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Council Regulation (EC) No 491/2009Show full title

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 IVU.K.

ANNEX XVaU.K. ENRICHMENT, ACIDIFICATION AND DE-ACIDIFICATION IN CERTAIN WINE-GROWING ZONES

A. Enrichment limits

1.Where climatic conditions have made it necessary in certain wine-growing zones of the Community referred to in the Appendix to Annex XIb, the Member States concerned may allow to supplement the natural alcoholic strength by volume of fresh grapes, grape must, grape must in fermentation, new wine still in fermentation and wine obtained from wine grape varieties classifiable according to Article 120a(2).
2.The increase in natural alcoholic strength by volume shall be achieved by means of the oenological practices referred to in point B and shall not exceed the following limits:
(a)

3 % volume in wine-growing zone A referred to in the Appendix to Annex XIb;

(b)

2 % volume in wine-growing zone B referred to in the Appendix to Annex XIb;

(c)

1,5 % volume in wine-growing zones C referred to in the Appendix to Annex XIb.

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

B. Enrichment processes

1.The increase in natural alcoholic strength by volume provided for in point A shall only be effected:
(a)

in respect of fresh grapes, grape must in fermentation or new wine still in fermentation, by adding sucrose, concentrated grape must or rectified concentrated grape must;

(b)

in respect of grape must, by adding sucrose, concentrated grape must or rectified concentrated grape must, or by partial concentration, including reverse osmosis;

(c)

in respect of wine, by partial concentration through cooling.

2.The processes referred to in paragraph 1 shall be mutually exclusive where wine or grape must is enriched with concentrated grape must or rectified concentrated grape must and an aid is paid under Article 103y.
3.The addition of sucrose provided for in paragraph 1(a) and (b) may only be performed by dry sugaring and only in the following areas:
(a)

wine-growing zone A referred to in the Appendix to Annex XIb;

(b)

wine-growing zone B referred to in the Appendix to Annex XIb;

(c)

wine-growing zone C referred to in the Appendix to Annex XIb, with the exception of vineyards in Italy, Greece, Spain, Portugal, Cyprus and vineyards in the French departments under jurisdiction of the courts of appeal of:

  • Aix-en-Provence,

  • Nîmes,

  • Montpellier,

  • Toulouse,

  • Agen,

  • Pau,

  • Bordeaux,

  • Bastia.

However, enrichment by dry sugaring may be authorised by the national authorities as an exception in the abovementioned French departments. France shall notify the Commission and the other Member States forthwith of any such authorisations.

4.The addition of concentrated grape must or rectified concentrated grape must shall not have the effect of increasing the initial volume of fresh crushed grapes, grape must, grape must in fermentation or new wine still in fermentation by more than 11 % in wine-growing zone A, 8 % in wine-growing zone B and 6,5 % in wine-growing zone C referred to in the Appendix to Annex XIb.
5.The concentration of grape must or of wine subjected to the processes referred to in paragraph 1:
(a)

shall not have the effect of reducing the initial volume of these products by more than 20 %;

(b)

shall, notwithstanding point A(2)(c), not increase the natural alcoholic strength of these products by more than 2 % volume.

6.The processes referred to in paragraphs 1 and 5 shall not raise the total alcoholic strength of the fresh grapes, grape must, grape must in fermentation, new wine still in fermentation, or wine:
(a)

in wine-growing zone A referred to in the Appendix to Annex XIb to more than 11,5 % volume;

(b)

in wine-growing zone B referred to in the Appendix to Annex XIb to more than 12 % volume;

(c)

in wine-growing zone C I referred to in the Appendix to Annex XIb to more than 12,5 % volume;

(d)

in wine-growing zone C II referred to in the Appendix to Annex XIb to more than 13 % volume; and

(e)

in wine-growing zone C III referred to in the Appendix to Annex XIb to more than 13,5 % volume.

7.By way of derogation from paragraph 6, Member States may:
(a)

in relation to red wine, raise the upper limit of total alcoholic strength of the products referred to in paragraph 6 to 12 % volume in wine-growing zone A and 12,5 % volume in wine-growing zone B referred to in the Appendix to Annex XIb;

(b)

raise the total alcoholic strength by volume of the products referred to in paragraph 6 for the production of wines with a designation of origin to a level to be determined by Member States.

C. Acidification and de-acidification

1.Fresh grapes, grape must, grape must in fermentation, new wine still in fermentation and wine may be subject to:
(a)

de-acidification in wine-growing zones A, B and C I referred to in the Appendix to Annex XIb;

(b)

acidification and de-acidification in wine-growing zones C I, C II and C III (a) referred to in the Appendix to Annex XIb, without prejudice to paragraph 7; or

(c)

acidification in wine-growing zone C III (b) referred to in the Appendix to Annex XIb.

2.Acidification of the products, other than wine, referred to in paragraph 1 may be carried out only up to a limit of 1,50 g/l expressed as tartaric acid, or 20 milliequivalents per litre.
3.Acidification of wines may be carried out only up to a limit of 2,50 g/l expressed as tartaric acid, or 33,3 milliequivalents per litre.
4.De-acidification of wines may be carried out only up to a limit of 1 g/l expressed as tartaric acid, or 13,3 milliequivalents per litre.
5.Grape must intended for concentration may be partially de-acidified.
6.Notwithstanding paragraph 1, in years when climatic conditions have been exceptional, Member States may authorise acidification of the products referred to in paragraph 1 in wine-growing zones A and B, referred to in the Appendix to Annex XIb, under the conditions referred to in paragraphs 2 and 3.
7.Acidification and enrichment, except by way of derogation to be decided by the Commission in accordance with the procedure referred to in Article 195(4), and acidification and de-acidification of one and the same product shall be mutually exclusive processes.

D. Processes

1.None of the processes referred to in points B and C, with the exception of the acidification and de-acidification of wines, shall be authorised unless carried out, under conditions to be determined by the Commission in accordance with the procedure referred to in Article 195(4), at the time when the fresh grapes, grape must, grape must in fermentation or new wine still in fermentation are being turned into wine or into any other beverage intended for direct human consumption referred to in Article 1(1)(l) other than sparkling wine or aerated sparkling wine in the wine-growing zone where the fresh grapes used were harvested.
2.The concentration of wines shall take place in the wine-growing zone where the fresh grapes used were harvested.
3.Acidification and de-acidification of wines shall take place only in the wine making undertaking and in the wine-growing zone where the grapes used to produce the wine in question were harvested.
4.Each of the processes referred to in paragraphs 1, 2 and 3 shall be notified to the competent authorities. The same shall apply in respect of the quantities of concentrated grape must rectified concentrated grape must or sucrose held in the exercise of their profession by natural or legal persons or groups of persons, in particular producers, bottlers, processors and merchants to be determined by the Commission in accordance with the procedure referred to in Article 195(4), at the same time and in the same place as fresh grapes, grape must, grape must in fermentation or wine in bulk. The notification of these quantities may, however, be replaced by entry in a goods inwards and stock utilisation register.
5.Each of the processes referred to in points B and C shall be recorded on the accompanying document, as provided for in Article 185c, under cover of which the products having undergone the processes are put into circulation.
6.Those processes, subject to derogations justified by exceptional climatic conditions, shall not be carried out:
(a)

in wine-growing zone C referred to in the Appendix to Annex XIb after 1 January;

(b)

in wine-growing zones A and B referred to in the Appendix to Annex XIb after 16 March, and they shall be carried out only for products of the grape harvest immediately preceding those dates.

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

ANNEX XVbU.K. RESTRICTIONS

A. General

1.All authorised oenological practices shall exclude the addition of water, except where required on account of a specific technical necessity.
2.All authorised oenological practices shall exclude the addition of alcohol, except for practices related to obtaining fresh grape must with fermentation arrested by the addition of alcohol, liqueur wine, sparkling wine, wine fortified for distillation and semi-sparkling wine.
3.Wine fortified for distillation shall only be used for distillation.

B. Fresh grapes, grape must and grape juice

1.Fresh grape must in which fermentation is arrested by the addition of alcohol shall be used only during the stage of preparation of products which do not fall under CN codes 2204 10, 2204 21 and 2204 29. This is without prejudice to any stricter provisions which Member States may apply to the preparation in their territory of products which do not fall under CN codes 2204 10, 2204 21 and 2204 29.
2.Grape juice and concentrated grape juice shall not be made into wine or added to wine. They shall not undergo alcoholic fermentation in the territory of the Community.
3.The provisions of paragraphs 1 and 2 shall not apply to products intended for the production, in the United Kingdom, Ireland and Poland, of products falling within CN code 2206 00 for which Member States may allow the use of a composite name, including the sales designation “wine”.
4.Grape must in fermentation extracted from raisined grapes shall be put on the market only for the manufacture of liqueur wines only in the wine-growing regions where this usage was traditional on 1 January 1985, and for the manufacture of wine of overripe grapes.
5.Unless otherwise decided by the Council in accordance with the international obligations of the Community, fresh grapes, grape must, grape must in fermentation, concentrated grape must, rectified concentrated grape must, grape must with fermentation arrested by the addition of alcohol, grape juice, concentrated grape juice and wine, or mixtures of those products, originating in third countries, may not be turned into products referred to in Annex XIb or added to such products in the territory of the Community.

C. Blending of wines

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

D. By-products

1.The over-pressing of grapes shall be prohibited. Member States shall decide, taking account of local and technical conditions, the minimum quantity of alcohol that shall be contained in the marc and the lees after the pressing of grapes.

The quantity of alcohol contained in those by-products shall be decided by Member States at a level at least equal to 5 % in relation to the volume of alcohol contained in the wine produced.

2.Except for alcohol, spirits and piquette, wine or any other beverage intended for direct human consumption shall not be produced from wine lees or grape marc. The pouring of wine onto lees or grape marc or pressed aszú pulp shall be allowed under conditions to be determined by the Commission in accordance with the procedure referred to in Article 195(4) where this practice is traditionally used for the production of “Tokaji fordítás” and “Tokaji máslás” in Hungary and “Tokajský forditáš” and “Tokajský mášláš” in Slovakia.
3.The pressing of wine lees and the re-fermentation of grape marc for purposes other than distillation or production of piquette is prohibited. The filtering and centrifuging of wine lees shall not be considered as pressing where the products obtained are of sound, genuine and merchantable quality.
4.Piquette, where its production is authorised by the Member State concerned, shall be used only for distillation or for consumption in wine-producers’ households.
5.Without prejudice to the possibility for Member States to decide to require disposal of by-products by way of distillation, any natural or legal persons or groups of persons who hold by-products shall be required to dispose of them subject to conditions to be determined by the Commission in accordance with the procedure referred to in Article 195(4).

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