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Council Regulation (EC) No 491/2009Dangos y teitl llawn

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

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ANNEX III

ANNEX XIb

CATEGORIES OF GRAPEVINE PRODUCTS

1. Wine

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

Wine shall:

(a)

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

(b)

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

(c)

have a total alcoholic strength of not more than 15 % volume. However, by way of derogation:

  • the upper limit for the total alcoholic strength may reach up to 20 % volume for wines which have been produced without any enrichment from certain wine-growing areas of the Community, to be decided by the Commission in accordance with the procedure referred to in Article 195(4),

  • the upper limit for the total alcoholic strength may exceed 15 % volume for wines with a protected designation of origin which have been produced without enrichment;

(d)

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

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

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

2. New wine still in fermentation

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

3. Liqueur wine

Liqueur wine shall be the product:

(a)

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

(b)

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

(c)

which is obtained from:

  • grape must in fermentation,

  • wine,

  • a combination of the above products, or

  • grape must or a mixture thereof with wine in so far as liqueur wines, to be determined by the Commission in accordance with the procedure referred to in Article 195(4), with a protected designation of origin or a protected geographical indication are concerned;

(d)

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

(e)

to which the following has been added:

(i)

individually or in combination:

  • neutral alcohol of vine origin, including alcohol produced from the distillation of dried grapes, having an actual alcoholic strength of not less than 96 % volume,

  • wine or dried grape distillate, having an actual alcoholic strength of not less than 52 % volume and not more than 86 % volume;

(ii)

together with one or more of the following products where appropriate:

  • concentrated grape must,

  • a combination of one of the products referred to in point (e)(i) with a grape must referred to in the first and fourth indent of point (c);

(f)

to which, by way of derogation from point (e), has been added, in so far as certain liqueur wines with a protected designation of origin or a protected geographical indication are concerned which appear on a list to be drawn up by the Commission in accordance with the procedure referred to in Article 195(4):

(i)

either of products listed in point (e)(i) individually or in combination; or

(ii)

one or more of the following products:

  • wine alcohol or dried grape alcohol with an actual alcoholic strength of not less than 95 % volume and not more than 96 % volume,

  • spirits distilled from wine or from grape marc, with an actual alcoholic strength of not less than 52 % volume and not more than 86 % volume,

  • spirits distilled from dried grapes, with an actual alcoholic strength of not less than 52 % volume and of less than 94,5 % volume; and

(iii)

one or more of the following products, where appropriate:

  • partially fermented grape must obtained from raisined grapes,

  • concentrated grape must obtained by the action of direct heat, complying, with the exception of this operation, with the definition of concentrated grape must,

  • concentrated grape must,

  • a combination of one of the products listed in point (f)(ii) with a grape must referred to in the first and fourth indents of point (c).

4. Sparkling wine

Sparkling wine shall be the product:

(a)

which is obtained by first or second alcoholic fermentation:

  • from fresh grapes,

  • from grape must, or,

  • from wine;

(b)

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

(c)

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

(d)

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

5. Quality sparkling wine

Quality sparkling wine shall be the product:

(a)

which is obtained by first or second alcoholic fermentation:

  • from fresh grapes,

  • from grape must, or

  • from wine;

(b)

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

(c)

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

(d)

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

6. Quality aromatic sparkling wine

Quality aromatic sparkling wines shall be the quality sparkling wine:

(a)

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

(b)

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

(c)

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

(d)

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

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

7. Aerated sparkling wine

Aerated sparkling wine shall be the product which:

(a)

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

(b)

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

(c)

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

8. Semi-sparkling wine

Semi-sparkling wine shall be the product which:

(a)

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

(b)

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

(c)

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

(d)

is placed in containers of 60 litres or less.

9. Aerated semi-sparkling wine

Aerated semi-sparkling wine shall be the product which:

(a)

is obtained from wine;

(b)

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

(c)

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

(d)

is placed in containers of 60 litres or less.

10. Grape must

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

11. Partially fermented grape must

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

12. Partially fermented grape must extracted from raisined grapes

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

13. Concentrated grape must

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

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

14. Rectified concentrated grape must

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

(a)

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

(b)

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

(c)

has the following characteristics:

  • a pH of not more than 5 at 25 Brix,

  • an optical density at 425 nm for a thickness of 1 cm of not more than 0,100 in grape must concentrated at 25 Brix,

  • a sucrose content undetectable by a method of analysis to be defined,

  • a Folin-Ciocalteu index of not more than 6,00 at 25 °Brix,

  • a titratable acidity of not more than 15 milliequivalents per kilogram of total sugars,

  • a sulphur dioxide content of not more than 25 milligrams per kilogram of total sugars,

  • a total cation content of not more than 8 milliequivalents per kilogram of total sugars,

  • a conductivity at 25 °Brix and 20 °C of not more than 120 micro-Siemens/cm,

  • a hydroxymethylfurfural content of not more than 25 milligrams per kilogram of total sugars,

  • presence of mesoinositol.

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

15. Wine from raisined grapes

Wine from raisined grapes shall be the product which:

(a)

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

(b)

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

(c)

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

16. Wine of overripe grapes

Wine of overripe grapes shall be the product which:

(a)

is produced without enrichment;

(b)

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

(c)

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

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

17. Wine vinegar

Wine vinegar shall be vinegar which:

(a)

is obtained exclusively by acetous fermentation of wine; and

(b)

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

Appendix to Annex XIbWine growing zones

The wine-growing zones shall be the following:

1.

Wine-growing zone A comprises:

(a) in Germany

:

the areas planted with vines other than those included in paragraph 2(a);

(b) in Luxembourg

:

the Luxembourg wine-growing region;

(c) in Belgium, Denmark, Ireland, the Netherlands, Poland, Sweden and the United Kingdom

:

the wine-growing areas of these countries;

(d) in the Czech Republic

:

the wine growing region of Čechy.

2.

Wine-growing zone B comprises:

(a)

in Germany, the areas planted with vines in the specified region Baden;

(b)

in France, the areas planted with vines in the departments not mentioned in this Annex and in the following departments:

— in Alsace

:

Bas-Rhin, Haut-Rhin,

— in Lorraine

:

Meurthe-et-Moselle, Meuse, Moselle, Vosges,

— in Champagne

:

Aisne, Aube, Marne, Haute-Marne, Seine-et-Marne,

— in the Jura

:

Ain, Doubs, Jura, Haute-Saône,

— in Savoie

:

Savoie, Haute-Savoie, Isère (commune de Chapareillan),

— in the Val de Loire

:

Cher, Deux-Sèvres, Indre, Indre-et-Loire, Loir-et-Cher, Loire-Atlantique, Loiret, Maine-et-Loire, Sarthe, Vendée, Vienne, and the areas planted with vines in the arrondissement of Cosne-sur-Loire in the department of Nièvre;

(c)

in Austria, the Austrian wine-growing area;

(d)

in the Czech Republic, the wine-growing region of Morava and the areas planted with vines not included in paragraph 1(d);

(e)

in Slovakia, the areas planted with vines in the following regions: Malokarpatská vinohradnícka oblast, Južnoslovenská vinohradnícka oblast, Nitrianska vinohradnícka oblast, Stredoslovenská vinohradnícka oblast, Východoslovenská vinohradnícka oblast and the wine growing areas not included in paragraph 3(f);

(f)

in Slovenia, the areas planted with vines in the following regions:

— in the Podravje region

:

Štajerska Slovenija, Prekmurje,

— in the Posavje region

:

Bizeljsko Sremič, Dolenjska and Bela krajina, and the areas planted with vines in the regions not included in paragraph 4(d);

(g)

in Romania, in the area of Podișul Transilvaniei.

3.

Wine-growing zone C I comprises:

(a)

in France, areas planted with vines:

  • in the following departments: Allier, Alpes-de-Haute-Provence, Hautes-Alpes, Alpes-Maritimes, Ariège, Aveyron, Cantal, Charente, Charente-Maritime, Corrèze, Côte-d’Or, Dordogne, Haute-Garonne, Gers, Gironde, Isère (with the exception of the commune of Chapareillan), Landes, Loire, Haute-Loire, Lot, Lot-et-Garonne, Lozère, Nièvre (except for the arrondissement of Cosne-sur-Loire), Puy-de-Dôme, Pyrénées-Atlantiques, Hautes-Pyrénées, Rhône, Saône-et-Loire, Tarn, Tarn-et-Garonne, Haute-Vienne, Yonne,

  • in the arrondissements of Valence and Die in the department of Drôme (except for the cantons of Dieulefit, Loriol, Marsanne and Montélimar),

  • in the arrondissement of Tournon, in the cantons of Antraigues, Burzet, Coucouron, Montpezat-sous-Bauzon, Privas, Saint-Etienne de Lugdarès, Saint-Pierreville, Valgorge and la Voulte-sur-Rhône of the department of Ardèche;

(b)

in Italy, areas planted with vines in the Valle d’Aosta region and in the provinces of Sondrio, Bolzano, Trento and Belluno;

(c)

in Spain, areas planted with vines in the provinces of A Coruña, Asturias, Cantabria, Guipúzcoa and Vizcaya;

(d)

in Portugal, areas planted with vines in that part of the region of Norte which corresponds to the designated wine area of “Vinho Verde” as well as the “Concelhos de Bombarral, Lourinhã, Mafra e Torres Vedras” (with the exception of “Freguesias da Carvoeira e Dois Portos”), belonging to the “Região viticola da Extremadura”,

(e)

in Hungary, all areas planted with vines,

(f)

in Slovakia, areas planted with vines in the Tokajská vinohradnícka oblast,

(g)

in Romania, areas planted with vines not included in paragraphs 2(g) or 4(f).

4.

Wine-growing zone C II comprises:

(a)

in France, areas planted with vines:

  • in the following departments: Aude, Bouches-du-Rhône, Gard, Hérault, Pyrénées-Orientales (except for the cantons of Olette and Arles-sur-Tech), Vaucluse,

  • in the part of the department of Var bounded in the south by the northern limit of the communes of Evenos, Le Beausset, Solliès-Toucas, Cuers, Puget-Ville, Collobrières, La Garde-Freinet, Plan-de-la-Tour and Sainte-Maxime,

  • in the arrondissement of Nyons and the canton of Loriol-sur-Drôme in the department of Drôme,

  • in those parts of the department of Ardèche not listed in paragraph 3(a);

(b)

in Italy, areas planted with vines in the following regions: Abruzzo, Campania, Emilia-Romagna, Friuli-Venezia Giulia, Lazio, Liguria, Lombardy (except for the province of Sondrio), Marche, Molise, Piedmont, Tuscany, Umbria, Veneto (except for the province of Belluno), including the islands belonging to those regions, such as Elba and the other islands of the Tuscan archipelago, the Ponziane islands, Capri and Ischia;

(c)

in Spain, areas planted with vines in the following provinces:

  • Lugo, Orense, Pontevedra,

  • Ávila (except for the communes which correspond to the designated wine “comarca” of Cebreros), Burgos, León, Palencia, Salamanca, Segovia, Soria, Valladolid, Zamora,

  • La Rioja,

  • Álava,

  • Navarra,

  • Huesca,

  • Barcelona, Girona, Lleida,

  • in that part of the province of Zaragoza which lies to the north of the river Ebro,

  • in those communes of the province of Tarragona included in the Penedés designation of origin,

  • in that part of the province of Tarragona which corresponds to the designated wine “comarca” of Conca de Barberá;

(d)

in Slovenia, areas planted with vines in the following regions: Brda or Goriška Brda, Vipavska dolina or Vipava, Kras and Slovenska Istra;

(e)

in Bulgaria, areas planted with vines in the following regions: Dunavska Ravnina (Дунавска равнина), Chernomorski Rayon (Черноморски район), Rozova Dolina (Розова долина);

(f)

in Romania, areas planted with vines in the following regions: Dealurile Buzăului, Dealu Mare, Severinului and Plaiurile Drâncei, Colinele Dobrogei, Terasele Dunării, the South wine region, including sands and other favourable regions.

5.

Wine-growing zone C III (a) comprises:

(a)

in Greece, areas planted with vines in the following nomoi: Florina, Imathia, Kilkis, Grevena, Larisa, Ioannina, Levkas, Akhaia, Messinia, Arkadia, Korinthia, Iraklio, Khania, Rethimni, Samos, Lasithi and the island of Thira (Santorini);

(b)

in Cyprus, areas planted with vines located at altitudes exceeding 600 metres;

(c)

in Bulgaria, areas planted with vines not included in paragraph 4(e).

6.

Wine-growing zone C III (b) comprises:

(a)

in France, areas planted with vines:

  • in the departments of Corsica,

  • in that part of the department of Var situated between the sea and a line bounded by the communes (which are themselves included) of Evenos, Le Beausset, Solliès-Toucas, Cuers, Puget-Ville, Collobrières, La Garde-Freinet, Plan-de-la-Tour and Sainte-Maxime,

  • in the cantons of Olette and Arles-sur-Tech in the department of Pyrénées-Orientales;

(b)

in Italy, areas planted with vines in the following regions: Calabria, Basilicata, Apulia, Sardinia and Sicily, including the islands belonging to those regions, such as Pantelleria and the Lipari, Egadi and Pelagian islands;

(c)

in Greece, areas planted with vines not listed in paragraph 5(a);

(d)

in Spain: areas planted with vines not included in paragraphs 3(c) or 4(c);

(e)

in Portugal, areas planted with vines in the regions not included in paragraph 3(d);

(f)

in Cyprus, areas planted with vines located at altitudes not exceeding 600 metres;

(g)

in Malta, areas planted with vines.

7.

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

Yn ôl i’r brig

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