Commission Delegated Regulation (EU) 2019/934Show full title

Article 1 U.K. Scope

This Regulation lays down rules supplementing Regulation (EU) No 1308/2013 concerning F1 ... authorised oenological practices and restrictions applicable to the production and conservation of grapevine products, the minimum percentage of alcohol for by-products and their disposal, and publication of OIV files.

Textual Amendments

F1 Words in Art. 1 omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 29(2)

[F2 Article 1a U.K. Definitions

In this Regulation:

(a) ‘the 1990 Act’ means the Food Safety Act 1990;

(b) ‘appropriate authority’ means:

(i) in relation to England, the Secretary of State;

(ii) in relation to Scotland, the Scottish Ministers;

(iii) in relation to Wales, the Welsh Ministers;

(c) ‘constituent nation’ means England, Scotland or Wales as the case may be.]

Textual Amendments

F2 Art. 1a inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 29(3)

F3 Article 2 U.K. Wine-growing areas where wines may have a maximum total alcoholic strength of 20 % vol.

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Textual Amendments

F3 Art. 2 omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 29(4)

Article 3 U.K. Authorised oenological practices

1. The authorised oenological practices and restrictions applicable to the production and conservation of grapevine products falling within the scope of Part II of Annex VII to Regulation (EU) No 1308/2013, referred to in Article 80(1) of that Regulation, are laid down in Annex I to this Regulation.

Table 1 of Part A of Annex I lays down the authorised oenological processes and the conditions and limits of their use.

Table 2 of Part A of Annex I lays down the authorised oenological compounds and the conditions and limits of their use.

2. The Commission shall publish the files of the OIV Code of Oenological Practices referred to in column 2 of Table 1 and in column 3 of Table 2 of Part A of Annex I to this Regulation in the Official Journal of the European Union, C series.

3. Part B of Annex I lays down the maximum sulphur dioxide contents of wines.

4. Part C of Annex I lays down the maximum volatile acid contents of wines.

5. Part D of Annex I lays down the rules on sweetening.

Article 4 U.K. Experimental use of new oenological practices

1. For experimental purposes, referred to in Article 83(3) of Regulation (EU) No 1308/2013, [F4 the appropriate authority may, on application, authorise, in particular cases, by administrative decision] the use of certain oenological practices or processes not provided for in that Regulation or in this Regulation, for a maximum of five years, on condition that:

(a) the practices and processes concerned meet the requirements of the third subparagraph of Article 80(1) and Article 80(3)(b) to (e) of Regulation (EU) No 1308/2013;

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

(c) the [F5 appropriate authority] concerned informs the [F6 other appropriate authorities] at the beginning of the experiment of the terms of each authorisation;

(d) the processes shall be entered on the accompanying document referred to in Article 147(1) and in the register referred to in Article 147(2) of Regulation (EU) No 1308/2013.

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

2. The products obtained by the experimental use of such oenological practices and processes may be placed on the market of a [F7 constituent nation other than the constituent nation concerned provided the appropriate authority authorising the experiment gives prior notification to the appropriate authority of the constituent nation] of destination of the terms of the authorisation and the quantities involved.

3. Within a period of three months following the end of the period referred to in paragraph 1, the [F8 appropriate authority] concerned shall forward to the [F9 other appropriate authorities] a report on the authorised experiment and the results thereof. F10 ...

4. Depending on these results, the [F11 appropriate authority that authorised the experiment] may apply to the [F12 other appropriate authorities] for authorisation to continue the experiment, possibly with a larger quantity of products than in the original experiment, for a further maximum period of three years.  [F13 The applicant must submit appropriate supporting information with the application.] [F14 An application for authorisation to continue an experiment must be approved by the other appropriate authorities.]

F15 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Words in Art. 4(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 29(5)(a)(i)

F5 Words in Art. 4(1)(c) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 29(5)(a)(ii)(aa)

F6 Words in Art. 4(1)(c) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 29(5)(a)(ii)(bb)

F7 Words in Art. 4(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 29(5)(b)

F8 Words in Art. 4(3) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 29(5)(c)(i)

F9 Words in Art. 4(3) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 29(5)(c)(ii)

F10 Words in Art. 4(3) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 29(5)(c)(iii)

F11 Words in Art. 4(4) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 29(5)(d)(i)(aa)

F12 Words in Art. 4(4) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 29(5)(d)(i)(bb)

F13 Words in Art. 4(4) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 29(5)(d)(ii)

F14 Words in Art. 4(4) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 29(5)(d)(iii)

F15 Art. 4(5) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 29(5)(e)

Article 5 U.K. Oenological practices applicable to categories of sparkling wines

In addition to the oenological practices and restrictions of general application laid down in Regulation (EU) No 1308/2013 and in Annex I to this Regulation, the authorised specific oenological practices and restrictions, including enrichment, acidification and de-acidification, concerning sparkling wines, quality sparkling wines and quality aromatic sparkling wines, referred to in points (4), (5) and (6) of Part II of Annex VII to Regulation (EU) No 1308/2013 are listed in Annex II to this Regulation.

Article 6 U.K. Oenological practices applicable to liqueur wines

In addition to the oenological practices and restrictions of general application laid down in Regulation (EU) No 1308/2013 and in Annex I to this Regulation, the authorised specific oenological practices and restrictions concerning liqueur wines referred to in point (3) of Part II of Annex VII to Regulation (EU) No 1308/2013 are listed in Annex III to this Regulation.

Article 7 U.K. Definition of coupage

1. ‘Coupage’ referred to in point (h) of Article 75(3) and Section C of Part II of Annex VIII to Regulation (EU) No 1308/2013 means the mixing of wines or musts of different origins, different vine varieties, different harvest years or different categories of wine or of must.

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) wines without a protected designation of origin and wines without protected geographical indication, wines with a protected designation of origin (PDO) and wines with a protected geographical indication (PGI) as well as 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) enrichment by the addition of concentrated grape must or rectified concentrated grape must;

(b) sweetening.

Article 8 U.K. General rules on blending and coupage

1. A wine may be obtained by blending or coupage only where the constituents of that blending or coupage possess the required characteristics for obtaining wine and comply with Regulation (EU) No 1308/2013 and this Regulation.

Coupage of a non-PDO/PGI white wine with a non-PDO/PGI red wine cannot produce a rosé wine.

However, the second subparagraph does not exclude coupage of the type referred to therein where the final product is intended for the preparation of a cuvée as defined in point 12 of Part IV of Annex II to Regulation (EU) No 1308/2013 or intended for the production of semi-sparkling wines.

2. Coupage of a grape must or a wine which has undergone the oenological practice referred to in point 11.1 of Table 2 of Part A of Annex I to this Regulation with a grape must or a wine which has not undergone that practice shall be prohibited.

Article 9 U.K. The purity and identification specifications of substances used in oenological practices

1. Where they are not laid down by Commission Regulation (EU) No 231/2012(1), the purity and identification specifications of substances used in the oenological practices referred to in Article 75(3)(f) of Regulation (EU) No 1308/2013 shall be those referred to in column 4 of Table 2 of Part A of Annex I to this Regulation.

2. The enzymes and enzymatic preparations used in the authorised oenological practices and processes listed in Part A of Annex I shall meet the requirements of Regulation (EC) No 1332/2008 of the European Parliament and of the Council(2).

Article 10 U.K. Conditions governing the holding, circulation and use of products not complying with Article 80 of Regulation (EU) No 1308/2013 or this Regulation

1. Products referred to in the first subparagraph of Article 80(2) of Regulation (EU) No 1308/2013 shall not be marketed and shall be destroyed. However, [F16 nothing in this Regulation prevents regulations from being made under the 1990 Act authorising] under certain conditions the use of certain of such 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, or establishments using them for industrial purposes or products or to elimination plants.

[F17 3. Nothing in this Regulation prevents regulations from being made under the 1990 Act:

(a) requiring denaturing agents or indicators to be added to wines referred to in the first sentence of paragraph 1 in order to make them more easily identifiable;

(b) where the appropriate authority is of the opinion that it is justified, prohibiting uses provided for in the second sentence of paragraph 1 and requiring relevant products to be destroyed.]

4. Wine produced before 1 August 2009 may be offered or supplied for direct human consumption provided that it complies with the [F18 law that was in force in the relevant constituent nation immediately] prior to that date.

Textual Amendments

F16 Words in Art. 10(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 29(6)(a)

F17 Art. 10(3) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 29(6)(b)

F18 Words in Art. 10(4) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 29(6)(c)

Article 11 U.K. General rules applicable to the enrichment, acidification and deacidification of products other than wine

The authorised processes referred to in point 1 of Section D of Part I of Annex VIII to Regulation (EU) No 1308/2013 must be carried out in a single operation. However, [F19 nothing in this Regulation prevents regulations from being made under the 1990 Act authorising] 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 VIII to Regulation (EU) No 1308/2013 shall apply to the whole operation concerned.

Textual Amendments

F19 Words in Art. 11 substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 29(7)

F20 Article 12 U.K. Pouring of wine or grape must onto lees or grape marc or pressed ‘aszú’/‘výber’ pulp

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Textual Amendments

F20 Art. 12 omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 29(8)

Article 13 U.K. Fixing a minimum percentage of alcohol for by-products

1. Subject to point 1 of Section D of Part II of Annex VIII to Regulation (EU) No 1308/2013, [F21 the 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. [F22 The appropriate authority may, by regulations made under the 1990 Act,] modulate that minimum percentage on the basis of objective and non-discriminatory criteria.

2. Where the relevant percentage fixed [F23 in 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.

3. 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 [F24 strength] by volume to be applied [F25 is 8.0%].

Textual Amendments

F21 Words in Art. 13(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 29(9)(a)(i)

F22 Words in Art. 13(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 29(9)(a)(ii)

F23 Words in Art. 13(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 29(9)(b)

F24 Word in Art. 13(3) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 29(9)(c)(i)

F25 Words in Art. 13(3) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 29(9)(c)(ii)

Article 14 U.K. Disposal of by-products

1. Producers shall withdraw the by-products of winemaking or of any other processing of grapes under supervision by the competent [F26 authority of the relevant constituent nation], subject to the requirements on delivery and registration laid down in Article 9(1)(b) of Commission Delegated Regulation (EU) 2018/273(3) and Article 14(1)(b)(vii) and Article 18 of Commission Implementing Regulation (EU) 2018/274(4), respectively.

2. Withdrawal shall be carried out without delay and no later than at the end of the wine year in which the by-products were obtained, in compliance with applicable [F27 retained EU law], in particular as regards environmental protection.

3. [F28 Nothing in this Regulation prevents the appropriate authority from using any power the authority has to make subordinate legislation to provide] that producers who, during the wine year in question, do not produce more than 50 hectolitres of wine or must themselves on their own premises are not required to withdraw their by-products.

4. Producers may fulfil the obligation of disposing of all or a part of the by-products of winemaking or any other processing of grapes by delivering the by-products to distillation. Such disposal of the by-products shall be certified by the competent authority of the [F29 constituent nation] concerned.

5. [F30 Nothing in this Regulation prevents the appropriate authority from using any power the authority has to make subordinate legislation to provide] that the delivery to distillation of all or a part of the by-products of winemaking or of any other processing of grapes is F31 ... compulsory for all or certain producers on their territory on the basis of objective and non-discriminatory criteria.

[F32 6. In this Article, ‘retained EU law’ has the meaning given in section 6(7) of the European Union (Withdrawal) Act 2018 but does not include any legislation so far as it extends to Northern Ireland.]

Textual Amendments

F26 Words in Art. 14(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 29(10)(a)

F27 Words in Art. 14(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 29(10)(b)

F28 Words in Art. 14(3) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 29(10)(c)

F29 Words in Art. 14(4) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 29(10)(d)

F30 Words in Art. 14(5) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 29(10)(e)(i)

F31 Word in Art. 14(5) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 29(10)(e)(ii)

F32 Art. 14(6) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 29(10)(f)

[F33 Article 15 U.K. Transitional arrangements

Stocks of grapevine products produced before the date of application of this Regulation in accordance with the rules in force before that date may be released for human consumption.]

Textual Amendments

F33 Substituted by Commission Delegated Regulation (EU) 2020/565 of 13 February 2020 correcting Delegated Regulation (EU) 2019/934 as regards transitional arrangements for the marketing of stocks of grapevine products.

Article 16 U.K. Repeal

Regulation (EC) No 606/2009 is repealed.

Article 17 U.K. Entry into force

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

2. It shall apply from 7 December 2019.

F34 ...

Textual Amendments

F34 Words in Signature omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 29(11)