliance with the obligations arising under agreements concluded in the framework of the Uruguay Round of trade negotiations, the ending of a reference period shall not affect the validity of export licences.

8.  Detailed rules for the application of this Article, including provisions on redistribution of unallocated or unused exportable quantities, shall be adopted in accordance with the procedure laid down in Article 75.

Article 64

1.  This Article shall apply to the refunds referred to in Article 63(1).

2.  The amount of the refund for products referred to in Article 63(1)(b) shall be:

To qualify for the refund, processed products must, on export, be accompanied by a declaration from the applicant indicating the amounts of raw sugar, white sugar, glucose and glucose syrup used in their manufacture.

The accuracy of this declaration shall be subject to checks by the competent authorities of the Member State concerned.

3.  The following shall be taken into account when refunds are being fixed:

4.  Community market prices referred to in Article 63(1) shall be determined on the basis of the most advantageous export prices.

The following shall be taken into account when the prices in international trade referred to in Article 63(1) are being determined:

5.  Without prejudice to the third subparagraph of Article 63(3), the intervals at which the list of products for which a refund is actually granted is to be fixed and the amount of that refund shall be determined in accordance with the procedure laid down in Article 75.

6.  The refund shall be paid on proof that the products:

Additional provisions may be adopted in accordance with the procedure laid down in Article 75.

7.  Without prejudice to paragraph 6(a), in the absence of a derogation granted in accordance with the procedure laid down in Article 75, no export refund shall be granted on products imported from third countries and re-exported to third countries.

Article 65

1.  To the extent necessary for the proper working of the common organisation of the market in wine, the Council, acting by a qualified majority on a proposal form the Commission, may in particular cases prohibit the use of inward-processing arrangements wholly or partially in respect of the products listed in Article 1.

2.  By way of derogation from paragraph 1, if the situation referred to in that paragraph occurs with particular urgency and if the Community market is, or is likely to be, disturbed by outward or inward-processing arrangements, the Commission shall, at the request of a Member State or on its own initative, decide on the necessary measures; the Council and the Member States shall be notified of such measures, the period of validity of which may not exceed six months and which shall apply immediately. If the Commission receives a request from a Member State, it shall take a decision thereon within one week of receipt of the request.

3.  The Commissions' decision may be referred to the Council by any Member State within one week following the day of notification. The Council, acting by a qualified majority, may confirm, amend or annul the Commission's decision. If the Council has not reached a decision within three months, the Commission's decision shall be deemed to have been repealed.

Article 66

1.  The general rules for the interpretation of the Combined Nomenclature and the special rules for its application shall apply to the classification of products covered by this Regulation; the tariff nomenclature resulting from the application of this Regulation shall be incorporated in the Common Customs Tariff.

2.  Save as otherwise provided for this Regulation or pursuant to a provision thereof, the following shall be prohibited:

Article 67

1.  The import of the products covered by this Regulation to which alcohol has been added with the exception of those products equivalent to products originating in the Community in respect of which such a mixture is permitted, shall be prohibited.

2.  Detailed rules for the application of this Article, and in particular the conditions for the equivalence of products, and derogations from paragraph 1 shall be adopted in accordance with the procedure laid down in Article 75.

Article 68

1.  The products referred to in Article 1(2)(a) and (b) may be imported only if the following conditions are fulfilled:

2.  Provisions may be made under the procedure laid down in Article 75 for:

3.  Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 75.

Article 69

1.  If, by reason of imports or exports, the Community market in one or more of the products listed in Article 1(2) is affected by, or is threatened with, serious disturbance likely to jeopardise the achievement of the objectives set out in Article 33 of the Treaty, appropriate measures may be applied in trade with third countries until such disturbance has ceased.

In order to assess whether the situation justifies the application of such measures, the following in particular must be taken into account:

The Council, acting by a qualified majority on a proposal from the Commission, shall adopt general rules for the application of this paragraph and define the cases in which and the limits within which Member States may take interim protective measures.

2.  If the situation referred to in paragraph 1 arises, the Commission shall, at the request of a Member State or on its own initiative, decide on the necessary measures; the Member States shall be notified of such measures, which shall be immediately applicable. If the Commission receives a request from a Member State, it shall take a decision thereon within three working days of receipt of the request.

3.  Measures decided on by the Commission may be referred to the Council by any Member State within three working days of the day of notification. The Council shall meet without delay. It may, acting by a qualified majority, amend or annul the measures in question.

4.  This Article shall be applied having regard to the obligations arising from the international agreements concluded in accordance with Article 300(2) of the Treaty.

TITLE VIII

GENERAL, TRANSITIONAL AND FINAL PROVISIONS

Article 70

1.  The products covered by this Regulation may be put into circulation within the Community only with an officially checked accompanying document.

2.  Natural or legal persons or groups of persons who hold such products in the exercise of their trade, in particular producers, bottlers and processors, as well as merchants to be determined, shall be obliged to keep goods inwards and outwards registers in respect of those products.

3.  Detailed rules for the application of this Article, and in particular the nature and form of the document referred to in paragraph 1, and the derogations from this Article, shall be adopted in accordance with the procedure laid down in Article 75.

Article 71

1.  Save as otherwise provided in this Regulation, Articles 87, 88 and 89 of the Treaty shall apply to the production of and trade in the products covered by this Regulation.

2.  Chapter II of Title II shall not impede the granting of national aid designated to achieve objectives similar to those sought by that Chapter. Paragraph 1 shall nevertheless apply to such aids.

Article 72

1.  Member States shall designate one or more authorities which shall be responsible for ensuring compliance with Community rules in the wine sector. They shall also designate the laboratories authorised to carry out official analyses in the wine sector.

2.  Member States shall inform the Commission of the names and addresses of these authorities and laboratories. The Commission shall forward this information to the other Member State.

3.  The Commission shall set up a body of specific officials to collaborate with the competent authorities of the Member States in on-the-spot checks in order to ensure the uniform application of the rules in the wine sector.

4.  Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 75.

These rules may in particular include provisions:

Article 73

Member States and the Commission shall communicate to each other the information necessary for implementing this Regulation. Detailed rules governing such communication, including the nature and format of the information to be transmitted, and time limits for its communication as well as distribution of the information gathered shall be adopted in accordance with the procedure laid down in Article 75.

▼M10 —————

▼B

Article 77

1.  This Regulation shall be so applied that appropriate account is taken, at the same time, of the objectives set out in Article 33 and 131 of the Treaty.

2.  This Regulation shall be applied having regard to the obligations arising from the international agreements concluded in accordance with Article 300(2) of the Treaty.

Article 78

1.  Regulation (EC) No 1258/1999 and the provisions adopted in implementation thereof shall apply to the products covered by this Regulation.

2.  The premium referred to in Chapter II of Title II, the support referred to in Chapter III of that Title, the aid referred to in Chapter I of Title III, the buying-in and support referred to in Chapter II of that Title and the aids referred to in Chapter III of that Title and the refunds referred to in Title VII shall be regarded as intervention designed to stabilise agricultural markets within the meaning of Article 2(2) of Regulation (EC) No 1258/1999.

3.  Notwithstanding any more restrictive provisions, the Community support which may be granted under Title III and the refunds which may be granted under Title VII may only be granted in respect of products produced in the Community from grapes harvested in the Community.

Article 79

With a view to preventing surpluses of table wine and wines suitable for yielding table wine, the Member States may set a limit for crop yields expressed as an amount of hectolitres per hectare, the overshoot of which shall result in the producers' ineligibility for benefits under this Regulation.

Article 80

In accordance with the procedure laid down in Article 75, measures shall be adopted:

Article 81

Regulations (EEC) No 346/79, (EEC) No 351/79, (EEC) No 460/79, (EEC) No 456/80, (EEC) No 457/80, (EEC) No 458/80, (EEC) No 1873/84, (EEC) No 895/85, (EEC) No 822/87, (EEC) No 823/87, (EEC) No 1442/88, (EEC) No 3877/88, (EEC) No 4252/88, (EEC) No 2046/89, (EEC) No 2048/89, (EEC) No 2389/89, (EEC) No 2390/89, (EEC) No 2391/89, (EEC) No 2392/89, (EEC) No 3677/89, (EEC) No 3895/91, (EEC) No 2332/92 and (EEC) No 2333/92 are hereby repealed.

Article 82

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

It shall apply from 1 August 2000.

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

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ANNEX I

PRODUCT DEFINITIONS

The following definitions shall apply to:

The definitions of wine products to which this Annex does not apply shall be adopted as necessary in accordance with this Regulation, by the procedure laid down in Article 75.

1.	Fresh grapes: 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.

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

3.

Grape must in fermentation: the product obtained from the fermentation of grape must and with an actual alcoholic strength by volume of more than 1 % vol. but less than three fifths of its total alcoholic strength by volume: however, certain quality wines psr having an actual alcoholic strength by volume of less than three fifths of their total alcoholic strength by volume but not less than 4,5 % vol. are not considered as grape must in fermentation. ►A1  The quality wine psr ‘Tokaji eszencia’ originating in Hungary is not considered as grape must in fermentation. ◄

4.

Grape must in fermentation extracted from raisined grapes: 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 by volume of which may not be less than 8 % vol. However, certain wines that meet these requirements are not considered as grape must in fermentation extracted from raisined grapes.

5.

Fresh grape must with fermentation arrested by the addition of alcohol: a product which: — has an actual alcoholic strength by volume of not less than 12 % vol. but less than 15 % vol., and — is obtained by addition to unfermented grape must having a natural alcoholic strength by volume of not less than 8,5 % vol. and derived exclusively from vine varieties referred to in Article 42(5): —  — either of neutral alcohol of vinous origin, including alcohol obtained from the distillation of dried grapes, having an actual alcoholic strength by volume of not less than 95 % vol., — or of an unrectified product derived from the distillation of wine and having an actual alcoholic strength by volume of not less than 52 % vol. and not more than 80 % vol.

6.

Concentrated grape must: 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 at a temperature of 20 oC is not less than 50,9 %; — derived exclusively from vine varieties referred to in Article 42(5); — obtained from grape must having at least the minimum natural alcoholic strength by volume laid down for the vine-growing zone in which the grapes were harvested. An actual alcoholic strength by volume of the concentrated grape must of not more than 1 % vol. is permissible.

7.

Rectified concentrated grape must: the liquid uncaramelised product which: — 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 at a temperature of 20 oC is not less than 61,7 %; — has undergone authorised treatment for deacidification and elimination of constituents other than sugar; — has the following characteristics: —  — a pH of not more than 5 at 25 o 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 o Brix, — a sucrose content undetectable by a method of analysis to be defined, — a Folin-Ciocalteau index of not more than 6,00 at 25 o 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 o Brix and 20 oC 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, — is derived exclusively from the vine varieties referred to in Article 42(5), — is obtained from grape must having at least the minimum natural alcoholic strength by volume laid down for the vine-growing zone in which the grapes were harvested. An actual alcoholic strength by volume of the rectified concentrated grape must of not more than 1 % vol. is permissible.

8.

Grape juice: the unfermented but fermentable liquid product obtained by appropriate treatment rendering it fit for consumption as it is; it may be obtained: (a) from fresh grapes or from grape must, or (b) by reconstitution: — from conentrated grape must; or — from concentated grape juice. An actual alcoholic strength by volume of the grape juice of not more than 1 % vol. is permissible.

9.

Concentrated grape juice: 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 oC is not less than 50,9 %. An actual alcoholic strength by volume of the concentated grape juice of not more than 1 % vol. is permissible.

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

11.	New wine still in fermentation: wine in which alcoholic fermentation is not yet complete and which is not yet separated from its lees.

12.	Wine suitable for yielding table wine: wine which: — is derived exclusively from vine varieties referred to in Article 42(5); — is produced in the Community, and — has at least the minimum natural alcoholic strength by volume laid down for the vine-growing zone in which it was produced.

13.

Table wine: wine other than quality wine psr which: — is derived exclusively from vine varieties referred to in Article 42(5); — is produced in the Community; — has, whether or not following application of the processes specified in point D of Annex V, an actual alcoholic strength by volume of not less than 8,5 % vol. provided the wine derives exclusively from grapes harvested in vine-growing zones A and B, and of not less than 9 % vol. in other vine-growing zones, and a total alcoholic strength by volume of not more than 15 % vol.; — subject to derogations which may be adopted, has a total acidity content, expressed as tartaric acid, of not less than 3,5 grams per litre or 46,6 milliequivalents per litre. However, in the case of wines from certain vine-growing areas to be determined which have been produced without any enrichment, the upper limit for the total alcoholic strength by volume may be raised to 20 % vol. ‘Retsina’ table wine is table 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’ table wine under the conditions laid down in the Greek provisions applicable.

14.

Liqueur wine: the product: A. Having: — an actual alcoholic strength by volume of not less than 15 % vol. and not more than 22 % vol.; — an overall alcoholic strength by volume of not less than 17,5 % vol., except for certain quality liqueur wines produced in specified regions (quality liqueur wines psr) appearing on a list to be drawn up; B. obtained: (a) from: — grape must in fermentation; or — wine; or — a combination of the above products; or — in the case of certain quality liqueur wines psr to be determined, grape must or a mixture thereof with wine, all these products being required, in the case of liqueur wines and quality liqueur wines psr: — to be derived from vine varieties which shall be selected from among those referred to in Article 42(5); and — with the exception of certain quality liquer wines psr appearing on a list to be drawn up, to have an initial natural alcoholic strength by volume of not less than 12 % vol.; (b) and by addition: (i) individually or in combination: — of neutral alcohol of vine origin, including alcohol produced from the distillation of dried grapes, having an actual alcoholic strength by volume of not less than 96 % vol.; — of wine or dried grape distillate, having an actual alcoholic strength by volume of not less than 52 % vol. and not more than 86 % vol.; (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 (i) with a grape must referred to in the first and fourth indents of (a); (iii) for certain quality liqueur wines psr appearing on a list to be drawn up: — either of products listed in (i) individually or in combination; — or of one or more of the following products: —  — wine alcohol or dried grape alcohol with an actual alcoholic strength by volume of not less than 95 % vol. and not more than 96 % vol.; — spirits distilled from wine or from grape marc, with an actual alcoholic strength by volume of not less than 52 % vol. and not more than 86 % vol.; — spirits distilled from dried grapes, with an actual alcoholic strength by volume of not less than 52 % vol. and of less than 94,5 % vol.; — together with 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 the second indent with a grape must referred to in the first and fourth indents of (a).

15.

Sparkling wine: save for the derogation provided for in Article 44(3), the product which is obtained by first or second alcoholic fermentation: — of fresh grapes; — of grape must; — of wine, suitable for yielding table wine; — of table wine; — of quality wine psr, — imported wines, on a list to be drawn up, from vine varieties and vine-growing zones with the characteristics that distinguish them from Community wines, which, when the container is opened, releases carbon dioxide derived exclusively from fermentation and 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.

16.

Aerated sparkling wine: the product which: — is obtained from table wine; — releases, when the container is opened, carbon dioxide derived wholly or partially from an addition of that gas; and — 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.

17.

Semi-sparkling wine: the product which: — is obtained from table wine, quality wine psr or from products suitable for yielding table wine or quality wine psr provided that such wine or products have a total alcoholic strength of not less than 9 % vol.; — has an actual alcoholic strength by volume of not less than 7 % vol.; — 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 oC in closed containers; — is put up in containers of 60 litres or less.

18.

Aerated semi-sparkling wine: the product which: — is obtained from table wine, quality wine psr or from products suitable for yielding table wine or quality wine psr; — has an actual alcoholic strength of not less than 7 % vol. and a total alcoholic strength of not less than 9 % vol.; — has an excess pressure of not less than 1 bar and not more than 2,5 bar when kept at a temperature of 20 oC in closed containers due to carbon dioxide in solution which has been wholly or partially added; — is put up in containers of a capacity not exceeding 60 litres.

19.	Wine vinegar: vinegar which: — is obtained exclusively by acetous fermentation of wine; and — has a total acidity of not less than 60 grams per litre expressed as acetic acid.

20.

Wine lees: the residue accumulating in vessels containing wine after fermentation, during storage or after authorised treatment and the residue obtained from filtering or centrifuging this product. The following are also considered as wine lees: — the residue accumulating in vessels containing grape must during storage or after authorised treatment; — the residue obtained from filtering or centrifuging this product.

21.	Grape marc: the residue from the pressing of fresh grapes, whether or not fermented.

22.	Piquette: the product obtained: — by the fermentation of untreated grape marc macerated in water; or — by leaching fermented grape marc with water.

23.

Wine fortified for distillation: the product which: — has an actual alcoholic strength by volume of not less than 18 % vol. and not more than 24 % vol.; — 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 by volume of 86 % vol.; and — has a maximum volatile acidity of 1,5 grams per litre, expressed as acetic acid.

24.

Wine of overripe grapes: the product: — produced in the Community, without enrichment, from grapes harvested in the Community, coming from the vine varieties set out in Article 42(5) and which are set out in a list to be drawn up; — having a natural alcoholic strength of more than 15 % vol.; — having a total alcoholic strength not less than 16 % vol., and an actual alcoholic strength of not less than 12 % vol.; and The Member States may prescribe a period of ageing for this product.

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ANNEX II

ALCOHOLIC STRENGTHS

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ANNEX III

WINE-GROWING ZONES

1.

Wine-growing zone A comprises: (a) in Germany: the areas under vines other than those included in wine-growing zone B; (b) in Luxembourg: the Luxembourg wine-growing region; ▼M8 (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. ▼B

2.

Wine-growing zone B comprises: (a) in Germany, the areas under vines in the specified region Baden; (b) in France, the areas under 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, Viene, and the areas under vines in the arrondissement of Cosne-sur-Loire in the department of Nièvre; (c) in Austria: the Austrian wine-growing area; ▼M8 (d) in the Czech Republic: the wine-growing region of Morava and the areas under vines not included in point 1(d); ▼A1 (e) in Slovakia: the wine-growing areas of the Small Carpathians, South Slovakia, Nitra, Central Slovakia and East Slovakia and the wine growing areas not included in point 3; (f) in Slovenia, the areas under vines in the Podravje region: ljutomersko-ormoški vinorodni okoliš, mariborski vinorodni okoliš, radgonsko-kapelski vinorodni okoliš, šmarsko-virštajnski vinorodni okoliš, vinorodni okoliš Haloze, prekmurski vinorodni okoliš, vinorodni okoliš Srednje Slovenske gorice, in the Posavje region: bizeljsko-sremiški vinorodni okoliš, vinorodni okoliš Bela krajina, vinorodni okoliš Dolenjska and the areas under vines in the regions not included in point 5(d); ▼A2 (g) in Romania, in the area of Podișul Transilvaniei. ▼B

3.

Wine-growing zone C I a) comprises the area under vines: (a) in France: — 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 arrondissements 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 department of Ardèche, in the arrondissement of Tournon and the cantons of Antraigues, Buzet, Coucouron, Montpezat-sous-Bauzon, PrVs, Saint-Etienne de Lugdarès, Saint-Pierreville, Valgorge and la Voulte-sur-Rhône; (b) in Spain, in the provinces of Asturias, Cantabria, Guipúzcoa, La Coruña and Vizcaya; (c) in Portugal, 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, Laurinhã, Mafra e Torres Vedras’ (with the exception of ‘Freguesias da Carvoeira e Dois Portos’), belonging to the ‘Região viticola da Extremadura’; ▼A2 (d) in Slovakia, the Tokay region; e) in Romania, areas under vines not included in points 2(g) or 5(f). ▼B

4.	In Italy, wine-growing zone C 1 b) comprises the areas under vines in the Valle d'Aosta region and in the provinces of Sondrio, Bolzano, Trento and Belluno. ►A1  In Hungary, all areas under vines. ◄

5.

Wine-growing zone C II comprises: (a) in France, the areas under 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, Pland-de-la-Tour and Sainte-Maxime; — in the arrondissement of Nyons and the cantons of Dieulefit, Loirol, Marsanne and Montélimar in the department of Drôme; — in those parts of the department of Ardèche not listed in point 3(a); (b) in Italy, the areas under vines in the following regions: Abruzzi, Campagnia, 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, the areas under vines: — in the following provinces: —  — Lugo, Orense, Pontevedra, — Ávilla (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, Gerona, Lérida; — 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 registered designation of origin. — in that part of the province of Tarragona which corresponds to the designated wine ‘comarca’ of Conca de Barberá. ▼A1 (d) in Slovenia, the areas under vines in the Primorska region: vinorodni okoliš Goriška Brda, vinorodni okoliš Vipavska dolina, koprski vinorodni okoliš and vinorodni okoliš Kras; ▼A2 (e) in Bulgaria, areas under vines in the following regions: Dunavska Ravnina (Дунавска равнина), Chernomorski Rayon (Черноморски район), Rozova Dolina (Розова долина); (f) in Romania, areas under 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. ▼B

6.

In Greece, wine-growing zone C III a) comprises the area under vines in the following nomoi: Florina, Imathia, Kilkis, Grevena, Larisa, Ioannina, Levkas, Achaca, Messinia, Arkadia, Korinthia, Iraklio, Khania, Rethimni, Samos, Lasithi and the island of Thira (Santorini). ▼A1 In Cyprus, wine-growing zone C III a) comprises the area under vines located at altitudes exceeding 600 metres. ▼A2 In Bulgaria, wine-growing zone C III a) comprises the areas under vines not included in point 5(e). ▼B

7.

Wine-growing zone C III b) comprises: (a) in France, the areas under 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, the areas under 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, the areas under vines not listed in point 6; (d) in Spain, the areas under vines not included in 3(b) or 5(c); (e) in Portugal, the areas under vines in the regions not included in wine-growing zone C I a); ▼A1 (f) in Cyprus, the area under vines located at altitudes not exceeding 600 metres; (g) in Malta: the area under vines. ▼B

8.

The demarcation of the territories covered by the administrative units mentioned 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 Portugal, from the national provisions in force on 1 March 1998.

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ANNEX IV

LIST OF AUTHORISED OENOLOGICAL PRACTICES AND PROCESSES

1.

Oenological practices and processes which may be applied to fresh grapes, grape must, grape must in fermentation, grape must in fermentation extracted from raisined grapes, concentrated grape must and new wine still in fermentation: (a) aeration or the addition of oxygen; (b) heat treatment; (c) centrifuging and filtration, with or without an inert filtering agent, on condition that no undesirable residue is left in the products so treated; (d) use of carbon dioxide, argon or nitrogen, either alone or combined, solely in order to create an inert atmosphere and to handle the product shielded from the air; (e) use of yeasts for wine production; (f) use of one or more of the following practices to encourage the growth of yeasts; — addition of diammonium phosphate or ammonium sulphate within certain limits, — addition of ammonium sulphite or ammonium bisulphite within certain limits, — addition of thiamin hydrochloride within certain limits; (g) use of sulphur dioxide, potassium bisulphite or potassium metabisulphite which may also be called potassium disulphite or potassium pyrosulphite; (h) elimination of sulphur dioxide by physical processes; ▼M8 (i) treatment of must and new wine still in fermentation with charcoal for oenological use, within certain limits; ▼B (j) clarification by means of one or more of the following substances for oenological use: — edible gelatine, ▼M8 — plant proteins, ▼B — isinglass, — casein and potassium caseinate, — ovalbumin and/or lactalbumin, — bentonite, — silicon dioxide as a gel or colloidal solution, — kaolin, — tannin, — pectinolytic enzymes, — an enzymatic preparation of betaglucanase, under conditions to be determined; (k) use of sorbic acid or potassium sorbate; (l) use of tartaric acid for acidification purposes under the conditions laid down in points E and G of Annex V; (m) use of one or more of the following substances for deacidification purposes under the conditions laid down in points E and G of Annex V: — neutral potassium tartrate, — potassium bicarbonate, — calcium carbonate, which may contain small quantities of the double calcium salt of L (+) tartaric and L (-) malic acids, — calcium tartrate, — tartaric acid, under conditions to be determined, — a homogeneous preparation of tartaric acid and calcium carbonate in equivalent proportions and finely pulverised; (n) the use of Aleppo pine resin under conditions to be determined; (o) the use of preparations of yeast cell wall, within certain limits; (p) the use of polyvinylpolypyrrolidone within certain limits and under conditions to be determined; (q) the use of lactic bacteria in a vinous suspension under conditions to be determined; (r) the addition of lysozyme within limits and under conditions to be determined; ▼M8 (s) addition of L-ascorbic acid up to certain limits. ▼B

2.

Oenological practices and processes which may be applied to grape must intended for the manufacture of rectified concentrated grape must: (a) aeration; (b) heat treatment; (c) centrifuging and filtration, with or without an inert filtering agent, on condition that no undesirable residue is left in the product so treated; (d) use of sulphur dioxide, potassium bisulphite or potassium metabisulphite which may also be called potassium disulphite or potassium pyrosulphite; (e) elimination of sulphur dioxide by physical processes; (f) treatment with charcoal for oenological use; (g) use of calcium carbonate, which may contain small quantities of the double calcium salt of L (+) tartaric and L (-) malic acids; (h) use of ion exchange resins under conditions to be determined.

3.

Processes and oenological practices which may be applied to grape must in fermentation intended for direct human consumption as such, wine suitable for producing table wine, table wine, sparkling wine, aerated sparkling wine, semi-sparkling wine, aerated semi-sparkling wine, liqueur wine and quality wines psr: (a) use in dry wines, and in quantities not exceeding 5 %, of fresh lees which are sound and undiluted and contain yeasts resulting from the recent vinification of dry wines; (b) aeration or bubbling using argon or nitrogen; (c) heat treatment; (d) centrifuging and filtration, with or without an inert filtering agent, on condition that no undesirable residue is left in the products so treated; (e) use of carbon dioxide, argon or nitrogen, either alone or combined, solely in order to create an inert atmosphere and to handle the product shielded from the air; (f) addition of carbon dioxide, within certain limits, (g) use, under the conditions laid down in this Regulation, of sulphur dioxide, potassium bisulphite or potassium metabisulphite, which may also be called potassium disulphite or potassium pyrosulphite; (h) addition of sorbic acid or potassium sorbate provided that the final sorbic acid content of the treated product on its release to the market for direct human consumption does not exceed 200 mg/l; (i) addition of L-ascorbic acid up to certain limits; (j) addition of citric acid for wine stabilisation purposes, within certain limits; (k) use of tartaric acid for acidification purposes under the conditions laid down in points E and G of Annex V; (l) use of one or more of the following substances for deacidification purposes under the conditions laid down in points E and G of Annex V: — neutral potassium tartrate, — potassium bicarbonate, — calcium carbonate, which may contain small quantities of the double calcium salt of L (+) tartaric and L (-) malic acids, — calcium tartrate, — tartaric acid, under conditions to be determined, — a homogeneous preparation of tartaric acid and calcium carbonate in equivalent proportions and finely pulverised; (m) clarification by means of one or more of the following substances for oenological use: — edible gelatine, ▼M8 — plant proteins, ▼B — isinglass, — casein and potassium caseinate, — ovalbumin and/or lactalbumin, — bentonite, — silicon dioxide as a gel or colloidal solution, — kaolin; — an enzymatic preparation of betaglucanase, under conditions to be determined; (n) addition of tannin; (o) treatment of white wines with charcoal for oenological use, within certain limits, (p) treatment, under conditions to be laid down: — of grape must in fermentation intended for direct human consumption as such, white wines and rosé wines with potassium ferrocyanide, — of red wines with potassium ferrocyanide or with calcium phytate; (q) addition of metatartaric acid within certain limits; (r) use of acacia; (s) use of DL tartaric acid, also called racemic acid, or of is neutral salt of potassium, under conditions to be laid down, for precipitating excess calcium; (t) use, for the manufacture of sparkling wines obtained by fermentation in bottle and with the lees separated by disgorging: — of calcium alginate, — or — of potassium alginate. (ta) the use of yeasts for wine production, dry or in wine suspension, for the production of sparkling wine; (tb) the addition, in the production of sparkling wine, of thiamine and ammonium salts to the basic wines, to encourage the growth of yeasts, under the following conditions: — for nutritive salts, diammonium phosphate or ammonium sulphate within certain limits, — for growth factors, thiamine in the form of thiamine hydrochloride, within certain limits; (u) use of discs of pure paraffin impregnated with allyl isothiocyanate to create sterile atmosphere, solely in Member States in which it is traditional and so long as it is not forbidden by national law, provided that they are used only in containers holding more than 20 litres and that there is no trace of allyl isothiocyanate in the wine; (v) addition, to assist the precipitation of tartar, of — potassium bitartrate — calcium tartrate, within limits and under conditions to be determined; (w) use of copper sulphate to eliminate defects of taste or smell in the wine, up to certain limits; (x) the use of preparations of yeast cell wall, within certain limits; (y) the use of polyvinylpolypyrrolidone, within certain limits and conditions to be determined; (z) the use of lactic bacteria in a vinous suspension under conditions to be determined; (za) addition of caramel within the meaning of Directive 94/36/EC of the European Parliament and of the Council of 30 June 1994 on colours for use in foodstuffs ( 55 ) to reinforce the colour of liqueur wines and liqueur wines psr; (zb) addition of lysozme, within limits and under conditions to be determined; ▼M8 (zc) the addition of dimethyldicarbonate (DMDC) to wine for microbiological stabilisation, within certain limits and under conditions to be determined; (zd) the addition of yeast mannoproteins to ensure the tartaric and protein stabilisation of wines. ▼B

4.

Oenological practices and processes that can be used for the products referred to in the introductory sentence to paragraph 3, solely under conditions of use to be determined: (a) addition of oxygen; (b) electrodialysis treatment to ensure the tartaric stabilisation of the wine; (c) use of a urease to reduce the level of urea in the wine; ▼A1 (d) the pouring of wine onto lees or grape marc or pressed aszú pulp where this practice is traditionally used for the production of ‘Tokaji fordítás’ and ‘Tokaji máslás’ in the Tokajhegyalja region of Hungary under conditions to be determined; ▼M8 (e) usage of pieces of oak wood in winemaking. ▼B

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ANNEX V

LIMITS AND CONDITIONS FOR CERTAIN OENOLOGICAL PRACTICES

A.   Sulphur dioxide content

1.	The total sulphur dioxide content of wines, other than sparkling wines and liqueur wines, may, on their release to the market for direct human consumption, not exceed: (a) 160 milligrams per litre for red wines; and (b) 210 milligrams per litre for white and rosé wines.

2.

Notwithstanding paragraph 1(a) and (b), the maximum sulphur dioxide content shall be raised, as regards wines with a residual sugar content, expressed as invert sugar, of not less than five grams per litre, to: (a) 210 milligrams per litre for red wines and 260 milligrams per litre for white and rosè wines; (b) 300 milligrams per litre for: — wines entitled to the description ‘Spätlese’ in accordance with Community provisions; — quality white wines psr entitled to the registered designations of origin Bordeaux supérieur, Graves de Vayres, Côtes de Bordeaux, St Macaire, Première Côtes de Bordeaux, Ste-Foy Bordeaux, Côtes de Bergerac (whether or not followed by the description ‘Côtes de Saussignac’). Haut Montravel, Côtes de Montravel and Rosette; — quality white wines psr entitled to the designations of origin Allela, La Mancha, Navarra, Penedés, Rioja, Rueda, Tarragona and Valencia; — white quality wines psr originating in the United Kingdom described and presented in accordance with British legislation by the term ‘botrytis’, or other equivalent terms, such as ‘noble harvest’, ‘noble late harvested’ or ‘special late harvested’; ▼M1 — the quality white wines psr entitled to the designation of origin Gaillac; — the quality wines psr entitled to bear the designation of origin Alto Adige and Trentino, described by the terms or one of the terms ‘passito’ or ‘vendemmia tardiva’; ▼ — the quality wines psr entitled to bear the designation of origin Colli orientali del Friuli — Picolit; ▼M1 — the quality wines psr Moscato di Pantelleria naturale and Moscato di Pantelleria; — the table wines with the following geographical indications, with a total alcoholic strength by volume higher than 15 % vol. and a residual sugar content higher than 45 g/l: —  — Vin de pays de Franche-Comté, — Vin de pays des coteaux de l'Auxois, — Vin de pays de Saône-et-Loire, — Vin de pays des coteaux de l'Ardèche, — Vin de pays des collines rhodaniennes, — Vin de pays du comté Tolosan, — Vin de pays des côtes de Gascogne, — Vin de pays du Gers, — Vin de pays du Lot, — Vin de pays des côtes du Tarn, — Vin de pays de la Corrèze, — Vin de pays de l'Ile de Beauté, — Vin de pays d'Oc, — Vin de pays des côtes de Thau, — Vin de pays des coteaux de Murviel, ▼A1 — Tokaji quality wines psr originating in Hungary and described in accordance with Hungarian provisions as ‘Tokaji édes szamorodni’ or ‘Tokaji aszú’; ▼B (c) 350 milligrams per litre for wines entitled to the description ‘Auslese’ in accordance with Community provisions and white wines described as ‘superior wine of designated origin’, in accordance with Romanian legislation and entitled to bear one of the following names: Murfatlar, Cotnari, Tirnave, Pietroasele, Valea Calugareasca; (d) 400 milligrams per litre for: — wines entitled to the descriptions ‘Beerenauslese’, ‘Ausbruch’, ‘Ausbruchwein’ and ‘Trockenbeerenauslese’ and ‘Eiswein’ in accordance with Community provisions and quality white wines psr entitled to the registered designations of origin Sauternes, Barsac, Cadillac, Cérons, Loupiac, Sainte-Croix-du-Mont, Monbazillac, Bonnezeaux, Quarts de Chaume, Coteaux du Layon, Coteaux de l'Aubance, Graves Supérieures and Jurançon; ▼M1 — quality white wines psr entitled to one of the following registered designations of origin: Anjou-Coteaux de la Loire, Coteaux du Layon followed by the name of the commune of origin, Coteaux du Layon followed by the name ‘Chaume’, Coteaux de Saumur, Pacherenc du Vic Bilh, Alsace and Alsace grand cru followed by the words ‘vendanges tardives’ or ‘sélection de grains nobles’; — sweet wines produced from overripe grapes and sweet wines produced from raisined grapes originating in Greece, with a residual sugar content, expressed as invert sugar, of not less than 45 g/l and entitled to one of the following designations of origin: Samos (Σάμος), Rhodes (Ρόδος), Patras (Πάτρα), Rio Patron (Ρίο Πατρών), Kephalonia (Κεφαλονιά), Limnos (Λήμνος), Sitia (Σητεία), Santorini (Σαντορίνη), Nemea (Νεμέα), Daphnes (Δαφνές); ▼ — white wine originating in Canada and with the right to the designation ‘Icewine’, with a residual sugar content, expressed as invert sugar, of not less than five g/l ►A1  and quality wines psr originating in Hungary and described in accordance with Hungarian provisions as ‘Tokaji máslás’, ‘Tokaji fordítás’, ‘Tokaji aszúeszencia’, ‘Tokaji eszencia’, ‘Aszúbor’ and ‘Töppedt szőlőből készült bor’ ◄ . ▼B

3.

Where climatic conditions have made this necessary it may be decided that the Member States concerned may, in certain wine-growing zones of the Community, authorise, for wines produced within their territory, the maximum total sulphur dioxide levels of less than 300 milligrams per litre referred to in this point to be increased by a maximum of 40 milligrams per litre.

4.	Member States may apply more restrictive provisions to wines produced within their territory.

B.   Volatile acid content

1.

The maximum volatile acid content may not exceed: (a) 18 milliequivalents per litre for grape must in fermentation; (b) 18 milliequivalents per litre for white and rosé wines and, until 31 December 1989 at the latest, for the products of a ‘coupage’ of white wine with red wine on Spanish territory; or (c) 20 milliequivalents per litre for red wines.

2.

The levels referred to in paragraph 1 shall apply: — to products from grapes harvested within the Community, at the production stage and at all stages of marketing; — to grape must in fermentation and wines originating in third countries, at all stages following their entry into the geographical territory of the Community.

3.

Provision may be made for exceptions to paragraph 1 as regards: (a) certain quality wines psr and certain table wines designated by means of a geographical indication where they: — have matured over a period of at least two years; or — have been produced according to particular methods; (b) wines with a total alcoholic strength by volume of at least 13 % vol.

C.   Enrichment limits

1.

Where climatic conditions have made it necessary in certain wine-growing zones of the Community, the Member States concerned may allow an increase in the natural alcoholic strength by volume of fresh grapes, grape must, grape must in fermentation, and new wine still in fermentation, obtained from the vine varieties referred to in Article 42(5), as well as of wine suitable for yielding table wine and table wine.

2.

An increase in natural alcoholic strength by volume may not be authorised in respect of the products referred to in the paragraph 1 unless their minimum natural alcoholic strength by volume is as follows (a) in wine-growing zone A: 5 % vol.; (b) in wine-growing zone B: 6 % vol.; (c) in wine-growing zone C I a): 7,5 % vol.; (d) in wine-growing zone C I b): 8 % vol.; (e) in wine-growing zone C II: 8,5 % vol.; (f) in wine-growing zones C III: 9 % vol.

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

4.	In years when climatic conditions have been exceptionally unfavourable, the limits on increases in the alcoholic strength by volume provided for in the paragraph 3 may be raised to the following levels: (a) wine-growing zone A: 4,5 % vol.; (b) wine-growing zone B: 3,5 % vol.

D.   Enrichment processes

1.

The increase in natural alcoholic strength by volume provided for in point C may 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 or concentrated grape must or rectified concentrated grape must, or by partial concentration including reverse osmosis; and (c) in respect of wine suitable for yielding table wine and table wine, by partial concentration through cooling.

2.	The processes mentioned in paragraph 1 shall be mutually exclusive.

3.

The addition of sucrose provided for in paragraph 1(a) and (b) may only be performed by dry sugaring and only in the wine-growing zones where it is traditionally or exceptionally practised under the legislation in force at 8 May 1970 ►A1  and in the wine-growing zones of Hungary and Slovenia ◄ ►A2  and in Romania. ◄

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 zones C.

5.	If paragraph 4 of point C is applied, the limits on increases in volume shall be raised to 15 % in wine-growing zone A and to 11 % in wine-growing zone B.

6.

The concentration of grape must, of wine suitable for yielding table wine or of table wine subjected to this process shall not have the effect of reducing the initial volume of these products by more than 20 % and in no case shall it increase by more than 2 % vol. their natural alcoholic strength by volume.

7.

In no case shall the above mentioned processes have the effect of raising to more than 11,5 % vol. in wine-growing zone A, 12 % vol. in wine-growing zone B, 12,5 % vol. in wine-growing zones C I (a) and C I (b), 13 % vol. in wine-growing zone C II and 13,5 % vol. in wine-growing zone C III the total alcoholic strength by volume of the fresh grapes, grape must, grape must in fermentation, new wine still in fermentation, wine suitable for yielding table wine or table wine subjected to those processes.

8.	However, for red wine, the total alcoholic strength by volume of the products mentioned in paragraph 7 may be raised to 12 % vol. in wine-growing zone A and 12,5 % vol. in wine-growing zone B.

9.	Wine suitable for yielding table wine and table wine may not be concentrated when the products from which they were obtained have themselves been subjected to the processes mentioned in paragraph 1(a) and (b).

E.   Acidification and deacidification

1.

Fresh grapes, grape must, grape must in fermentation, new wine still in fermentation and wine may be subject to: (a) partial deacidification in wine-growing zones A, B, C I (a) and C I (b); (b) acidification and deacidification in wine-growing zones C II and C III (a), without prejudice to paragraph 3; or (c) acidification in wine-growing zone C III b).

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.	Deacidification 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.	Moreover, grape must intended for concentration may be partially de-acidified.

6.	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 C I a) and C I b), under the conditions referred to in paragraph 1 as regards zones C II, C III a) and C III b).

7.	Acidification and enrichment, except by way of derogation to be decided on case by case, and acidification and deacidification of one and the same product, shall be mutually exclusive processes.

F.   Sweetening

1.

The sweetening of table wine shall be authorised only: (a) with grape must which has at most the same total alcoholic strength by volume as the table wine in question, if the fresh grapes, grape must, grape must in fermentation, new wine still in fermentation or wine suitable for yielding table wine, or the table wine itself, have undergone one of the processes mentioned in paragraph 1 of point D; (b) with concentrated grape must, or rectified concentrated grape must or grape must, provided that the total alcoholic strength by volume of the table wine in question is not raised by more than 2 % vol., if the products mentioned under (a) have not undergone one of the processes mentioned in paragraph 1 of point D.

2.	The sweetening of imported wines intended for direct human consumption and bearing a geographical ascription shall be forbidden within the territory of the Community.

3.	The sweetening of imported wines other than those referred to in paragraph 2 shall be subject to rules to be determined.

G.   Processes

1.

None of the processes referred to in points D and E, with the exception of the acidification and deacidification of wines, shall be authorised unless carried out, under conditions to be determined, at the time when the fresh grapes, grape must, grape must in fermentation or new wine still in fermentation are being turned into wine suitable for yielding table wine, into table wine, or into any other beverage intended for direct human consumption referred to in Article 1(2) other than sparkling wine or aerated sparkling wine in the wine-growing zone where the fresh grapes used were harvested.

2.	The same shall apply to the concentration, acidification and deacidification of wine suitable for yielding table wines.

3.	The concentration of table wines must take place in the wine-growing zone where the fresh grapes used were harvested.

4.	Acidification and deacidification of wines may 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.

5.

Each of the processes referred to in paragraphs 1 to 4 must be notified to the competent authorities. The same shall apply in respect of the quantities of sucrose, concentrated grape must or rectified concentrated grape must 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, 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.

6.	Each of the processes referred to in point E must be recorded on the accompanying document under cover of which the products having undergone the processes are put into circulation.

7.	Those processes may, subject to derogations justified by exceptional climatic conditions, only be carried out: (a) before 1 January, in wine-growing zone C, (b) before 16 March, in wine-growing zones A and B, and only for products of the grape harvest immediately preceding those dates.

8.	However, concentration by cooling and acidification and deacidification of wines may be practised throughout the year.

H.   Sparkling wine

1.

For the purposes of this point and point I of this Annex and point K of Annex VI: (a) ‘cuvée’ means: — the grape must; — the wine; — the mixture of grape musts and/or wines with different characteristics, intended for the preparation of a specific type of the sparkling wines; (b) ‘Tirage liqueur’ means; the product added to the cuvée to provoke secondary fermentation; (c) ‘expedition liqueur’ means; the product added to the sparkling wines to give them special taste qualities.

2.	The expedition liqueur may contain only: — sucrose, — grape must, — grape must in fermentation, — concentrated grape must, — rectified concentrated grape must, — wine, or — a mixture thereof, with the possible addition of wine distillate.

3.	Without prejudice to enrichment authorised pursuant to this Regulation for the constituents of a cuvée, any enrichment of the cuvée shall be prohibited.

4.

However, each Member State may, in respect of regions and varieties for which it is technically justified, authorise the enrichment of the cuvée at the place of preparation of the sparkling wines under conditions to be laid down. Such enrichment may be carried out by adding sucrose, concentrated grape must or rectified concentrated grape must. It may be carried out by adding sucrose or concentrated grape must where this method is either traditionally or exceptionally practised in the Member State concerned under the regulations in force at 24 November 1974, Nevertheless, Member States may exclude the use of concentrated grape must.

5.

The addition of tirage liqueur and expedition liqueur shall be considered neither as enrichment nor as sweetening. The addition of tirage liqueur may not cause an increase in the total alcoholic strength by volume of the cuvée of more than 1,5 % vol. This increase shall be measured by calculating the difference between the total alcoholic strength by volume of the cuvée and the total alcoholic strength by volume of the sparkling wine before any expedition liqueur is added.

6.	The addition of expedition liqueur shall be carried out in such a way as not to increase the actual alcoholic strength by volume of the sparkling wine by more than 0,5 % vol.

7.	Sweetening of the cuvée and its constituents shall be prohibited.

8.

In addition to any acidification or deacidification of the constituents of the cuvée in accordance with the other provisions of this Annex the cuvée may be subject to acidification or deacidification. Acidification and deacidification of the cuvée shall be mutually exclusive. Acidification may be carried out only up to a maximum of 1,5 grams per litre, expressed as tartaric acid, i.e. 20 milliequivalents per litre.

9.

In years of exceptional weather conditions, the maximum limit of 1,5 grams per litre or 20 milliequivalents per litre may be raised to 2,5 grams per litre or 34 milliequivalents per litre, provided that the natural acidity of the products is not less than 3 g/l, expressed as tartaric acid, or 40 milliequivalents per litre.

10.

The carbon dioxide contained in the sparkling wines may be produced only as a result of the alcoholic fermentation of the cuvée from which such wine is prepared. Such fermentation, unless it is intended for processing grapes, grape must or grape must in fermentation directly into sparkling wine, may result only from the addition of tirage liqueur. It may take place only in bottles or in closed tanks. The use of carbon dioxide in the case of the process of transfer by counter-pressure is authorised under supervision and on condition that the pressure of the carbon dioxide contained in the sparkling wine is not thereby increased.

11.

Regarding sparkling wines other than quality sparkling wines and quality sparkling wines psr: (a) the total alcoholic strength by volume of the cuvées intended for their preparation shall be not less than 8,5 % vol.; (b) the tirage liqueur intended for their preparation may contain only: — grape must, — grape must in fermentation, — concentated grape must, — rectified concentrated grape must, or — sucrose and wine: (c) without prejudice to Article 44(3), their actual alcoholic strength by volume, including the alcohol contained in any expedition liqueur added, shall be not less than 9,5 % vol.; (d) without prejudice to any more restrictive provisions which Member States may apply to sparkling wines produced on their territory, their total sulphur dioxide content may not exceed 235 milligrams per litre; (e) where climatic conditions have made it necessary in certain wine-growing zones of the Community, the Member States concerned may authorise, for the wines referred to in paragraph 1 in their territory, the total maximum sulphur dioxide content to be increased by up to 40 milligrams per litre, provided that the wine covered by this authorisation is not sent outside the Member State in question.

I.   Quality sparkling wine

1.	The total alcoholic strength by volume of the cuvées intended for their preparation shall be not less than 9 % vol.,

2.

The tirage liqueur intended for the production of a quality sparkling wine may contain only: (a) sucrose, (b) concentrated grape must, (c) rectified concentrated grape must, (d) grape must or grape must in fermentation from which a wine suitable for producing a table wine may be produced, (e) wine suitable for producing a table wine, (f) table wine or (g) quality wines psr.

3.

As regards quality aromatic sparkling wines: (a) except by way of derogation, these may be obtained only by making exclusive use, when constituting the cuvée, of grape must or grape must in fermentation which are derived from wine varieties on a list to be drawn up. However, quality sparkling wine of the aromatic type may be produced by using as constituents of the cuvée wines obtained from grapes of the ‘Prosecco’ wine variety harvested in the regions of Trentino-Alto Adige, Veneto and Friuli-Venezia Giulia; (b) control of the fermentation process before and after the constitution of the cuvée may be carried out, for the purpose of making the cuvée sparkling, only by refrigeration or by other physical processes; (c) the addition of an expedition liqueur is prohibited; (d) by way of derogation from point K 4 of Annex VI, the actual alcoholic strength by volume of quality aromatic sparkling wines may not be less than 6 % vol.; (e) the total alcoholic strength of quality aromatic sparkling wines may not be less than 10 % vol.; (f) by way of derogation from the first paragraph of point K.6 of Annex VI, when kept at a temperature of 20 oC in closed containers, quality aromatic sparkling wines must have an excess pressure of not less than 3 bar; (g) by way of derogation from point K.8 of Annex VI, the duration of the process of producing quality aromatic sparkling wines may not be less than one month.

4.	Producer Member States may define any supplementary or more stringent characteristics or conditions of production and circulation for the quality sparkling wines covered by this Title and produced in their territory.

5.	The manufacture of quality sparkling wines is also covered by the rules referred to in — paragraphs 1 to 10 of point H; — paragraphs 4 and 6 to 9 of Annex VI, point K, without prejudice to paragraphs 3(d), (f) and (g) of this point I.

J.   Liqueur wine

1.

For the preparation of liqueur wine, the following products shall be used: — grape must in fermentation; or — wine; or — mixtures of products referred to in the preceding indents; or — grape must or a mixture thereof with wine, for certain quality liqueur wines psr appearing on a list to be drawn up.

2.

Furthermore, the following shall be added: (a) in the case of liqueur wines and quality liqueur wines psr other than those referred to in (b): (i) the products below, either individually or in combination: — neutral alcohol obtained from the distillation of products of the wine sector, including dried grapes, having an alcoholic strength of not less than 96 % vol. and displaying the characteristics specified by Community provisions; — wine distillate or dried grape distillate with an alcoholic strength of not less than 52 % vol., and not more than 86 % vol., and displaying the characteristics to be determined; (ii) together with one or more of the following products, where appropriate: — concentrated grape must; — the product obtained from combining one of the products listed under (i) with a grape must referred to in the first or fourth indent of paragraph 1; (b) as regards certain quality liqueur wines psr appearing on a list to be drawn up: (i) either the products listed in (a), under (i), individually or in combination; (ii) or one or more of the following products: — wine alcohol or dried grape alcohol with an alcoholic strength of not less than 95 % vol. and not more than 96 % vol. and with the characteristics specified by Community provisions, or, in the absence of the latter, by the relevant national provisions; — spirits distilled from wine or from grape marc with an alcoholic strength of not less than 52 % vol. and not more than 86 % vol. and displaying the characteristics specified by Community provisions or, in the absence of the latter, by the relevant national provisions; — spirits distilled from dried grapes with an alcoholic strength of not less than 52 % vol. and less than 94,5 % vol. and displaying the characteristics specified by the Community provisions or, in the absence thereof, by the relevant national provisions; (iii) together with 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; — the product obtained from combining one of the products listed under (ii) with a grape must referred to in the first or fourth indent of paragraph 1.

3.	The products referred to in paragraph 1 and used for preparing liqueur wines and quality liqueur wines psr may have undergone, where appropriate, only the oenological practices and processes referred to in this Regulation.

4.

However: (a) the increase in natural alcoholic strength by volume may be due only to the use of the products referred to in paragraph 2; and (b) derogations may be adopted for specified products, where this is a traditional practice, to permit the use of calcium sulphate to be authorised by the Member State concerned, provided that the sulphate content of the product so treated is not more than 2,5 g/l, expressed as potassium sulphate. Moreover, these products may undergo additional acidification by means of tartaric acid up to a maximum limit of 1,5 g/l.

5.	Without prejudice to any provisions of a more restrictive nature which the Member States may adopt for liqueur wines and quality liqueur wines psr prepared within their territory, such products shall be authorised to undergo the oenological practices and processes referred to in this Regulation.

6.

The following are also authorised: (a) sweetening, subject to a declaration and registration requirement, where the products used have not been enriched with concentrated grape must, by means of: — concentrated grape must or rectified concentrated grape must, provided that the increase in the total alcoholic strength by volume of the wine in question is not more than 3 % vol.; — concentrated grape must or rectified concentrated grape must or partially fermented grape must, obtained from raisined grapes, for products to be listed and provided that the increase in the total alcoholic strength by volume of the wine in question is not more than 8 % vol.; — concentrated grape must or rectified concentrated grape must for wines to be listed and provided that the increase in the total alcoholic strength by volume of the wine in question is not more than 8 % vol.; (b) the addition of alcohol, distillate or spirits, as referred to in paragraphs 1 and 2, in order to compensate for losses due to evaporation during ageing; (c) ageing in vessels at a temperature not exceeding 50 oC, for products to be listed.

7.

Without prejudice to any provisions of a more restrictive nature which the Member States may adopt for liqueur wines and quality liqueur wines psr prepared within their territory, the total sulphur dioxide content of such wines, when released to the market for direct human consumption, may not exceed: (a) 150 mg/l where the residual sugar content is less than 5 g/l; (b) 200 mg/l where the residual sugar content is more than 5 g/l.

8.	The vine varieties from which the products referred to in paragraph 1 are produced, used for the preparation of liqueur wines and quality liqueur wines psr, shall be selected from those referred to in Article 42(5).

9.	The natural alcoholic strength by volume of the products referred to in paragraph 1 used for the preparation of a liqueur wine, other than a quality liqueur wine psr, may not be less than 12 % vol.

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ANNEX VI

QUALITY WINE PSR

A.   Specified regions

1.	‘Specified region’ shall mean a wine-growing area or a combination of wine-growing areas which produces wines with particular quality characteristics and whose name is used to designate quality wines psr.

2.

Each specified region shall be precisely demarcated, as far as possible on the basis of the individual vineyardyard or vineyardyard plot. Such demarcation shall be effected by each Member State concerned and shall take into account the factors which contribute towards the quality of the wines produced in those regions, such as the nature of the soil and subsoil, the climate and the situation of the individual vineyardyard or vineyard plot.

3.

The specified region is designated by its geographical name. However, the appellations: — ‘Muscadet’, — ‘Blanquette’, — ‘Vinho Verde’, — ‘Cava’, applied to certain quality sparkling wines psr, — ‘Manzanilla’ are recognised as the names of the respective specified regions demarcated and regulated by the relevant Member States before 1 March 1986. As regards still wines, the word ‘Κάβα’ and/or ‘Cava’ may be used to designate Greek table wines, as information relating to the ageing of such wines.

4.	The geographical name designating a specified region must be sufficiently precise and familiarly linked to the area of production so that, taking account of the existing situations, confusion may be avoided.

B.   Vine Varieties

1.	Each Member State shall draw up a list of the vine varieties, referred to in Article 19, suitable for producing each of the quality wines psr produced in its territory. These varieties must be of the species Vitis vinifera.

2.	Vine varieties which do not appear on the list referred to in paragraph 1 shall be removed from the vineyards or vineyard plots intended for the production of quality wine psr.

3.

However, notwithstanding the foregoing paragraph, the presence of a vine variety which does not appear on the list may be permitted by Member States for a period of three years from the date on which the demarcation of a specified region comes into effect, where the said demarcation was made after 31 December 1979, provided that such vine variety belongs to the species Vitis vinifera and that it does not represent more than 20 % of the vine varieties on the vineyard or vineyard plot involved.

4.

At the latest by the end of the period laid down in paragraph 3, any vineyard or vineyard plot intended for the production of quality wines psr may consist only of vine varieties appearing on the list provided for in paragraph 1. Where this provision is not observed, none of the wines obtained from grapes harvested within the vineyard or vineyard plot shall be entitled to the designation ‘quality wine psr’.

C.   Wine-growing methods

1.	Each Member State shall lay down the provisions regarding wine-growing methods which are required in order to ensure the best possible quality for quality wines psr.

2.	Irrigation within a wine-growing zone may be carried out only to the extent that the Member State concerned has authorised it. Such authorisation may be granted only where ecological conditions justify it.

D.   Processing areas

1.

Quality wines psr may be produced only: (a) from grapes of wine varieties which appear on the list provided for in paragraph 1 of point B and are harvested within the specified region; (b) by processing grapes as referred to in subparagraph (a) into grape must and processing the must thus obtained into wine or sparkling wine, as well as by the production of such wine, within the specified region where the grapes used were harvested. However for Commandaria quality wine psr originating in Cyprus, the stages of production after the processing of the grapes into grape must and the processing of the must thus obtained into wine may be performed under strict control in Cyprus outside the specific region where the grapes used were harvested under the conditions laid down in Cypriot legislation.

2.

►M7  As an exception to paragraph 1(a), in the case of a traditional practice governed by special provisions of the Member State of production, that Member State may until ►M8  31 December 2007 ◄ at the latest, by means of express authorisations and subject to suitable controls, permit that a quality sparkling wine psr be obtained by adding to the basic product from which the wine is made one or more wine-sector products which do not originate in the specified region whose name the wine bears, provided that: ◄ — the type of added wine-sector product is not produced in that specified region with the same characteristics as products not originating therein, — the adjustment is consistent with the oenological practices and definitions referred to in the relevant Community provisions, — the total volume of added wine-sector products which do not originate in the specified region does not exceed 10 % of the total volume of products used which originate in the specified region. However the Commission may, in accordance with the procedure laid down in Article 75, authorise the Member State to allow in exceptional cases a percentage of added products higher than 10 %, but not more than 15 %. The exception referred to in the first subparagraph shall be applicable provided that such an arrangement was allowed for by the provisions of the producer Member State concerned before 31 December 1995. Member States shall draw up a list of the names of the quality sparkling wines psr referred to in this paragraph and shall forward it to the Commission, which shall publish it in the ‘C’ series of the Official Journal of the European Communities.

3.

Notwithstanding paragraph 1(b), a quality wine psr, other than a quality sparkling wine psr, may be produced in an area in immediate proximity to the specified region concerned, where this has been expressly authorised by the Member State concerned subject to certain conditions. Moreover, Member States may, by means of individual authorisations subject to appropriate control, permit a quality wine psr to be produced by processing grapes into must and must into wine, as well as by producing such wine, even outside an area in immediate proximity to the specified region concerned, in the case of a traditional practice, provided this practice: — was in use before 1 September 1970 or, in the case of Member States which acceded to the Community after that date, before the effective date of their accession; — has continued without interruption since those dates; and — involves quantities which, for the processor in question, have not increased since by more than those corresponding to the general market trend.

4.

Notwithstanding paragraph 1(b), a quality sparkling wine psr may be produced in an area in immediate proximity to the specified region concerned, where this has been expressly authorised by the Member State concerned subject to certain conditions. Moreover, Member States may, by means of individual authorisations or express authorisations lasting for less than five years subject to appropriate control, permit a quality sparkling wine psr to be produced, even outside an area in immediate proximity to the specified region concerned in the case of a traditional practice, provided this practice was in use before 24 November 1974, or, in the case of Member States which acceded to the Community after that date, before the effective date of their accession.

5.

Any natural or legal person or group of persons which has grapes or musts which satisfy the conditions laid down for obtaining quality wines psr on the one hand and other products not satisfying these conditions on the other hand, shall ensure a separate wine-making process and storage for the former; otherwise, the wine obtained cannot be considered as quality wine psr.

6.	The provisions of this point D, other than paragraph 5, shall not apply to quality liqueur wines psr.

E.   Minimum natural alcoholic strength by volume

1.

Each Member State shall fix a minimum natural alcoholic strength by volume for each of the quality wines psr obtained in its territory. When this natural alcoholic strength by volume is being determined, account shall be taken in particular of the alcoholic strengths which have been recorded over the ten preceding years. Only harvests of satisfactory quality from the most representative soils of the specified region shall be considered.

2.	The minimum natural alcoholic strength by volume referred to in paragraph 1 may be fixed at different levels for the same quality wine psr depending on: (a) the sub-region, local administrative area or part thereof; (b) the wine variety or varieties, from which the grapes used are obtained.

3.

Except by way of derogation, and except for quality sparkling wines psr and quality liqueur wines psr, the alcoholic strengths referred to in paragraph 1 may not be less than: (a) 6,5 % vol. in zone A with the exception of the specified regions Mosel-Saar-Ruwer, Ahr, Mittelrhein, Sachsen, Saale-Unstrut, Moselle luxembourgeoise, England and Wales, in which the said alcoholic strength shall be 6 % vol.; (b) 7,5 % vol. in zone B; (c) 8,5 % vol. in zone C I a); (d) 9 % vol. in zone C I b); (e) 9,5 % vol. in zone C II; (f) 10 % vol. in zones C III.

F.   Vinification and manufacturing methods

1.	The specific vinification and manufacturing methods used for obtaining quality wines psr shall be laid down for each of those wines by Member States.

2.

Where weather conditions have made it necessary in one of the wine-growing zones referred to in point E, the Member States concerned may permit an increase in the (actual or potential) natural alcoholic strength by volume of fresh grapes, grape must, grape must in fermentation, new wine still in fermentation and wine, suitable for yielding quality wine psr, with the exception of products intended for processing into quality liqueur wine psr. The increase may not exceed the limits laid down in paragraph 3 of point C of Annex V.

3.

In years when weather conditions have been exceptionally unfavourable, it may be decided that the increase in alcoholic strength provided for in paragraph 2 may attain the limits laid down in paragraph 4 of point C of Annex V. Such authorisation shall not prejudice the possibility of a similar authorisation for table wines as provided for in that paragraph.

4.	The increase in natural alcoholic strength by volume may be effected only in accordance with the methods and conditions referred to in point D of Annex V, excepting paragraph 7 thereof. However, Member States may exclude the use of concentrated grape must.

5.

The total alcoholic strength by volume of quality wines psr shall not be less than 9 % vol. However, ►A1  for Dolenjska quality wines psr originating in Slovenia which are described in accordance with Slovenia provisions as ‘Cviček PTP’ and ◄ for certain white quality wines psr appearing on a list to be adopted that have undergone no enrichment, the minimum total alcoholic strength by volume shall be 8,5 % vol. This paragraph shall not apply to quality sparkling wines psr and quality liqueur wines psr.

G.   Acidification, deacidification and sweetening

1.

The conditions and limits for the acidification and deacidification of fresh grapes, grape must, grape must in fermentation, new wine still in fermentation and wine, suitable for yielding quality wine psr, and the procedure for granting authorisations and derogations, shall be those laid down in point E of Annex V.

2.

The sweetening of a quality wine psr may be authorised by a Member State only if it is carried out: (a) in compliance with the conditions and limits laid down in point F of Annex V; (b) within the specified region in which the quality wine psr was produced, or within an area in immediate proximity, except in certain cases to be determined; (c) using one or more of the following products: — grape must; — concentrated grape must; — rectified concentrated grape must.

3.	The grape must and concentrated grape must referred to in subparagraph (c) of paragraph 2 must originate in the same specified region as the wine for the sweetening of which it is used.

4.	This point G shall not apply in respect of quality sparkling wines psr and quality liqueur wines psr.

H.   Enrichment, acidification and deacidification processes

1.	Each of the enrichment, acidification and deacidification operations referred to in point F and paragraph 1 of point G shall be authorised only if carried out under the conditions laid down in point G of Annex V.

2.	Subject to the provisions of paragraph 4 of point D, such operations may be carried out only in the specified region where the fresh grapes used were harvested.

I.   Yields per hectare

1.	A yield per hectare expressed in quantities of grapes, of grape must or of wine shall be fixed for each quality wine psr by the Member State concerned.

2.	When this yield is being fixed, account shall be taken in particular of the yields obtained over the preceding ten years. Only harvests of satisfactory quality from the most representative soils of the specified region shall be considered.

3.	The yield per hectare may be fixed at different levels for the same quality wine psr depending on: (a) the sub-region, local administrative area or part thereof; and (b) the wine variety or varieties, from which the grapes used are derived.

4.	The yield so fixed may be adjusted by the Member State concerned.

5.

Use of the designation claimed shall be prohibited for the entire harvest if the yield referred to in paragraph 1 is exceeded, save where derogations are provided for, on a general or individual basis, by Member States under conditions which they shall lay down, if appropriate, according to wine-growing area; these conditions shall relate in particular to the use to which the wines or products in question are to be put.

J.   Analytical and organoleptic tests

1.

Producers shall be obliged to submit wines for which they are requesting the designation ‘quality wine psr’ to an analytical and to an organoleptic test where: (a) the analytical test shall at least measure the factors, among those listed in point 3, enabling the quality wine psr in question to be distinguished. The upper and lower limits for such factors shall be laid down by the producer Member State in respect of each quality wine psr; and (b) the organoleptic test shall relate to colour, clarity, smell and taste.

2.	Until appropriate provisions relating to their systematic and general application are adopted, the tests provided for in paragraph 1 may be carried out on samples by the competent agency designated by each of the Member States.

3.

The facors referred to in point 1(a) shall be the following: A. Tests of wine behaviour: 1. behaviour in air 2. behaviour in cold; B. microbiological test: 3. behaviour in incubator 4. appearance of wine and of deposit; C. physical and chemical analysis: 5. density 6. alcoholic strength 7. total dry extract (obtained by densimetry) 8. reducing sugars 9. sucrose 10. ash 11. alkalinity of ash 12. total acidity 13. volatile acidity 14. fixed acidity 15. pH 16. free sulphur dioxide 17. total sulphur dioxide; D. additional analysis 18. carbon dioxide (semi-sparkling and sparkling wines, excess pressure in bar at 20 oC).

K.   Quality sparkling wine psr

1.	The total alcoholic strength by volume of the cuvées intended for the manufacture of quality sparkling wines psr shall be not less than: — 9,5 % vol. in wine-growing zones C III; — 9 % vol. in other wine-growing zones.

2.	However, the cuvées intended for the manufacture of certain quality sparkling wines psr appearing on a list to be adopted and manufactured from a single wine variety, may have a total alcoholic strength by volume not less than 8,5 % vol.

3.	A list of the quality sparkling wines psr referred to in paragraph 2 shall be drawn up.

4.	The actual alcoholic strength by volume of quality sparkling wines psr, including the alcohol contained in any expedition liqueur added, shall be not less than 10 % vol.

5.

The tirage liqueur for quality sparkling wines psr may contain only: (a) sucrose; (b) concentrated grape must; (c) rectified concentrated grape must; (d) grape must; (e) grape must in fermentation; (f) wine; (g) quality wine psr, suitable for yielding the same quality sparkling wine psr as that to which the tirage liqueur is added.

6.

Notwithstanding point 15 of Annex I, quality sparkling wines psr, when kept at a temperature of 20 oC in closed containers, shall have an excess pressure of not less than 3,5 bars. However, for quality sparkling wines psr kept in containers of a capacity of less than 25 centilitres, the minimum excess pressure shall be 3 bars.

7.

Without prejudice to any more restrictive provisions which Member States may apply to quality sparkling wines psr produced within their territory, the total sulphur dioxide content of these sparkling wines shall not exceed 185 milligrams per litre. Where weather conditions have so necessitated in certain wine-growing areas of the Community, the Member States concerned may allow the total sulphur dioxide content of quality sparkling wines psr wines produced within their territory to be increased by up to 40 milligrams per litre, provided that products which have received this authorisation are not sent outside the Member States in question.

8.

The duration of the process of making quality sparkling wines psr, including ageing in the undertaking where they are made and reckoned from the start of the fermentation process designed to make the wines sparkling, may not be less than: (a) six months where the fermentation process designed to make the wines sparkling takes place in closed tanks; (b) nine months where the fermentation process designed to make the wines sparkling takes place in the bottles.

9.	The duration of the fermentation process designed to make the cuvée sparkling and the duration of the presence of the cuvée on the lees shall not be less than: — 90 days; — 30 days if the fermentation takes place in containers with stirrers.

10.

Quality sparkling wines psr of the aromatic type: (a) except by way of derogation, these wines may be obtained solely by using, for constituting the cuvée, grape must or partially fermented grape must of wine varieties on a list to be drawn up, provided that these varieties are recognised as suitable for the production of quality sparkling wines psr in the specified region whose name the quality sparkling wines psr bear; (b) control of the fermentation process before and after the cuvée has been constituted, in order to render the cuvée sparkling, may be effected only by refrigeration or other physical processes; (c) the addition of expedition liqueur shall be prohibited; (d) notwithstanding point 4, the actual alcoholic strength by volume of quality sparkling wines psr of the aromatic type may not be less than 6 % vol.; (e) the total alcoholic strength by volume of quality sparkling wines psr of the aromatic type may not be less than 10 % vol.; (f) notwithstanding the first paragraph of point 6, quality sparkling wines psr of the aromatic type which are kept at a temperature of 20 oC in closed containers shall be an excess pressure of not less than 3 bars; (g) notwithstanding point 8, the duration of the process of making quality sparkling wines psr of the aromatic type may not be less than one month.

11.	The rules set out in Annex V, point H, paragraphs 1 to 10 also apply to quality sparkling wine psr.

L.   Quality liqueur wine psr (provisions other than those included in Annex V, point H and concerning specifically quality liqueur wine psr)

1.

Subject to derogations to be adopted, the products referred to in paragraph 1 of point J of Annex V and the concentrated grape must or the partially fermented grape must obtained from raisined grapes referred to in paragraph 2 of that point, used for the preparation of a quality liqueur wine psr, must be obtained from the specified region of which the quality liqueur wine psr in question bears the name. However, for the quality liqueur wines psr ‘Málaga’ and ‘Jerez-Xérès-Sherry’ the concentrated grape must or, pursuant to Article 44(11), the partially fermented grape must from raisined grapes, as referred to in paragraph 2 of point J of Annex V, obtained from the Pedro Ximénez wine variety may come from the specified region Montilla-Moriles.

2.

Subject to derogations to be adopted, the operations referred to in paragraphs 3 to 6 of point J of Annex V for the preparation of quality liqueur wines psr may be performed only within the specified region referred to in paragraph 1. However, as regards the quality liqueur wine psr for which the designation ‘Porto’ is reserved for the product prepared from grapes obtained from the region delimited as the ‘Douro’, the additional manufacturing and ageing processes may take place either in the aforementioned delimited region or in Vila Nova de Gaia — Porto.

3.

Without prejudice to any provisions of a more restrictive nature which the Member States may adopt for quality liqueur wines psr prepared within their territory: (a) the natural alcoholic strength by volume of the products referred to in paragraph 1 of point J of Annex V used for the preparation of a quality liqueur wine psr may not be less than 12 % vol. However, some quality liqueur wines psr on a list to be drawn up may be obtained from: (i) grape must with a natural alcoholic strength by volume of not less than 10 % vol. in the case of quality liqueur wines psr obtained by the addition of spirit obtained from wine or grape marc with a registered designation of origin, possibly from the same holding; or (ii) fermenting grape must or, in the case of the second indent below, from wine with an initial natural alcoholic strength by volume of not less than: — 11 % vol. in the case of quality liqueur wines psr obtained by the addition of neutral alcohol, or of a distillate of wine with an actual alcoholic strength by volume of not less than 70 % vol., or of spirit of vinous origin; — 10,5 % vol. for wines to be listed prepared from white grape must; — 9 % vol. in the case of a quality liqueur wine psr, the production of which is traditional and customary in accordance with the national laws which made express provision for such a wine; (b) the actual alcoholic strength by volume of a quality liqueur wine psr may not be less than 15 % vol. or more than 22 % vol.; (c) the total alcoholic strength by volume of a quality liqueur wine psr may not be less than 17,5 % vol.

4.	However, the total alcoholic strength by volume may be less than 17,5 % vol., but not less than 15 % vol., for certain quality liqueur wines psr on a list to be drawn up where national laws applicable thereto before 1 January 1985 expressly so provided.

5.

The specific, traditional names ‘οίνος γλυκύς φυσικός’, ‘vine dulce natural’, ‘vino dolce naturale’ and ‘vinho dolce natural’ shall be used only for quality liqueur wines psr: — obtained from harvests at least 85 % of which are of the wine varieties appearing on a list to be drawn up, — derived from musts with an initial natural sugar content of at least 212 grams per litre, — obtained by adding alcohol, distillate or spirits, as referred to in Annex V, paragraph 2 of point J to the exclusion of any other enrichment.

6.

Insofar as is necessary to conform to traditional production practices, Member States may, for quality liqueur wines psr produced within their territory, stipulate that the specific traditional name ‘vin doux naturel’ is used only for quality liqueur wines psr which are: — made directly by producers harvesting the grapes and exclusively from their harvests of muscat, grenache, maccabeo or malvasia grapes: however, harvests may be included which have been obtained from vineyards that are also planted with vine varieties other than the four indicated above provided these do not constitute more than 10 % of the total stock, — obtained within the limit of a yield per hectare of 40 hl of grape must referred to in Annex V, paragraph 1 or point J, first and forth indents, any greater yield resulting in the entire harvest ceasing to be eligible for the description ‘vin doux naturel’, — derived from a grape must with an initial natural sugar content of at least 252 grams per litre, — obtained, to the exclusion of any other enrichment, by the addition of alcohol of vinous origin amounting in pure alcohol to a minimum of 5 % of the volume the grape must in fermentation used and a maximum represented by the lower of the following two proportions: —  — either 10 % of the volume of the abovementioned grape must used, or — 40 % of the total alcoholic strength by volume of the finished product represented by the sum of the actual alcoholic strength by volume and the equivalent of the potential alcoholic strength by volume calculated on the basis of 1 % vol. or pure alcohol for 17,5 grams of residual sugar per litre.

7.

The names referred to in paragraphs 5 and 6 may not be translated; however: — they may be accompanied by an explanatory note in a language understood by the final consumer, — in the case of products produced in Greece in accordance with paragraph 6 and in circulation within the territory of that Member State, the name ‘vin doux naturel’ may be accompanied by the name ‘οίνος γλυκύς φυσικός’.

8.

The specific traditional name ‘vino generoso’ shall be used only for dry quality liqueur wines psr developed under flor and — obtained only from white grapes obtained from the Palomino de Jerez, Palomino fino, Pedro Ximénez, Verdejo, Zalema and Garrido Fino vine varieties, — released to the market after they have been matured for an average of two years in oak barrels. Development under flor as referred to in the first subpragraph means the biological process which, occurring when a film of typical yeasts develops spontaneously at the free surface of the wine after total alcoholic fermentation of the must, gives the product specific analytic and organoleptic characteristics.

9.	The name referred to in point 8 may not be translated. However, it may be accompanied by an explanatory note in a language understood by the final consumer.

10.	The specific traditional name ‘vinho generoso’ shall be used only for the quality liqueur wines psr ‘Porto’, ‘Madeira’, ‘Moscatel de Setúbal’ and ‘Carcavelos’ in association with the respective registered designation of origin.

11.

The specific traditional name ‘vino generoso de licor’ shall be used only for the quality liqueur wine psr: — obtained from ‘vino generoso’, as referred to in point 8, or from wine under flor capable of producing such a ‘vino generoso’, to which either partially fermented grape must obtained from raisined grapes or concentrated grape must has been added, — released to the market after it has been matured for an average of two years in oak barrels.

12.	The name referred to in point 11 may not be translated. However, it may be accompanied by an explanatory note in a language understood by the final consumer.

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ANNEX VII

DESCRIPTION, DESIGNATION, PRESENTATION AND PROTECTION OF CERTAIN PRODUCTS OTHER THAN SPARKLING WINES

For the purposes of this Annex:

A.   Compulsory particulars

1.

Labelling: (a) tables wines, table wines with geographical indication and quality wines psr; (b) wines originating in third countries other than those referred to under (c); (c) liqueur wines, semi-sparkling wines and aerated semi-sparkling wines covered by Annex I and such wines originating in third countries shall be required to contain the following particulars: — the sales designation of the product; — the nominal volume; — the actual alcoholic strength by volume; — the lot number in accordance with Council Directive 89/396/EEC of 14 June 1989 on indications or marks identifying the lot to which a foodstuff belongs ( 56 ).

2.

The sales description shall consist of: (a) in the case of table wines, the words ‘table wine’, and — in the case of despatch to another Member or exporting State, the name of the Member State if the grapes are produced and made into wine in that State; — the words ‘mixture of wines from different countries of the European Community’ in the case of wines resulting from a mixture of products originating in a number of Member States; — the words ‘wine obtained in … from grapes harvested in …’, supplemented by the names of the Member States concerned in the case of wines produced in a Member State from grapes harvested in another Member State; — the words ‘retsina’ and ‘vino tinto de mezcla’ in the case of certain table wines; (b) in the case of table wines with geographical indication: — the words ‘table wine’, — the name of the geographical unit, ▼M9 — one of the following terms, under conditions to be determined: ‘Landwein’, ‘vin de pays’, ‘indicazione geografica tipica’, ‘ονομασία κατά παράδοση’, ‘οίνος τοπικός’, ‘vino de la tierra’, ‘vinho regional’, ‘regional wine’, ‘landwijn’, ‘geograafilise tähistusega lauavein’, ‘tájbor’, ‘inbid tradizzjonali tal-lokal’, ‘zemské víno’‘deželno vino PGO’, ‘deželno vino s priznano geografsko oznako’, ‘регионално вино’ or ‘vin cu indicație geografică’; where such a term is used, the words ‘table wine’ should not be required. ▼B (c) in the case of quality wines psr: — the name of the production area, — subject to derogations to be determined — the words ‘quality wine produced in a specified region’ or ‘quality wine psr’, —  — the words ‘quality liqueur wine produced in a specified region’ or ‘quality liqueur wine psr’, — ‘quality semi-sparkling wine produced in a specified region’or ‘quality semi-sparkling wine psr’, or — a traditional specific particular included in a list to be drawn up, or several of those particulars where provided for by the provisions of the Member State concerned; (d) in the case of imported wines, the word ‘wine’, which must be supplemented by the name of the country of origin and, when they are designated with a geographical indication, by the name of the geographical area in question; (e) for liqueur wines, the words ‘liqueur wine’; (f) for semi-sparkling wines, the words ‘semi-sparkling wine’; (g) for aerated semi-sparkling wines, the words ‘aerated semi-sparkling wine’; (h) for the wines referred to in (e), (f) and (g), originating in third countries, particulars to be determined.

3.

Labelling: (a) table wines, table wines with geographical indication and quality wines psr; (b) wines originating in third countries, must include, in addition to the particulars set out in paragraphs 1 and 2, the indication: — the name or corporate name of the bottler, the local administrative area and the Member State or, for containers with a nominal volume of more than 60 litres, the consignor, — for imported wines, the importer or, when bottling took place in the Community, the bottler.

4.	The labelling of liqueur wines, semi-sparkling wines, aerated semi-sparkling wines and such wines originating in third countries shall be supplemented by particulars to be determined corresponding to those referred to in paragraphs 2 and 3.

B.   Optional particulars

1.

The labelling of the products obtained in the Community may be supplemented by the following particulars, under conditions to be determined: (a) in the case of table wines, table wines with geographical indication and quality wines psr: — the name(s), title(s) and address(es) of the person(s) that took part in marketing, — the type of product, — a particular colour in accordance with the rules laid down by the Member State of production; (b) in the case of table wines with geographical indication and quality wines psr: — the vintage year, — the name of one or more vine varieties, — an award, medal or competition, — indications concerning the means used to obtain or method used to manufacture the product, — other traditional terms in accordance with the provisions laid down by the Member State of production, — the name of a vineyard, — a term indicating that the wine was bottled: —  — on the estate, or — by a group of vineyards, or — in a vineyard situated in the region of production or, as regards quality wines psr, in the immediate vicinity thereof; (c) in the case of quality wine psr: — reference to a geographical area smaller than the region specified in accordance with the provisions laid down by the Member State of production, — reference to a geographical area larger than the region defined in order to specify the origin of a quality wine psr. — information to the effect that bottling took place in the specified region, provided that such information is traditional and customary in the specified region concerned.

2.

Optional particulars corresponding to those referred to in point 1 are to be determined for liqueur wines, semi-sparkling wines, aerated semi-sparkling wines and wines originating in third countries. This point does not prejudice the possibility for Member States to adopt rules for the designation of these products until such time as the corresponding Community rules are implemented.

3.	In the case of the products referred to in paragraph 1 of point A, the labelling may be supplemented by other particulars.

4.	Member States of production may make certain particulars in paragraphs 1 and 2 compulsory, prohibit them or restrict their use in respect of wines produced in their territory.

C.   Use of certain specific terms

1.	The appellation: (a) ‘wine’ shall be restricted to products conforming to the definition of point 10 of Annex I; (b) ‘table wine’ shall be restricted to products conforming to the definition given in point 13 of Annex I.

2.

►M5  Without prejudice to the provisions for the harmonisation of laws, the possibility for Member States to allow: — the use of the names ‘wine’ and ‘semi-sparkling wine’, accompanied by the name of a fruit in the form of a composite name to describe products obtained by the fermentation of fruit other than grapes, — other composite names including the word ‘wine’ ►A1  . Poland is authorised to retain the use of the composite name ‘Polskie wino/Polish wine’ for fermented products falling under CN code 2206 made from concentrated grape juice, or concentrated grape must and from grape juice or grape must. Such products, labelled as ‘Polskie wino/Polish wine’ shall be marketed only in Poland ◄ shall not, however, be affected by paragraphs 1(a) and 3(c). ◄

3.

The designation: (a) ‘liqueur wine’ shall be restricted to products conforming to the definition of point 14 of Annex I or, where appropriate, to a definition to be agreed in accordance with the introduction to this Annex; (b) ‘quality liqueur wine produced in a specified region’ or ‘quality liqueur wine psr’ shall be restricted to products conforming to the definition of point 14 of Annex I and the specific provisions of this Regulation; (c) ‘semi-sparkling wine’ shall be restricted to products conforming to the definition of point 17 of Annex I or, where appropriate, to a definition to be agreed in accordance with the introduction to this Annex; (d) ‘quality semi-sparkling wine produced in a specified region’ or ‘quality semi-sparkling wine psr’ shall be restricted to products conforming to the definition of point 17 of Annex I and the specific provisions of this Regulation; (e) ‘aerated semi-sparkling wine’ shall be restricted to products conforming to the definition of point 18 of Annex I or, where appropriate, a definition to be agreed in accordance with the introduction to this Annex.

4.	Should such composite names referred to in paragraph 2 be used, any confusion with the products referred to in paragraph 1 must be avoided.

D.   Languages which may be used for the labelling

1.

The information on the labelling must be given in one or more other official languages of the Community so that the final consumer can easily understand each of these items of information. Notwithstanding the first subparagraph: — the name of the specified region, — the name of another geographical unit, — the traditional specific terms and the additional traditional particulars, — the name of the vineyards or their associations and bottling particulars, shall be given solely in one of the official languages of the Member State in whose territory the product was prepared. ▼M8 The information referred to in the second subparagraph may be repeated in one or more official languages of the Community for products originating in Greece ►M9  or Bulgaria ◄ and Cyprus. ▼B The information referred to in the first and second indents of the second subparagraph may be given solely in another official language of the Community, where such language is equated with the official language in that part of the territory of the Member State of origin in which the specified region referred to is situated, if use of that language is traditional and customary in the Member State concerned. In the case of products obtained and put on the market in their territory, Member States may allow the information referred to in the second subparagraph also to be given in a language other than an official language of the Community, if use of that language is traditional and customary in the Member State concerned or in part of its territory. Member States of production may allow, in respect of their products, the information referred to in the second subparagraph also to be given in another language if use of that language is traditional for such particulars.

2.	Further exemptions from paragraph 1 may be decided on.

E.   Codes

In accordance with the detailed rules to be laid down, a code:

In accordance with detailed rules to be defined, a code may be used on the labelling of the products referred to in this Annex as regards the particulars specified in paragraph 3 of point A, provided that the Member State on whose territory these products are bottled has allowed this. This use is linked to the proviso that the name or business name of a person or group of persons other than the bottler involved in the commercial distribution of the product, and the local administrative area, or part of such area, in which the head office of such person or group is situated, are given in full on the label.

F.   Brand names

1.

Where the description, presentation and advertising of the products referred to in this Regulation are supplemented by brand names, such brand names may not contain any words, parts of words, signs or illustrations which: (a) are likely to cause confusion or mislead the persons to whom they are addressed within the meaning of Article 48, or (b) are: — liable to be confused by the persons to whom they are addressed with all or part of the description of a table wine, a liqueur wine, a semi-sparkling wine, an aerated semi-sparkling wine, a quality wine psr or an imported wine whose description is governed by Community provisions or with the description of any other product referred to in this Annex, or — identical to the description of any such product, unless the products used for making the final products referred to above are entitled to such a description or presentation. Moreover, the labelling used for the description of a table wine, a liqueur wine, a semi-sparkling wine, an aerated semi-sparkling wine, a quality wine psr or an imported wine may not bear brand names containing words, parts of words, signs or illustrations which: (a) in the case of: — table wines, liqueur wines, semi-sparkling wines and aerated semi-sparkling wines, include the name of a quality wine psr, — quality wines psr, include the name of a table wine; — imported wines, include the name of a table wine or a quality wine psr; (b) in the case of table wines with geographical indication, quality wines psr or imported wines, contain false information, particularly with regard to geographical origin, the vine variety, vintage year or a reference to a superior quality; (c) in the case of table wines other than those referred to in (b), liqueur wines, semi-sparkling wines and aerated semi-sparkling wines contain information concerning geographical origin, vine variety, vintage year or a reference to a superior quality; (d) in the case of imported wines, may cause confusion owing to an illustration used to distinguish a table wine, a liqueur wine, a semi-sparkling wine, an aerated semi-sparkling wine, a quality wine psr or an imported wine described by means of a geographical indication.

2.

By way of derogation from point (b) of the first subparagraph of paragraph 1, the holder of a registered trade mark for a wine of a grape must which is identical: — to the name of a geographical unit smaller than a specified region used to describe a quality wine psr, or — to the name of a geographical unit used to describe a table wine designated by means of a geographical indication, or — to the name of an imported wine described by means of a geographical indication may, even if he is not entitled to use such a name pursuant to the first subparagraph of point 1, continue to use that trade mark until 31 December 2002, provided that the trade mark in question: (a) was registered not later than 31 December 1985 by the competent authority of a Member State in accordance with the legislation in force at the time of registration; and (b) has actually been used without interruption since its registration until 31 December 1986 or, if registration took place before 1 January 1984, at least since the latter date. Moreover, the holder of a well-known registered brand name for a wine or grape must which contains wording that is identical to the name of a specified region or the name of a geographical unit smaller than a specified region may, even if he is not entitled to use such a name pursuant to point 1, continue to use that brand name where it corresponds to the identity of its original holder or of the original provider of the name, provided that the brand name was registered at least 25 years before the official recognition of the geographical name in question by the producer Member State in accordance with the relevant Community provisions as regards quality wines psr and that the brand name has actually been used without interruption. Brand names complying with the conditions of the first and second subparagraphs may not be invoked against the use of the names of geographical units used to describe a quality wine psr or a table wine.

3.	The Council, acting by a qualified majority on a proposal from the Commission before 31 December 2002, shall decide whether to extend the time limit referred to in the first subparagraph of paragraph 2.

4.

Member States shall communicate to the Commission the trade marks referred to in paragraph 2 as and when they are informed thereof. The Commission shall forward that information to the competent authorities of the Member States designated to verify compliance with Community provisions in the wine sector.

G.   Placing on the market, control and protection

1.

As from the moment the product is placed on the market in a container of a nominal volume of not more than 60 litres, the container shall be labelled. Such labelling shall be in accordance with the provisions of this Regulation; this also applies to labelled containers of a nominal volume of more than 60 litres.

2.	Derogations from point 1 may be decided upon.

3.	Each Member State shall be responsible for the control and protection of quality wines psr and table wines with geographical indication marketed in accordance with this Regulation.

4.

Imported wines intended for direct human consumption and bearing a geographical indication may be eligible, with regard to their marketing in the Community and subject to reciprocity, for the protection and control scheme referred to in paragraph 3. The preceding subparagraph shall be implemented by means of agreements with the third countries concerned, negotiated and concluded in accordance with the procedure laid down in Article 133 of the Treaty.

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ANNEX VIII

DESCRIPTION, DESIGNATION, PRESENTATION AND PROTECTION OF SPARKLING WINES

A.   Definitions

1.

This Annex lays down general rules for the description and presentation of: (a) the sparkling wines defined in point 15 of Annex I, produced in the Community; (b) the aerated sparkling wines defined in point 16 of Annex I, originating in the Community; (c) the sparkling wines defined in accordance with this Regulation by the procedure in Article 75, originating in third countries; (d) the aerated sparkling wines defined in accordance with this Regulation by the procedure in Article 75, originating in third countries. The sparkling wines referred to in (a) shall comprise: — the sparkling wines referred to in point H of Annex V, — the quality sparkling wines referred to in point I of Annex V, and — the quality sparkling wines produced in specified regions (quality sparkling wines psr) referred to in point K of Annex VI.

2.

For the purposes of this Annex: — ‘labelling’ means all references, symbols, illustrations and marks or any other description which serve to distinguish the product and which appear on the same container, including the closure, or on tags attached to the container and the sheathing covering the neck of bottles, — ‘packaging’ means protective wrappings, such as paper, straw envelopes of all kinds, cartons and cases, used in the transport of one or more containers and/or for presenting them with a view to sale to the final consumer, — ‘producer’ of a product referred to in paragraph 1 means the natural or legal person or group of persons by whom or on whose behalf production is carried out, — ‘production’ means the processing of fresh grapes, grape musts and wines into a product referred to in paragraph 1.

B.   Compulsory particulars

1.

In the case of the products referred to in paragraph 1 of point A, the description on the labelling shall include the following information: (a) the name under which the product is sold, in accordance with paragraph 2 of point D; (b) the nominal volume of the product; (c) the type of product, in accordance with paragraph 3 of point D; (d) the actual alcoholic strength by volume, in accordance with detailed rules to be determined.

2.

In the case of the products referred to in paragraph 1(a) and (b) of point A, the description on the labelling shall include, in addition to the information specified in paragraph 1: — the name or business name of the producer or of a vendor established in the Community, and — the names of the local administrative area or part of such area, and Member State in which the abovementioned person's head office is situated, in accordance with paragraphs 4 and 5 of point D. However, producer Member States may make it compulsory for the name or business name of the producer to be shown written in full. Where the label features the name or business name of the producer and where production takes place in a different local administrative area, part of such area or Member State from that referred to in the second indent of the first subparagraph, the information referred to therein shall be supplemented by the name of the local administrative area or part of such area where production was carried out and, if production took place in another Member State, by the name of that Member State.

3.

In the case of the products referred to in paragraph 1(c) and (d) of point A, the description on the labelling shall include the following information in addition to the information specified in paragraph 1: (a) the name or business name of the importer and the names of the local administrative area and Member State in which the importer's head office is situated; (b) the name or business name of the producer and the names of the local administrative area and third country in which the producer's head office is situated, in accordance with paragraphs 4 and 5 of point D.

4.

The description on the labelling shall include additional information in the following cases: — in the case of products produced from wines originating in third countries, as referred to in the sixth indent of point 15 of Annex I, the description on the labelling shall indicate that the product has been produced from imported wines and shall specify the third country in which the wine used in constituting the cuvée originated, — in the case of quality sparkling wines psr, the name of the specified region in which the grapes used to make the product were harvested shall be given on the labelling, — in the case of quality sparkling wines of the aromatic type referred to in paragraph 10 of point K 10 of Annex VI, the description on the labelling shall include either the name of the vine variety from which they were obtained or the words ‘produced from aromatic varieties of grape’.

C.   Optional particulars

1.

In the case of the products referred to in paragraph 1 of point A, the description on the labelling may be supplemented by other particulars, provided that: — they are not liable to mislead the persons for whom the information is intended, particularly as regards the mandatory information specified in point B and the optional information specified in point E, — where appropriate, the provisions of point E are observed.

2.

For the purposes of monitoring and control in the sparkling wine sector, the competent authorities on the matter may, with due regard to the general rules of procedure adopted by each Member State, require of the producer or vendor referred to in the first indent of the first subparagraph of paragraph 2 of point B, proof of the accuracy of the information, used for the description concerning the nature, identity, quality, composition, origin or provenance of the product concerned or of the products used in its production. Where such a request is made by: — the competent authority of the Member State in which the producer or vendor is established, proof shall be required directly of such persons by that authority, — the competent authority of another Member State, that authority shall provide the competent authority of the country in which the producer or vendor is established, within the framework of direct cooperation between them, with all the information necessary to enable the latter authority to acquire such proof; the requesting authority shall be informed of the action taken as a result of its request. If the competent authorities find that such proof is not provided, the information in question shall be regarded as not complying with this Regulation.

D.   Detailed rules governing the compulsory particulars

1.

The items of information specified in point B: — shall appear together within the same visual field on the container, and — shall be presented in clear, legible and indelible characters which are large enough to stand out well from the background on which they are printed and to be distinguished clearly from all other written or pictorial matter. The compulsory information on the importer may, however, be featured outside the visual field in which the other compulsory items of information appear.

2.

The sales description referred to in paragraph 1(a) of point B shall be indicated by one of the following expressions: (a) in the case of a sparkling wine referred to in point H of Annex V, ‘sparkling wine’; (b) in the case of a quality sparkling wine referred to in point I of Annex V, other than referred to in (d) of this paragraph, ‘quality sparkling wine’ or ‘Sekt’; (c) in the case of quality sparkling wine psr referred to in point K of Annex VI: — ‘quality sparkling wine produced in a specified region’ or ‘quality sparkling wine psr’, or ‘Sekt bestimmter Anbaugebiete’or ‘Sekt bA’, or — a specific traditional term chosen from among those referred to in the fourth sub-indent of the second indent of paragraph 2(c) of point A of Annex VII by the Member State in which production took place and contained on a list to be drawn up, or — one of the names of the specified regions of quality sparkling wines psr referred to in the second indent of paragraph 2(c) of point A of Annex VII, or — two of the expressions used in combination. However, the Member States may require that, in the case of certain quality sparkling wines psr produced in their territory, certain expressions referred to in the first subparagraph are to be used either on their own or in combination; (d) in the case of a quality sparkling wine of the aromatic type referred to in paragraph 3 of point I of Annex V, ‘quality aromatic sparkling wine’; (e) in the case of sparkling wine originating in a third country: — ‘sparkling wine’, — or — ‘quality sparkling wine’ or ‘Sekt’, where the conditions laid down for the production of such wine have been recognised as equivalent to those set out in point I of Annex V. For such sparkling wines the sales description shall be accompanied by a reference to the third country in which the grapes used were harvested, fermented and made into sparkling wine. Where the products used to produce the sparkling wine were obtained in a country other than that in which production took place, the indication of the country of production pursuant to paragraph 3 of point B must stand out clearly from all the indications shown on the labelling; (f) in the case of an aerated sparkling wine originating in the Community or in a third country, ‘aerated sparkling wine’. If the language used for this item of information does not indicate that carbon dioxide has been added, the words ‘obtained by the addition of carbon dioxide’ shall be added to the labelling in accordance with detailed rules to be determined.

3.

Product type as determined by the sugar content referred to in paragraph 1(c) of point B shall be indicated by one of the following terms understandable in the Member State or third country of destination in which the product is offered for direct human consumption: ▼M9 — ‘brut nature’, ‘naturherb’, ‘bruto natural’, ‘pas dosé’, ‘dosage zéro’, ‘natūralusis briutas’, ‘īsts bruts’, ‘přírodně tvrdé’, ‘popolnoma suho’, ‘dosaggio zero’, ‘брют натюр’ or ‘brut natur’: if its sugar content is less than 3 grams per litre; these terms may be used only for products to which no sugar has been added after the secondary fermentation; — ‘extra brut’, ‘extra herb’, ‘ekstra briutas’, ‘ekstra brut’, ‘ekstra bruts’, ‘zvláště tvrdé’, ‘extra bruto’, ‘izredno suho’, ‘ekstra wytrawne’ or ‘екстра брют’: if its sugar content is between 0 and 6 grams per litre; — ‘brut’, ‘herb’, ‘briutas’, ‘bruts’, ‘tvrdé’, ‘bruto’, ‘zelo suho’, ‘bardzo wytrawne’ or ‘брют’: if its sugar content is less than 15 grams per litre; — ‘extra dry’, ‘extra trocken’, ‘extra seco’, ‘labai sausas’, ‘ekstra kuiv’, ‘ekstra sausais’, ‘különlegesen száraz’, ‘wytrawne’, ‘suho’, ‘zvláště suché’, ‘extra suché’, ‘екстра сухо’ or ‘extra sec’: if its sugar content is between 12 and 20 grams per litre; — ‘sec’, ‘trocken’, ‘secco’ or ‘asciutto’, ‘dry’, ‘tør’, ‘ξηρός’, ‘seco’, ‘torr’, ‘kuiva’, ‘sausas’, ‘kuiv’, ‘sausais’, ‘száraz’, ‘półwytrawne’, ‘polsuho’, ‘suché’ or ‘сухо’: if its sugar content is between 17 and 35 grams per litre; — ‘demi-sec’, ‘halbtrocken’, ‘abboccato’, ‘medium dry’, ‘halvtør’, ‘ημίξηρος’, ‘semi seco’, ‘meio seco’, ‘halvtorr’, ‘puolikuiva’, ‘pusiau sausas’, ‘poolkuiv’, ‘pussausais’, ‘félszáraz’, ‘półsłodkie’, ‘polsladko’ or ‘polosuché’, ‘polosladké’ or ‘полусухо’: if its sugar content is between 33 and 50 grams per litre; — ‘doux’, ‘mild’, ‘dolce’, ‘sweet’, ‘sød’, ‘γλυκύς’, ‘dulce’, ‘doce’, ‘söt’, ‘makea’, ‘saldus’, ‘magus’, ‘pussaldais’, ‘édes’, ‘ħelu’, ‘słodkie’, ‘sladko’, ‘sladké’, ‘сладко’ or ‘dulce’: if its sugar content is greater than 50 grams per litre. ▼B If the sugar content of the product justifies the use of two of the terms specified in the first subparagraph, the producer or importer must choose to use one such term only. Notwithstanding paragraph 1(c) of point B, for quality sparkling wines of the aromatic type as referred to in paragraph 3 of point 1 of Annex V and for quality sparkling wines of the aromatic type produced in specified regions as referred to in paragraph 10 of point K of Annex VI, indication of the type of product as referred to in the first subparagraph may be replaced by indication of the sugar content expressed in grams per litre as determined by analysis. No information other than that specified in the first and third subparagraphs may be used on the labelling to indicate the product type as determined by the sugar content.

4.

The name or business name of the producer and the names of the local administrative area, or part of such area, and State in which the producer's head office is situated shall be given: — either in full, — or in the case of products produced in the Community, in code provided that the name or business name of the person or group of persons other than the producer involved in the commercial distribution of the product, and the local administrative area, or part of such area, and Member State in which the head office of such person or group is situated, are given in full.

5.

Where the name of a local administrative area or part of such area features on the label, either to indicate where the producer or another person involved in the commercial distribution of the product has his head office or to indicate where production took place, and those particulars include the name of a specified region within the meaning of point A of Annex VI other than that which may be used to describe the product in question, that name shall be given by means of a code. However, Member States may lay down other appropriate measures for the description of products produced in their territory, in particular as regards the size of the characters used, which shall be such as to avoid any confusion regarding the geographical origin of the wine.

6.	The expressions used to indicate the production method may be prescribed by the implementing provisions.

E.   Use of certain specific terms

1.

The name of a geographical unit other than a specified region, and smaller than a Member State or a third country, may be used only to supplement the description of: — a quality sparkling wine psr, — a quality sparkling wine to which the implementing provisions have given the name of such a geographical unit, or — as sparkling wine originating in a third country the conditions for whose production are recognised as equivalent to those laid down in point I of Annex V for a quality sparkling wine bearing the name of a geographical unit. Use of such a name shall be allowed only if: (a) it conforms to the rules of the Member State or third country in which the sparkling wine was produced; (b) the geographical unit in question is defined exactly; (c) all the grapes from which the product was obtained came from that geographical unit, with the exception of the products contained in tirage liqueur or expedition liqueur; (d) in the case of a quality sparkling wine psr, the geographical unit is situated within the specified region whose name the wine bears; (e) in the case of quality sparkling wines, the name of that geographical unit is not laid down for describing a quality sparkling wine psr. Notwithstanding clause (c) of the second subparagraph, Member States may authorise use of the name of a geographical unit smaller than a specified region to supplement the description of a quality sparkling wine psr if at least 85 % of the product was obtained from grapes harvested in that unit.

2.

The name of a vine variety may be used only to supplement the description of a product referred to in paragraph 1 of point A, — at (a), — or — at (c) where the conditions for its production are recognised as equivalent to those laid down in point I of Annex V or point K of Annex VI. The name of a vine variety or a synonym of that name may be indicated only if: (a) the cultivation of that variety and the use of the products obtained thereform conform to Community provisions or to the provisions of the third country in which the grapes used were harvested; (b) that variety appears on a list to be adopted by the Member State in which the products used for constituting the cuvée were obtained; in the case of quality sparkling wines psr, that list shall be drawn up pursuant to paragraph 1 of point B or paragraph 10(a) of point K of Annex VI; (c) the name of that variety cannot be confused with the name of a specified region or geographical unit used to describe another wine produced in the Community or imported; (d) the name of that variety shall not be repeated in the same expression unless more than one variety bearing that name exists and that name is on a list to be adopted by the producer Member State. That list shall be communicated to the Commission, which shall inform the other Member States accordingly; (e) the product was obtained entirely from the variety in question, with the exception of the products contained intirage liqueur or expedition liqueur, and if the variety has a preponderant effect on the nature of the product in question; (f) the length of the production process, including ageing in the establishment of production, reckoned from the start of the fermentation process designed to make the cuvée sparkling, has not been less than 90 days and provided that the duration of fermentation designed to make the cuvée sparkling and the presence of the cuvée on the lees have lasted: — at least 60 days, — at least 30 days if the fermentation takes place in containers with stirrers. This provision shall not, however, apply to sparkling wines of the aromatic type referred to in paragraph 3 of point I of Annex V or paragraph 10 of point K of Annex VI. Notwithstanding the second subparagraph, producer Member States may: — authorise use of the name of one vine variety if at least 85 % of the grapes from which the product was obtained came from that variety, with the exception of the products contained in tirage liqueur or expedition liqueur, and if that variety has a preponderant effect on the nature of the product in question, — authorise use of the name of two vine varieties where the regulations of the producer Member State so provide and on condition that all the grapes from which the product was obtained come from those three varieties, with the exception of the products contained in tirage liqueur and expedition liqueur and if the blend of those two or three varieties is critical for the product's distinctive character. — limit such use to certain names of vine varieties referred to in the second subparagraph.

3.

The expression ‘bottle-fermented’ may be used only to describe: — a quality sparkling wine psr, — a quality sparkling wine, — or — a sparkling wine originating in a third country the conditions for whose production are recognised as equivalent to those laid down in point I of Annex V or in point K of Annex VI. Use of the expression referred to in the first subparagraph shall be allowed only if: (a) the product was made sparkling by a second alcoholic fermentation in the bottle; (b) the length of the production process, including ageing in the undertaking where the product was made, reckoned from the start of the fermentation process designed to make the cuvée sparkling, has not been less than nine months; (c) the process of fermentation designed to make the cuvée sparkling and the presence of the cuvée on the lees lasted at least 90 days; (d) the product was separated from the lees by filtering in accordance with the racking method or by disgorging.

4.

The expressions ‘bottle-fermented by the traditional method’or ‘traditional method’ or ‘classical method’ or ‘classical traditional method’ and any expressions resulting from a translation of them may be used only to describe: — a quality sparkling wine psr, — a quality sparkling wine, — or — a sparkling wine originating in a third country the conditions for whose production are recognised as equivalent to those laid down in point I of Annex V or in point K of Annex VI. Use of one of the expressions referred to in the first subparagraph shall be allowed only if the product: (a) was made sparkling by a second alcoholic fermentation in the bottle; (b) stayed without interruption in contact with the lees for at least nine months in the same undertaking from the time when the cuvée was constituted; (c) was separated from the lees by disgorging.

5.

An expression relating to a method of production which includes the name of a specified region or of another geographical unit, or a term derived from either of these, may be used only to describe: — a quality sparkling wine psr, — a quality sparkling wine, — or — a sparkling wine originating in a third country the conditions for whose production are recognised as equivalent to those laid down in point 1 of Annex V or in point K of Annex VI. Such expressions may be used only to describe a product entitled to one of the geographical ascriptions referred to in the first subparagraph.

6.

With regard to quality sparkling wines psr which fulfil the conditions laid down in the second subparagraph of paragraph 4: (a)  ►A1  the term ‘Winzersekt’ shall be reserved for quality sparkling wines psr produced in Germany, the term ‘Hauersekt’ shall be reserved for quality sparkling wines psr produced in Austria, the term ‘pěstitelský sekt’ shall be reserved for quality sparkling wines psr produced in the Czech Republic and the term ‘Termelői pezsgő’ shall be reserved for quality sparkling wines psr produced in Hungary, all of which are: ◄ — produced from grapes harvested in the same vineyard, including producer groups, where the producer, as defined in paragraph 4 of point D, makes into wine grapes intended for the preparation of quality sparkling wines psr, — marketed by the producer referred to in the first indent and made available with labels indicating the vineyard, the vine variety and the year. Under the arrangements applicable, additional conditions may be imposed on use of the term ‘Winzersekt’ and on use of equivalent terms in other Community languages. Under the same arrangements, a Member State may be authorised to lay down special and, in particular, more restrictive arrangements. The terms referred to in the preceding subparagraphs may be used only in the language of origin; (b) the term ‘crémant’ shall be reserved for quality sparkling wines psr: — to which this term has been applied, in combination with the name of the specified region, by the Member State in which the wine was made, — made from must obtained by pressing whole grapes, with regard to white quality sparkling wines psr, the quantity of must obtained not exceeding 100 litres for every 150 kg of grapes, — with a maximum sulphur dioxide content of 150 mg/l, — with a sugar content of less than 50 g/l, — and — produced in accordance with any additional special rules governing their production and description laid down by the Member State in which they are made. By way of derogation from the first indent, for the quality sparkling wines psr to which the term ‘crémant’ has not been applied by the Member State concerned in accordance with that provision, the producers of these quality sparkling wines psr may use this term provided they have traditionally used the said term for at least 10 years prior to 1 July 1996. The Member State concerned shall inform the Commission of the cases in which use is made of this derogation.

7.

The vintage year may be used only in the description of: — a quality sparkling wine psr, — a quality sparkling wine, — or — a sparkling wine originating in a third country the conditions for whose production are recognised as equivalent to those laid down in point I of Annex V or in point K of Annex VI. Reference to the vintage year shall be allowed only if at least 85 % of the product was obtained from grapes harvested in the year in question, with the exception of the products contained in tirage liqueur or expedition liqueur. However, Member States may prescribe that the vintage year may be given for quality sparkling wines psr produced in their territory only if the product was obtained entirely from grapes harvested in the year in question, with the exception of the products contained in tirage liqueur or expedition liqueur.

8.

Reference to superior quality shall be allowed only in the case of: — a quality sparkling wine psr, — a quality sparkling wine, — or — a sparkling wine originating in a third country the conditions for whose production are recognised as equivalent to those laid down in point I of Annex V or in point K of Annex VI.

9.

The name of a Member State or of a third country, or the adjective derived from that name, may not be used in combination with the sales description referred to in paragraph 2 of point D, unless the product is produced in the territory of that Member State or third country and is made exclusively from grapes harvested and processed into wine in that same territory.

10.

The description of a product referred to in paragraph 1 of point A may not be supplemented by a reference or symbol relating to a medal or prize obtained after taking part in a competition, or to any other distinction, unless they have been awarded, by an official body or a body officially recognised for the purpose, to a given quantity of the product in question.

11.

The terms ‘Premium’ or ‘Reserve’ may be used only to supplement: — the term ‘quality sparkling wine’, — or — one of the terms referred to in paragraph 2(c) of point D. The term ‘Réserve’ may, if appropriate, be supplemented by a description under the conditions laid down by the producer Member State.

12.

Where necessary, the implementing provisions may lay down: (a) conditions for the use of: — the expression referred to in paragraph 8, — terms relating to a manufacturing method other than those referred to in paragraphs 3 to 6, — expressions referring to the specific characteristics of the vine varieties from which the product in question is made; (b) a list of the expressions referred to at (a).

F.   Languages which may be used for labelling

The information specified:

In the case of products put on the market in their territory, Member States may allow this information to be given also in a language other than an official language of the Communities where the use of such language is traditional and customary in the Member State concerned or in a part of its territory.

However:

▼M8

▼B

G.   Presentation

1.

The products referred to in paragraph 1 of point A may be held for sale or put on the market only in glass bottles which: (a) are closed with: — a mushroom-shaped stopper made of cork or other material permitted to come into contact with foodstuffs, held in place by a fastening, covered, if necessary, by a cap and sheathed in foil completely covering the stopper and all or part of the neck of the bottle, — any other suitable closure in the case of bottles with a nominal content not exceeding 0,20 litres, and (b) bear labelling conforming to the provisions of this Regulation. The closing device referred to in the first and second indents of point (a) of the first subparagraph may not be covered by a capsule or foil manufactured on the basis of lead. However, in the case of products covered by paragraph 1 of point A which are produced by a second alcoholic fermentation in the bottle as referred to in paragraphs 3 and 4 of point E, exceptions for sparkling wines still in the process of production where they are closed with a temporary stopper and are not labelled may be: (a) laid down by the producer Member State, provided that such wines: — are intended to become quality sparkling wines psr, — only circulate between producers within the specified region concerned, — are covered by an accompanying document — and — are the subject of specific scrutiny; (b) applied until 31 December 2001 to producers of quality sparkling wines that have been expressly authorised by the Member State concerned and comply with the conditions laid down by that Member State, especially with regard to monitoring. Before 30 June 2000 the Member States concerned shall send the Commission a report on the application of these exceptions. The Commission shall, if appropriate, submit the necessary proposals for the continuation of the exceptions.

2.

In accordance with rules to be specified, only the following may be put up in ‘sparkling wine’-type or similar bottles fitted with closing devices as referred to in paragraph 1(a) with a view to sale, placing on the market or export: — the products as referred to in paragraph 1 of point A, — beverages which are traditionally put up in such bottles and which: —  — comply with the definitions of semi-sparkling wine or aerated semi-sparkling wine as referred to in points 17 and 18 of Annex I, — or — are obtained by alcoholic fermentation of a fruit or of another agricultural raw material, in particular the products referred to in paragraph 2 of point C of Annex VII and the products covered by Regulation (EEC) No 1601/91, laying down general rules on the definition, description and presentation of aromatised wines, wine-based drinks and aromatised wine-product cocktails ( 57 ), — or — have an actual alcoholic strength by volume not greater than 1,2 % vol., — products which are not likely, despite the fact that they are put up in this way, to create confusion or mislead consumers with regard to the real nature of the product.

3.

Insofar as labelling is not governed by this Regulation it may be governed by implementing provisions, in particular as regards: (a) the positioning of labels in containers; (b) the minimum size of labels; (c) the arrangement on labels of the various items comprising the description; (d) the size of the characters on labels; (e) the use of symbols, illustrations and brand names.

4.	Without prejudice to paragraph 5, where the packaging of a product referred to in paragraph 1 of point A bears one or more items of information referring to the product packed in it, such items of information must comply with the provision of this Regulation.

5.

Where containers containing a product referred to in paragraph 1 of point A are presented for sale to the final consumer in a package, it must be labelled in accordance with this Regulation. Arrangements for avoiding excessive strictness in the case of special packaging containing small quantities of the products referred to in paragraph 1 of point A, on their own or with other products, shall be adopted.

H.   Brand names

1.

Where the description, presentation and advertising of the products referred to in paragraph 1 of point A are supplemented by brand names, such brand names may not contain any words, syllables, signs or illustrations which: (a) are likely to cause confusion or mislead the persons to whom they are addressed within the meaning of Article 48; or (b) are liable to be confused with all or part of the description of a table wine, a quality wine produced in a specified region, including a quality sparkling wine psr or an imported wine whose description is governed by Community provisions or with the description of any other product referred to in paragraph 1 of point A, or are identical to the description of any such product, unless the products used for constituting the cuvée of the sparkling wine in question are entitled to such description or presentation.

2.

Notwithstanding paragraph 1(b), the holder of a well-known registered brand name for a product referred to in paragraph 1 of point A, which contains wording that is identical to the name of a specified region or the name of a geographical unit smaller than a specified region may, even if he is not entitled to use such a name pursuant to paragraph 1, continue to use that brand name where it corresponds to the identity of its original holder or of the original provider of the name, provided that the brand name was registered at least 25 years before the official recognition of the geographical name in question by the producer Member State in accordance with Article 54(4) as regards quality wines psr and that the brand name has actually been used without interruption. Brand names complying with the conditions of the first subparagraph may not be invoked against the use of the name of geographical units used to describe a quality wine psr.

I.   General provisions

1.

Without prejudice to paragraph 1 of point F, each Member State shall accept the description and presentation of products referred to in paragraph 1 of point A which originate in other Member States and are put on the market in its territory, provided that such description and presentation conform to Community rules and are allowed pursuant to this Regulation in the Member State in which the product was produced.

2.	The description, presentation and advertising of products other than those covered by paragraph 1 of point A may not indicate, imply or suggest that the product concerned is a sparkling wine.

3.

The sales descriptions set out in paragraph 2 of point D shall be used only for the products referred to in paragraph 1 of point A. However, Member States may allow the term ‘sparkling wine’ to be used in the form of a composite name to describe a beverage falling within CN code 2206 00 91 obtained by alcoholic fermentation of a fruit or another agricultural raw material where use of those composite names is traditional, pursuant to legislation in force on 29 November 1985.

4.	The composite names referred to in the second subparagraph of paragraph 3 shall be indicated on the labelling in characters of the same type and colour and of a height which enables them to stand out clearly from other information.

5.

Quality sparkling wines psr may be put on the market only on condition that the name of the specified region to which they are entitled is marked on the cork and that the bottle carries a label from the time it leaves the place of preparation. However, as regards labelling, exceptions may be permitted provided that appropriate controls are ensured.

6.

Provisions for the implementation of paragraph 5 shall be adopted, as well as derogations concerning marking on the cork referred to in the first subparagraph of paragraph 5, where, on the occasion of a check by the competent authority, a sparkling wine is not recognised as a quality sparkling wine psr.

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( 1 ) OJ C 271, 31.8.1998, p. 21.

( 2 ) Opinion delivered on 6 May 1999 (not yet published in the Official Journal).

( 3 ) OJ C 101, 12.4.1999, p. 60.

( 4 ) OJ C 93, 6.4.1999, p. 1.

( 5 ) OJ L 84, 27.3.1987, p. 1.

( 6 ) OJ L 210, 28.7.1998, p. 8.

( 7 ) OJ L 54, 5.3.1979, p. 72.

( 8 ) OJ L 54, 5.3.1979, p. 90.

( 9 ) OJ L 106, 26.4.1991, p. 6.

( 10 ) OJ L 58, 9.3.1979, p. 1.

( 11 ) OJ L 367, 31.12.1985, p. 39.

( 12 ) OJ L 57, 29.2.1980, p. 16.

( 13 ) OJ L 163, 22.6.1983, p. 52.

( 14 ) OJ L 57, 29.2.1980, p. 23.

( 15 ) OJ L 57, 29.2.1980, p. 27.

( 16 ) OJ L 67, 14.3.1991, p. 16.

( 17 ) OJ L 176, 3.7.1984, p. 6.

( 18 ) OJ L 353, 24.12.1997, p. 2.

( 19 ) OJ L 97, 4.4.1987, p. 2.

( 20 ) OJ L 362, 31.12.1985, p. 8.

( 21 ) OJ L 84, 27.3.1987, p. 59.

( 22 ) OJ L 184, 24.7.1996, p. 1.

( 23 ) OJ L 132, 28.5.1988, p. 3.

( 24 ) OJ L 108, 27.4.1999, p. 9.

( 25 ) OJ L 346, 15.12.1988, p. 7.

( 26 ) OJ L 373, 31.12.1988, p. 59.

( 27 ) OJ L 210, 28.7.1998, p. 11.

( 28 ) OJ L 202, 14.7.1989, p. 14.

( 29 ) OJ L 335, 24.12.1996, p. 7.

( 30 ) OJ L 202, 14.7.1989, p. 32.

( 31 ) OJ L 232, 9.8.1989, p. 1.

( 32 ) OJ L 292, 25.10.1997, p. 3.

( 33 ) OJ L 232, 9.8.1989, p. 7.

( 34 ) OJ L 353, 24.12.1997, p. 1.

( 35 ) OJ L 232, 9.8.1989, p. 10.

( 36 ) OJ L 232, 9.8.1989, p. 13.

( 37 ) OJ L 184, 24.7.1996, p. 3.

( 38 ) OJ L 360, 9.12.1989, p. 1.

( 39 ) OJ L 297, 18.11.1994, p. 1.

( 40 ) OJ L 368, 31.12.1991, p. 1.

( 41 ) OJ L 231, 13.8.1992, p. 1.

( 42 ) OJ L 231, 13.8.1992, p. 9.

( 43 ) OJ L 184, 24.7.1996, p. 9.

( 44 ) OJ L 160, 26.6.1999, p. 80.

( 45 ) OJ C 32, 6.2.1999, p. 12.

( 46 ) OJ L 208, 31.7.1986, p. 1.

( 47 ) OJ L 210, 28.7.1998, p. 14.

( 48 ) OJ L 336, 23.12.1994, p. 1.

( 49 ) OJ L 336, 23.12.1994, p. 22.

( 50 ) OJ L 160, 26.6.1999, p. 103.

( 51 ) OJ L 336, 23.12.1994, p. 86;

( 52 ) OJ L 161, 26.6.1999, p. 1.

( 53 ) OJ L 177, 1.7.1981, p. 4. Regulation as last amended by Regulation (EC) No 1148/98 (OJ L 159, 3.6.1998, p. 38.)

( 54 ) OJ L 181, 1.7.1992, p. 21. Regulation as last amended by Regulation (EG) No 1253/1999 (OJ L 160, 26.6.1999, p. 18.)

( 55 ) OJ L 237, 10.9.1994, p. 13.

( 56 ) OJ L 186, 30.6.1989, p. 21.

( 57 ) OJ L 149, 14.6.1991, p. 1.