Commission regulation (EC) No 607/2009 (repealed)Dangos y teitl llawn

SECTION 2 Optional particulars

Article 61 Vintage year

1. The vintage year referred to in Article 60(1)(a) of Regulation (EC) No 479/2008 may appear on the labels of products as referred to in Article 49 provided that at least 85 % of the grapes used to make the products have been harvested in the year in question. This does not include:

(a) any quantity of products used in sweetening, ‘expedition liqueur’ or ‘tirage liqueur’ or

(b) any quantity of product as referred to in Annex IV(3)(e) and (f) to Regulation (EC) No 479/2008.

2. For products traditionally obtained from grapes harvested in January or February, the vintage year to appear on the label of wines shall be that of the previous calendar year.

3. Products without protected designation of origin or geographical indication shall also comply with the requirements laid down in paragraphs 1 and 2 of this Article and in Article 63.

Article 62 Name of wine grape variety

1. The names of the wine grape varieties or their synonyms referred to in Article 60(1)(b) of Regulation (EC) No 479/2008 used for the production of products as referred to in Article 49 of this Regulation may appear on the labels of the products concerned under the conditions laid down in points (a) and (b) of this Article.

(a) For wines produced in the European Community, the names of the wine grape varieties or their synonyms shall be those mentioned in the wine grape varieties classification as referred to in Article 24(1) of Regulation (EC) No 479/2008.

For Member States exempted from the classification obligation as provided for in Article 24(2) of Regulation (EC) No 479/2008, the names of the wine grape varieties or synonyms shall be mentioned in the ‘International list of vine varieties and their synonyms’ managed by the International Organisation of Vine and Wine (OIV).

(b) For wines originating in third countries, the conditions of use of the names of the wine grape varieties or their synonyms shall conform with the rules applicable to wine producers in the third country concerned, including those emanating from representative professional organisations and the names of the wine grape varieties or their synonyms are mentioned in at least one of the following lists:

(i)

the International Organisation of Vine and Wine (OIV);

(ii)

the Union for the Protection of Plant Varieties (UPOV);

(iii)

the International Board for Plant Genetic Resources (IBPGR).

(c) For products with protected designation of origin or geographical indication or with a geographical indication of a third country, the names of the wine grape varieties or their synonyms may be mentioned:

(i)

if only one wine grape variety or its synonym is named, at least 85 % of the products have been made from that variety, not including:

• any quantity of products used in sweetening, ‘expedition liqueur’ or ‘tirage liqueur’; or

• any quantity of product as referred to in Annex IV(3)(e) and (f) to Regulation (EC) No 479/2008;

(ii)

if two or more wine grape varieties or their synonyms are named, 100 % of the products concerned have been made from these varieties, not including:

• any quantity of products used in sweetening, ‘expedition liqueur’ or ‘tirage liqueur’; or

• any quantity of product as referred to in Annex IV(3)(e) and (f) of Regulation (EC) No 479/2008.

In the case referred to in point (ii), the wine grape varieties must appear in descending order of the proportion used and in characters of the same size.

(d) For products without protected designation of origin or geographical indication, the names of the wine grape varieties or their synonyms may be mentioned provided the requirements laid down in points (a) or (b), and (c) of paragraph 1 and in Article 63 are fulfilled.

2. In the case of sparkling wines and quality sparkling wines, the wine grape variety names used to supplement the description of the product, namely, ‘pinot blanc’, ‘pinot noir’, ‘pinot meunier’ or ‘pinot gris’ and the equivalent names in the other Community languages, may be replaced by the synonym ‘pinot’.

3. By way of derogation from Article 42(3) of Regulation (EC) No 479/2008, the wine grape variety names and their synonyms listed in Part A of Annex XV to this Regulation, that consist of or contain a protected designation of origin or geographical indication may only appear on the label of a product with protected designation of origin or geographical indication or geographical indication of a third country if they were authorised under Community rules in force on 11 May 2002 or on the date of accession of Member States, whichever is later.

4. The wine grape variety names and their synonyms listed in Part B of Annex XV to this Regulation, that partially contain a protected designation of origin or geographical indication and directly refers to the geographical element of the protected designation of origin or geographical indication in question, may only appear on the label of a product with protected designation of origin or geographical indication or geographical indication of a third country.

Article 63 Specific rules on wine grape varieties and vintage years for wines without protected designation of origin or geographical indication.

1. Member States shall designate the competent authority or authorities responsible for ensuring certification as provided for in Article 60(2)(a) of Regulation (EC) No 479/2008, in accordance with the criteria laid down in Article 4 of Regulation (EC) No 882/2004 of the European Parliament and of the Council(1).

2. Certification of wine, at any stage of the production, including during the conditioning of the wine, shall be ensured either by:

(a) the competent authority or authorities referred to in paragraph 1; or,

(b) one or more control bodies within the meaning of point 5 of the second subparagraph of Article 2 of Regulation (EC) No 882/2004 operating as a product certification body in accordance with the criteria laid down in Article 5 of that Regulation.

The authority or authorities referred to in paragraph 1 shall offer adequate guarantees of objectivity and impartiality, and have at their disposal the qualified staff and resources needed to carry out their tasks.

The certification bodies referred to in point (b) of the first subparagraph shall comply with, and from 1 May 2010 be accredited in accordance with, the European standard EN 45011 or ISO/IEC Guide 65 (General requirements for bodies operating product certification systems).

The costs of the certification shall be borne by the operators subject to it.

3. The Certification procedure as provided for in Article 60(2)(a) of Regulation (EC) No 479/2008 shall ensure administrative evidence to support the veracity of the wine grape variety(-ies) or the vintage year shown on the label of the wine(s) concerned.

In addition, producing Member States may decide on:

(a) an organoleptic test of the wine relating to the odour and the taste with the view to verifying that the essential characteristic of the wine is due to the wine grape variety(-ies) used may be carried out and shall concern anonymous samples;

(b) an analytical test in case of a wine made from a single wine grape variety.

The certification procedure shall be carried out by competent authority(-ies) or control body(-ies) as referred to in paragraphs 1 and 2 in the Member State in which production took place.

The certification shall be carried out either through:

(a) random checks based on a risk analysis;

(b) sampling; or

(c) systematically.

In the case of random checks, they shall be based on a control plan pre-established by the authority(-ies) covering different stages of production of the product. The control plan shall be known by the operators. Member States shall select randomly the minimum number of operators to be subjected to this check.

In the case of sampling, Member States shall ensure that by their number, nature and frequency controls, they are representative of the whole of their territory and correspond to the volume of wine-sector products marketed or held with a view to their marketing.

Random checks may be combined with sampling.

4. As regards Article 60(2)(a) of Regulation (EC) No 479/2008, producing Member States shall ensure that producers of the wines in question are approved by the Member State where the production takes place.

5. As regards control, including traceability, producing Member States shall ensure that Title V of Regulation (EC) No 555/2008 and Regulation (EC) No 606/2009 apply.

6. In case of a trans-border wine as referred to in Article 60(2)(c) of Regulation (EC) No 479/2008, certification can be carried out by either one of the authority(-ies) of the Member States concerned.

7. For wines produced in accordance with Article 60(2) of Regulation (EC) No 479/2008, Member States may decide to use the terms ‘varietal wine’ supplemented by the name(s) of:

(a) the Member State(s) concerned;

(b) the wine grape variety(-ies).

For wines without protected designation of origin, protected geographical indication or geographical indication produced in third countries which bear on labels the name of one or more wine grape varieties or the vintage year, third countries may decide to use the terms ‘varietal wine’ supplemented by the name(s) of the third country(ies) concerned.

In the case of the indication of the name(s) of the Member State(s) or third country(ies), Article 55 of this Regulation shall not apply.

8. Paragraphs 1 to 6 shall apply for products produced from grapes harvested as from and including 2009.

Article 64 Indication of the sugar content

1. Save as otherwise provided for in Article 58 of this Regulation, the sugar content expressed as fructose and glucose as provided for in Part B of Annex XIV to this Regulation, may appear on the label of the products as referred to in Article 60(1)(c) of Regulation (EC) No 479/2008.

2. If the sugar content of the products justifies the use of two of the terms listed in Part B of Annex XIV to this Regulation, only one of those two terms shall be chosen.

3. Without prejudice to the conditions of use described in Part B of Annex XIV to this Regulation, the sugar content may not differ by more than 1 gram per litre from what appears on the product label.

4. Paragraph 1 shall not apply for products referred to in paragraphs 3, 8 and 9 of Annex IV of Regulation (EC) No 479/2008 provided that Member States or third countries regulate the conditions of use of the indication of the sugar content.

Article 65 Indication of the Community symbols

1. The Community symbols referred to in Article 60(1)(e) of Regulation (EC) No 479/2008 may appear on labels of wines as laid down in Annex V to Commission Regulation (EC) No 1898/2006(2). Notwithstanding Article 59, the indications ‘PROTECTED DESIGNATION OF ORIGIN’ and ‘PROTECTED GEOGRAPHICAL INDICATION’ within the symbols may be replaced by the equivalent terms in another official language of the Community as laid down in the aforesaid Annex.

2. Where the Community symbols or the indications referred to in Article 60(1)(e) of Regulation (EC) No 479/2008 appear on the label of a product, they shall be accompanied by the corresponding protected designation of origin or geographical indication.

Article 66 Terms referring to certain production methods

1. In Accordance with Article 60(1)(f) of Regulation (EC) No 479/2008, wines marketed in the Community may bear indications referring to certain production methods, among others, those which are laid down in paragraphs 2, 3, 4, 5 and 6 of this Article.

2. The indications listed in Annex XVI are the only terms which may be used to describe a wine with protected designations of origin or geographical indications or with a geographical indication of a third country that has been fermented, matured or aged in a wood container. Member States and third countries may, however, establish other indications equivalent to those laid down in Annex XVI for such wines.

Use of one of the indications referred to in the first subparagraph shall be permitted where the wine has been aged in a wood container in accordance with the national rules in force, even when the ageing process continues in another type of container.

The indications referred to in the first subparagraph may not be used to describe a wine that has been produced with the aid of oak chips, even in association with the use of a wood container or wood containers.

3. The expression ‘bottle-fermented’ may be used only to describe sparkling wines with protected designations of origin or geographical indication of a third country or quality sparkling wines provided that:

(a) the product was made sparkling by a second alcoholic fermentation in a bottle;

(b) the length of the production process, including ageing in the undertaking where the product was made, calculated 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; and

(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’ may be used only to describe sparkling wines with protected designations of origin or with a geographical indication of a third country or quality sparkling wines provided 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. The expression ‘Crémant’ may only be used for white or ‘rosé’ quality sparkling wines with protected designations of origin or with a geographical indication of a third country provided:

(a) the grapes shall be harvested manually;

(b) the wine is made from must obtained by pressing whole or destemmed grapes. The quantity of must obtained shall not exceed 100 litres for every150 kg of grapes;

(c) the maximum sulphur dioxide content does not exceed 150 mg/l;

(d) the sugar content is less than 50 g/l;

(e) the wine complies with the requirements laid down in paragraph 4; and

(f) without prejudice to Article 67, the term ‘Crémant’ shall be indicated on labels of quality sparkling wines in combination with the name of the geographical unit underlying the demarcated area of the protected designation of origin or the a geographical indication of a third country in question.

Points (a) and (f) does not apply to producers who own trademarks containing the term ‘crémant’ registered before 1 March 1986.

6. References to the organic production of grapes are governed by Council Regulation (EC) No 834/2007(3).

Article 67 Name of a smaller or larger geographical unit than the area underlying the designation of origin or geographical indication and geographical area references

1. As regards Article 60(1)(g) to Regulation (EC) No 479/2008 and without prejudice to Articles 55 and 56 of this Regulation, the name of a geographical unit and geographical area references may only appear on labels of wines with protected designation of origin or geographical indication or with a geographical indication of a third country.

2. For the use of the name of a smaller geographical unit than the area underlying the designation of origin or geographical indication the area of the geographical unit in question shall be well defined. Member States may establish rules concerning the use of these geographical units. At least 85 % of the grapes from which the wine has been produced originate in that smaller geographical unit. The remaining 15 % of the grapes shall originate in the geographical demarcated area of the designation of origin or geographical indication concerned.

Member States may decide, in the case of registered trademarks or trademarks established by use before 11 May 2002 which contain or consist of a name of a smaller geographical unit than the area underlying the designation of origin or geographical indication and geographical area references of the Member States concerned, not to apply the requirements laid down in the third and fourthsentences of the first subparagraph.

3. The name of a smaller or larger geographical unit than the area underlying the designation of origin or geographical indication or a geographical area references shall consist of:

(a) a locality or group of localities;

(b) a local administrative area or part thereof;

(c) a wine-growing sub-region or part thereof;

(d) an administrative area.

(1)

OJ L 165, 30.4.2004, p. 1.

(2)

OJ L 369, 23.12.2006, p. 1.

(3)

OJ L 189, 20.7.2007, p. 1.