Commission Regulation (EC) No 423/2008 (repealed)Dangos y teitl llawn

Article 1 Purpose

Without prejudice to the general rules on foodstuffs, oenological practices and processes are governed by the Community rules laid down in Chapter I of Title V of Regulation (EC) No 1493/1999 and the Annexes thereto and by the code set out in this Regulation.

This code shall comprise the detailed rules for implementing Regulation (EC) No 1493/1999, particularly those relating to products intended for use in winemaking (Title I) and oenological practices and processes authorised in the Community (Titles II and III).

TITLE I REQUIREMENTS FOR CERTAIN GRAPES AND GRAPE MUSTS

Article 2 Use of grapes of certain varieties

1. Grapes of varieties classified solely as table-grape varieties shall not be used in winemaking.

2. Notwithstanding Article 42(5) of Regulation (EC) No 1493/1999, grapes of varieties listed in Annex I hereto may be used in the Community to prepare the products covered by that provision.

Article 3 Use of certain products not possessing the natural alcoholic strength by volume for the production of sparkling wine, aerated sparkling wine and aerated semi-sparkling wine

The years when, because of unfavourable weather conditions, products from wine-growing zones A and B not possessing the minimum natural alcoholic strength by volume laid down for the relevant wine-growing zone may be used, under the conditions laid down in Article 44(3) of Regulation (EC) No 1493/1999, for the production of sparkling wine, aerated sparkling wine and aerated semi-sparkling wine shall be as set out in Annex II hereto.

Article 4 Use of grape must of certain vine varieties for the preparation of quality sparkling wine of the aromatic type and quality sparkling wine psr of the aromatic type, and exceptions to such use

1. The list of vine varieties producing grape must or grape must in fermentation that must be used to constitute the cuvée for preparing quality sparkling wines of the aromatic type and quality sparkling wines psr of the aromatic type in accordance with point I(3)(a) of Annex V and point K(10)(a) of Annex VI to Regulation (EC) No 1493/1999 shall be as set out in Part A of Annex III hereto.

2. The derogations referred to in point I(3)(a) of Annex V and point K(10)(a) of Annex VI to Regulation (EC) No 1493/1999 regarding the vine varieties and the products used to constitute the cuvée shall be as laid down in Part B of Annex III hereto.

TITLE II OENOLOGICAL PRACTICES AND PROCESSES

CHAPTER I Restrictions and requirements pertaining to the use of certain substances authorised for oenological purposes

Article 5 Restrictions on the use of certain substances

The substances authorised for oenological purposes listed in Annex IV to Regulation (EC) No 1493/1999 may be used only subject to the limits laid down in Annex IV hereto.

Article 6 The purity and identification specifications of substances used in oenological practices

The purity and identification specifications of substances used in oenological practices referred to in Article 46(2)(c) of Regulation (EC) No 1493/1999 shall be those laid down in Commission Directive 96/77/EC(1). Where necessary, those purity criteria shall be supplemented by the specific requirements provided for in this Regulation.

Article 7 Calcium tartrate

Calcium tartrate, the use of which in assisting the precipitation of tartar is provided for in point 3(v) of Annex IV to Regulation (EC) No 1493/1999, may be used only if it meets the requirements set out in Annex V hereto.

Article 8 Tartaric acid

1. Tartaric acid, the use of which for deacidification purposes is provided for in point 1(m) of Annex IV and point 3(l) of Annex IV to Regulation (EC) No 1493/1999, may be used only for products that:

(a) are from the Elbling and Riesling vine varieties; and

(b) are obtained from grapes harvested in the following wine-growing regions in the northern part of wine-growing zone A:

• (b) Ahr,

• Rheingau,

• Mittelrhein,

• Mosel-Saar-Ruwer,

• Nahe,

• Rheinhessen,

• Pfalz,

• Moselle luxembourgeoise.

2. Tartaric acid, the use of which is provided for in points 1(l) and (m) and points 3(k) and (l) of Annex IV to Regulation (EC) No 1493/1999, also called L-tartaric acid, must be of agricultural origin and extracted specifically from wine products. It must also comply with the purity criteria laid down in Directive 96/77/EC.

Article 9 Aleppo pine resin

1. Aleppo pine resin, the use of which is provided for in point 1(n) of Annex IV to Regulation (EC) No 1493/1999, may be used only to produce ‘retsina’ table wine. This oenological practice may be carried out only:

(a) in the geographical territory of Greece;

(b) using grape must from grape varieties, areas of production and wine-making areas as specified in the Greek provisions in force at 31 December 1980;

(c) by adding 1 000 grams or less of resin per hectolitre of the product used, before fermentation or, where the actual alcoholic strength by volume does not exceed one third of the overall alcoholic strength by volume, during fermentation.

2. Greece shall notify the Commission in advance if it intends to amend the provisions referred to in paragraph 1(b). If the Commission does not respond within two months of such notification, Greece may implement the planned amendments.

Article 10 Beta-glucanase

Beta-glucanase, the use of which is provided for in point 1(j) and point 3(m) of Annex IV to Regulation (EC) No 1493/1999, may be used only if it meets the requirements set out in Annex VI hereto.

Article 11 Lactic bacteria

Lactic bacteria, the use of which is provided for in point 1(q) and point 3(z) of Annex IV to Regulation (EC) No 1493/1999, may be used only if they meet the requirements set out in Annex VII hereto.

Article 12 Lysozyme

Lysozyme, the use of which is provided for in point 1(r) and point 3(zb) of Annex IV to Regulation (EC) No 1493/1999, may be used only if it meets the requirements set out in Annex VIII hereto.

Article 13 Ion exchange resins

The ion exchange resins which may be used in accordance with point 2(h) of Annex IV to Regulation (EC) No 1493/1999 shall be styrene and divinylbenzene copolymers containing sulphonic acid or ammonium groups. They must comply with the requirements laid down in Regulation (EC) No 1935/2004 of the European Parliament and of the Council(2) and Community and national provisions adopted in implementation thereof. In addition, when tested by the method of analysis laid down in Annex IX hereto, they must not lose more than 1 mg/l of organic matter into any of the solvents listed. They must be regenerated with substances permitted for use in the preparation of foodstuffs.

These resins may be used only under the supervision of an oenologist or technician and in installations approved by the authorities of the Member States on whose territory they are used. Such authorities shall lay down the duties and responsibility incumbent on approved oenologists and technicians.

Article 14 Potassium ferrocyanide

Potassium ferrocyanide, the use of which is provided for in point 3(p) of Annex IV to Regulation (EC) No 1493/1999, may be used only under the supervision of an oenologist or technician officially approved by the authorities of the Member State in whose territory the process is carried out, the extent of whose responsibility shall be fixed, if necessary, by the Member State concerned.

After treatment with potassium ferrocyanide, the wine must contain traces of iron.

Supervision of the use of the product covered by this Article shall be governed by the provisions adopted by the Member States.

Article 15 Calcium phytate

Calcium phytate, the use of which is provided for in point 3(p) of Annex IV to Regulation (EC) No 1493/1999, may be used only under the supervision of an oenologist or technician officially approved by the authorities of the Member State in whose territory the process is carried out, the extent of whose responsibility shall be fixed, if necessary, by the Member State concerned.

After treatment, wine must contain traces of iron.

Supervision of the use of the product referred to in the first paragraph shall be governed by the provisions adopted by the Member States.

Article 16 DL-tartaric acid

DL-tartaric acid, the use of which is provided for in point 3(s) of Annex IV to Regulation (EC) No 1493/1999, may be used only under the supervision of an oenologist or technician officially approved by the authorities of the Member State in whose territory the process is carried out, the extent of whose responsibility shall be fixed, if necessary, by the Member State concerned.

Supervision of the use of the product covered by this Article shall be governed by the provisions adopted by the Member States.

Article 17 Dimethyldicarbonate

The addition of dimethyldicarbonate provided for in of point 3(zc) of Annex IV to Regulation (EC) No 1493/1999 may be carried out only within the limits laid down in Annex IV hereto and where it meets the requirements of Annex X hereto.

Article 18 Electrodialysis treatment

Electrodialysis treatment, the use of which to ensure the tartaric stabilisation of wine is provided for in point 4(b) of Annex IV to Regulation (EC) No 1493/1999, may be used only if it meets the requirements set out in Annex XI hereto.

Article 19 Urease

Urease, the use of which to reduce the level of urea in wine is provided for in point 4(c) of Annex IV to Regulation (EC) No 1493/1999, may be used only if it meets the requirements and purity criteria set out in Annex XII hereto.

Article 20 Addition of oxygen

The addition of oxygen, which is provided for in point 4(a) of Annex IV to Regulation (EC) No 1493/1999, must be carried out using pure gaseous oxygen.

Article 21 Pouring of wine or grape must to lees or grape marc or pressed ‘aszú’ pulp

The pouring of wine or grape must to lees or grape marc or pressed ‘aszú’ pulp, provided for in point 4(d) of Annex IV to Regulation (EC) No 1493/1999, shall be carried out as follows, in accordance with the Hungarian provisions in force on 1 May 2004:

(a)

the ‘Tokaji fordítás’ shall be prepared by pouring must or wine on the pressed ‘aszú’ pulp;

(b)

the ‘Tokaji máslás’ shall be prepared by pouring must or wine on the lees of ‘szamorodni’ or ‘aszú’.

Article 22 Use of pieces of oak wood

The usage of pieces of oak wood provided for in point 4(e) of Annex IV to Regulation (EC) No 1493/1999 may be carried out only where it meets the requirements set out in Annex XIII hereto.

CHAPTER II Specific restrictions and requirements

Article 23 Sulphur dioxide content

1. The amendments to the lists of wines in point A(2) of Annex V to Regulation (EC) No 1493/1999 shall be as set out in Annex XIV hereto.

2. The following may be offered for direct human consumption until stocks are exhausted:

• wine, other than liqueur wines and sparkling wines, produced in the Community, with the exception of Portugal, before 1 September 1986, and

• wine, other than liqueur wines and sparkling wines, originating in third countries or in Portugal and imported into the Community before 1 September 1987,

provided that their total sulphur dioxide content on release to the market for direct human consumption does not exceed:

(a)

175 milligrams per litre for red wines;

(b)

225 milligrams per litre for white and rosé wines;

(c)

notwithstanding points (a) and (b), for wines with a residual sugar content expressed as invert sugar of not less than five grams per litre, 225 milligrams per litre for red wines and 275 milligrams per litre for white and rosé wines.

In addition, the following may be offered for direct human consumption in the country of production and for export to third countries until stocks are exhausted:

• wine produced in Spain before 1 September 1986, the total sulphur dioxide content of which does not exceed the maximum laid down by the Spanish provisions in force before that date, and

• wine produced in Portugal before 1 January 1991, the total sulphur dioxide content of which does not exceed the maximum laid down by the Portuguese provisions in force before that date.

3. Sparkling wines originating in third countries and Portugal and imported into the Community before 1 September 1987 may be offered for direct human consumption until stocks are exhausted provided that their total sulphur dioxide content does not exceed:

• 250 milligrams per litre for sparkling wines, and

• 200 milligrams per litre for quality sparkling wines.

In addition, the following may be offered for direct human consumption in the country of production and for export to third countries until stocks are exhausted:

• wine produced in Spain before 1 September 1986, the total sulphur dioxide content of which does not exceed the maximum laid down by the Spanish provisions in force before that date, and

• wine produced in Portugal before 1 January 1991, the total sulphur dioxide content of which does not exceed the maximum laid down by the Portuguese provisions in force before that date.

4. The cases where the Member States may authorise, because of weather conditions, that the maximum total sulphur dioxide content of wine, which is set at less than 300 milligrams per litre in point A of Annex V to Regulation (EC) No 1493/1999, be increased by a maximum of 40 milligrams per litre for certain wines produced in certain wine-growing zones within their territory shall be as listed in Annex XV hereto.

Article 24 Volatile acid content

The wines covered by exceptions regarding the maximum volatile acid content in accordance with point B(3) of Annex V to Regulation (EC) No 1493/1999 shall be as set out in Annex XVI hereto.

Article 25 Use of calcium sulphate in certain liqueur wines

Derogations regarding the use of calcium sulphate as referred to in point J(4)(b) of Annex V to Regulation (EC) No 1493/1999 may be granted only for the following Spanish wines:

(a)

‘Vino generoso’ as defined in point L(8) of Annex VI to Regulation (EC) No 1493/1999;

(b)

‘Vino generoso de licor’ as defined in point L(11) of Annex VI to Regulation (EC) No 1493/1999.

TITLE III OENOLOGICAL PRACTICES

CHAPTER I Enrichment

Article 26 Authorisation to use sucrose

The wine-growing regions where the use of sucrose is authorised pursuant to point D(3) of Annex V to Regulation (EC) No 1493/1999 shall be as follows:

(a)

wine-growing zone A;

(b)

wine-growing zone B;

(c)

wine-growing zone C, with the exception of vineyards in Italy, Greece, Spain and Portugal 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 French departments referred to in point (c). France shall notify the Commission and the other Member States forthwith of any such authorisations.

Article 27 Enrichment in the event of exceptionally unfavourable weather conditions

The years during which an increase in the alcoholic strength by volume as referred to in point C(3) of Annex V to Regulation (EC) No 1493/1999 may be authorised in accordance with the procedure referred to in Article 75(2) of that Regulation because of exceptionally unfavourable weather conditions in accordance with point C(4) of that Annex, and the wine-growing zones, geographical regions and varieties concerned, where applicable, shall be as set out in Annex XVII hereto.

Article 28 Enrichment of the cuvée for sparkling wines

In accordance with point H(4) and point I(5) of Annex V and point K(11) of Annex VI to Regulation (EC) No 1493/1999, each Member State may authorise the enrichment of the cuvée at the place of preparation of sparkling wines, provided that:

(a)

none of the constituents of the cuvée has previously undergone enrichment;

(b)

the said constituents are derived solely from grapes harvested in its territory;

(c)

the enrichment is carried out in a single operation;

(d)

the following limits are not exceeded:

(i)

3,5 % vol. for a cuvée comprising constituents from wine-growing zone A, provided that the natural alcoholic strength by volume of each constituent is at least 5 % vol.;

(ii)

2,5 % vol. for a cuvée comprising constituents from wine-growing zone B, provided that the natural alcoholic strength by volume of each constituent is at least 6 % vol.;

(iii)

2 % vol. for a cuvée comprising constituents from wine-growing zones C I a, C I b, C II and C III, provided that the natural alcoholic strength by volume of each constituent is at least 7,5 % vol., 8 % vol., 8,5 % vol. and 9 % vol. respectively;

(e)

the method used is the addition of sucrose, of concentrated grape must or of rectified concentrated grape must.

The limits referred to in point (d) of the first paragraph shall be without prejudice to the application of Article 44(3) of Regulation (EC) No 1493/1999 to cuvées intended for the preparation of sparkling wines as referred to in point 15 of Annex I to that Regulation.

Article 29 Administrative rules applicable to enrichment

1. Notifications as referred to in point G(5) of Annex V to Regulation (EC) No 1493/1999 relating to operations to increase alcoholic strength shall be made by the natural or legal persons carrying out the operations concerned and in compliance with suitable time limits and control conditions set by the competent authority of the Member State on whose territory the operation takes place.

2. Notifications as referred to in paragraph 1 shall be made in writing and shall include the following information:

(a) the name and address of the person making the notification;

(b) the place where the operation is to be carried out;

(c) the date and time when the operation is to commence;

(d) the description of the product undergoing the operation;

(e) the process used for the operation, with details of the type of product to be used.

3. Member States may allow prior notifications covering several operations or a specified period to be sent to the competent authorities. Such notifications shall be accepted only if the person making the notification keeps a written record of each enrichment operation as provided for in paragraph 6 and of the information required by paragraph 2.

4. Where the person concerned is prevented by reasons of force majeure from carrying out the notified operation in due time, Member States shall specify the conditions under which that person is to submit a new notification to the competent authority so that the necessary checks can be carried out.

They shall notify such provisions in writing to the Commission.

5. Notifications as referred to in paragraph 1 shall not be required in Luxembourg.

6. The particulars relating to operations to increase alcoholic strength shall be entered in the records immediately after the operation is completed, in accordance with the provisions adopted pursuant to Article 70 of Regulation (EC) No 1493/1999.

In cases where prior notifications covering several operations do not indicate the date and time when the operations are to commence, an entry must also be made in the records before each operation commences.

CHAPTER II Acidification and deacidification

Article 30 Administrative rules applicable to acidification and deacidification

1. In the case of acidification and deacidification, operators shall make notifications as referred to in point G(5) of Annex V to Regulation (EC) No 1493/1999 not later than the second day following the first operation carried out in any wine year. Such notifications shall be valid for all operations in that wine year.

2. Notifications as referred to in paragraph 1 shall be made in writing and shall include the following information:

(a) the name and address of the person making the notification;

(b) the type of operation involved;

(c) the place where the operation took place.

3. The particulars relating to each acidification and deacidification operation shall be entered in the records in accordance with the provisions adopted pursuant to Article 70 of Regulation (EC) No 1493/1999.

CHAPTER III Common rules applicable to enrichment, acidification and deacidification

Article 31 Acidification and enrichment of one and the same product

The cases where acidification and enrichment of one and the same product within the meaning of Annex I to Regulation (EC) No 1493/1999 are permitted in accordance with point E(7) of Annex V thereto shall be decided in accordance with the procedure referred to in Article 75(2) of that Regulation and shall be as set out in Annex XVIII hereto.

Article 32 General rules applicable to enrichment, acidification and deacidification of products other than wine

The processes referred to in point G(1) of Annex V to Regulation (EC) No 1493/1999 must be carried out in a single operation. However, Member States may permit some of these processes to be carried out in more than one operation where this improves the vinification of the products concerned. In such cases, the limits laid down in Annex V to Regulation (EC) No 1493/1999 shall apply to the whole operation concerned.

Article 33 Derogation from the dates laid down for enrichment, acidification and deacidification

Notwithstanding the dates laid down in point G(7) of Annex V to Regulation (EC) No 1493/1999, enrichment, acidification and deacidification operations may be carried out before the dates set out in Annex XIX hereto.

CHAPTER IV Sweetening

Article 34 Technical rules applicable to sweetening

The sweetening of table wines and quality wines psr shall be authorised only at the production and wholesale stages.

Article 35 Administrative rules applicable to sweetening

1. Any natural or legal person intending to carry out a sweetening operation shall notify the competent authority of the Member State on whose territory the operation is to take place.

2. Notifications shall be made in writing and must reach the competent authority at least 48 hours before the day on which the operation is to take place.

However, where an undertaking frequently or continuously carries out sweetening operations, Member States may allow a notification covering several operations or a specified period to be sent to the competent authorities. Such notification shall be accepted only on condition that the undertaking keeps a written record of each sweetening operation and records the information required by paragraph 3.

3. Notifications shall include the following information:

(a) for sweetening operations carried out in accordance with point F(1)(a) of Annex V and point G(2) of Annex VI to Regulation (EC) No 1493/1999:

(i)

the quantity and the total and actual alcoholic strengths of the table wine or the quality wine psr to be sweetened;

(ii)

the quantity and the total and actual alcoholic strengths of the grape must to be added;

(iii)

the total and actual alcoholic strengths of the table wine or quality wine psr after sweetening;

(b) for sweetening operations carried out in accordance with point F(1)(b) of Annex V and point G(2) of Annex VI to Regulation (EC) No 1493/1999:

(i)

the quantity and the total and actual alcoholic strengths of the table wine or the quality wine psr to be sweetened;

(ii)

the quantity and the total and actual alcoholic strengths of the grape must or the quantity and density of the concentrated grape must to be added, as the case may be;

(iii)

the total and actual alcoholic strengths of the table wine or quality wine psr after sweetening.

4. The persons referred to in paragraph 1 shall keep goods inwards and outwards registers showing the quantities of grape must or concentrated grape must which they are holding for sweetening operations.

Article 36 Sweetening of certain imported wines

The sweetening of imported wines as referred to in point F(3) of Annex V to Regulation (EC) No 1493/1999 shall be subject to the conditions laid down in Articles 34 and 35 of this Regulation.

Article 37 Specific rules applicable to the sweetening of liqueur wines

1. Sweetening under the conditions laid down in the second indent of point J(6)(a) of Annex V to Regulation (EC) No 1493/1999 shall be authorised for ‘vino generoso de licor’ as defined in point L(11) of Annex VI to that Regulation.

2. Sweetening under the conditions laid down in the third indent of point J(6)(a) of Annex V to Regulation (EC) No 1493/1999 shall be authorised for Madeira quality liqueur wine psr.

CHAPTER V Coupage

Article 38 Definition

1. ‘Coupage’ within the meaning of Article 46(2)(b) of Regulation (EC) No 1493/1999 shall mean: the mixing together of wines or musts coming from:

(a) different States;

(b) different wine-growing zones in the Community within the meaning of Annex III to Regulation (EC) No 1493/1999 or different production zones in a third country;

(c) the same wine-growing zone in the Community or the same production zone in a third country but being of different geographical origins, vine varieties, or harvest years provided that these origins, varieties or years are specified or required to be specified in the description of the product concerned; or

(d) different categories of wines or musts.

2. The following shall be regarded as different categories of wine or must:

(a) red wine, white wine and the musts or wines suitable for yielding one of these categories of wine;

(b) table wine, quality wine psr and the musts or wines suitable for yielding one of these categories of wine.

For the purposes of this paragraph, rosé wine shall be regarded as red wine.

3. The following processes shall not be regarded as coupage:

(a) the addition of concentrated grape must or of rectified concentrated grape must to increase the natural alcoholic strength of the product concerned;

(b) the sweetening:

(i)

of a table wine;

(ii)

of a quality wine psr where the sweetener comes from the specified region whose name it bears or is rectified concentrated grape must;

(c) the production of a quality wine psr in accordance with traditional practices as referred to in point D(2) of Annex VI to Regulation (EC) No 1493/1999.

Article 39 General rules applicable to coupage

1. Coupage or blending of the following products shall be prohibited if any of the ingredients do not comply with Regulation (EC) No 1493/1999 or with this Regulation:

(a) table wines with each other; or

(b) wines suitable for yielding table wines with each other or with table wines; or

(c) quality wines psr with each other.

2. The result of mixing fresh grapes, grape must, grape must in fermentation or new wine still in fermentation, where any of those products does not possess the required characteristics for obtaining table wine or wine suitable for yielding table wine, with products suitable for yielding such wines or with table wine, shall not be considered to be table wine or wine suitable for yielding table wine.

3. Where coupage takes place and subject to the following paragraphs, the only products which may be considered to be table wines shall be those resulting from coupage of table wines with each other or coupage of table wines with wines suitable for yielding table wines, provided that such wines suitable for yielding table wines have a total natural alcoholic strength by volume not exceeding 17 % vol.

4. Without prejudice to Article 44(7) of Regulation (EC) No 1493/1999, coupage of a wine suitable for yielding a table wine with:

(a) a table wine may yield a table wine only if the operation is carried out in the wine-growing zone where the wine suitable for yielding a table wine has been produced;

(b) another wine suitable for yielding a table wine may yield a table wine only if:

(i)

the second wine suitable for yielding a table wine has been produced in the same wine-growing zone; and

(ii)

the operation is carried out in the same wine-growing zone.

5. Coupage of a grape must or a table wine which has undergone the oenological practice referred to in point 1(n) of Annex IV to Regulation (EC) No 1493/1999 with a grape must or a wine which has not undergone that practice shall be prohibited.

CHAPTER VI Addition of other products

Article 40 Addition of distillate to liqueur wines and certain quality liqueur wines psr

The characteristics of wine distillate and dried-grape distillate which may be added to liqueur wines and certain quality liqueur wines psr in accordance with the second indent of point J(2)(a)(i) of Annex V to Regulation (EC) No 1493/1999 shall be as laid down in Annex XX hereto.

Article 41 Addition of other products to, and use of grape must in the preparation of, certain quality liqueur wines psr

1. The list of quality liqueur wines psr the preparation of which involves the use of grape must or a mixture thereof with wine in accordance with point J(1) of Annex V to Regulation (EC) No 1493/1999 shall be as set out in Part A of Annex XXI hereto.

2. The list of quality liqueur wines psr to which the products referred to in point J(2)(b) of Annex V to Regulation (EC) No 1493/1999 may be added shall be as set out in Annex XXI(B) hereto.

Article 42 Addition of alcohol to semi-sparkling wine

Pursuant to Article 42(3) of Regulation (EC) No 1493/1999, the addition of alcohol to semi-sparkling wine shall not lead to an increase of more than 0,5 % vol. in the total alcoholic strength by volume of the semi-sparkling wine. Alcohol may only be added in the form of expedition liqueur and provided that such a method is allowed under the regulations in force in the producer Member State and that such regulations have been communicated to the Commission and to the other Member States.

CHAPTER VII Requirements applicable to ageing

Article 43 Ageing of certain liqueur wines

Ageing under the conditions laid down in point J(6)(c) of Annex V to Regulation (EC) No 1493/1999 shall be authorised for ‘Madeira’ quality liqueur wine psr.

TITLE IV EXPERIMENTAL USE OF NEW OENOLOGICAL PRACTICES

Article 44 General rules

1. For experimental purposes as referred to in Article 46(2)(f) of Regulation (EC) No 1493/1999, each Member State may authorise the use of certain oenological practices or processes not provided for in that Regulation or in this Regulation, for a maximum of three years, on condition that:

(a) the practices and processes concerned meet the requirements laid down in Article 42(2) of Regulation (EC) No 1493/1999;

(b) such practices and processes are applied to quantities not exceeding 50 000 hectolitres per year for any one experiment;

(c) the products obtained are not sent outside the Member State on whose territory the experiment was conducted;

(d) the Member State concerned informs the Commission and the other Member States at the beginning of the experiment of the terms of each authorisation.

‘Experiment’ shall mean an operation or operations carried out in the context of a well-defined research project with a single experimental protocol.

2. Before the end of the period referred to in paragraph 1, the Member State concerned shall forward to the Commission a report on the authorised experiment and the Commission shall notify the other Member States of the results thereof. Depending on these results, the Member State concerned may apply to the Commission for authorisation to continue the experiment, possibly with a larger quantity than in the original experiment, for a further maximum period of three years. The Member State shall submit an appropriate dossier in support of its application.

3. The Commission, acting in accordance with the procedure referred to in Article 75(2) of Regulation (EC) No 1493/1999, shall decide on the application referred to in paragraph 2 of this Article; at the same time, it may decide to allow the experiment to be continued in other Member States under the same terms.

4. At the end of the period referred to in paragraph 1 or, where applicable, paragraph 2, and after gathering all the information on the experiment, the Commission may, if appropriate, submit to the Council a proposal for definitive authorisation of the oenological practice or process covered by the experiment.

TITLE V FINAL PROVISIONS

Article 45 Wine produced before 1 August 2000

Wine produced before 1 August 2000 may be offered or supplied for direct human consumption provided that it complies with the Community or national rules in force prior to that date.

Article 46 Requirements for distillation, movement and use of products not complying with Regulation (EC) No 1493/1999 or with this Regulation

1. Products which, pursuant to Article 45(1) of Regulation (EC) No 1493/1999, may not be offered or supplied for direct human consumption shall be destroyed. However, Member States may authorise the use of certain products the characteristics of which they shall determine, by distilleries or vinegar factories or for industrial purposes.

2. Such products may not be held without legitimate cause by producers or traders and they may be moved only to distilleries, vinegar factories, establishments using them for industrial purposes or products or elimination plants.

3. Member States may have denaturing agents or indicators added to wines as referred to in paragraph 1 in order to make them more easily identifiable. Where justified, they may also prohibit the uses provided for in paragraph 1 and have the products eliminated.

Article 47 Applicable Community methods for the analysis of wines

Regulation (EEC) No 2676/90 shall apply to products covered by Regulation (EC) No 1493/1999.

Article 48 Repeal

Regulation (EC) No 1622/2000 is repealed.

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex XXIII.

Article 49

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

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

Done at Brussels, 8 May 2008.

For the Commission

The President

José Manuel Barroso