Subject to point 1 of Section D of Part II of Annex VIII to Regulation (EU) No 1308/2013, F2the appropriate authority must, by regulations made under the 1990 Act, fix a minimum percentage for the volume of alcohol that must be contained in the by-product, after its separation from wines, in relation to that contained in the wine produced. F3The appropriate authority may, by regulations made under the 1990 Act, modulate that minimum percentage on the basis of objective and non-discriminatory criteria.

Where the relevant percentage fixed F4in regulations made by the appropriate authority pursuant to paragraph 1 is not reached, the operator concerned shall deliver a quantity of wine from his own production that corresponds to the quantity needed to reach the minimum percentage.

For the purpose of determining the volume of alcohol contained in the by-products in relation to that contained in the wine produced, the standard wine natural alcoholic F5strength by volume to be applied F6is 8.0%.