Legal provisions of COM(2008)489 - Amendment of Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products ("single CMO Regulation") - Main contents
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dossier | COM(2008)489 - Amendment of Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific ... |
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document | COM(2008)489 ![]() |
date | May 25, 2009 |
Contents
- Article 1
- Subsection I - Unlawful plantings
- Subsection II - Transitional planting right regime
- Subsection III - Grubbing up scheme
- Subsection I - Introductory provisions
- Subsection II - Submission and content of support programmes
- Subsection III - Specific support measures
- Subsection IV - Procedural provisions
- Subsection I - Designations of origin and geographical indications
- Subsection II - Traditional terms
- Section I - b
- Subsection I - Wine grape varieties
- Subsection II - Oenological practices and restrictions
- Article 2 - Amendment to Regulation (EC) No 1184/2006
- Article 3 - Repeals and transitional continued applicability
- Article 4 - Entry into force
Article 1
1. | in Article 1, paragraph 2 shall be deleted; |
2. | the following point shall be inserted in the first paragraph of Article 3:
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3. | Article 55 shall be amended as follows:
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4. | the Title of Section IV of Chapter III of Title I of Part II shall be replaced by the following: |
5. | in Article 85, the introductory words shall be replaced by the following: ‘The Commission shall adopt detailed rules for the application of Sections I to IIIa which may relate, in particular, to:’; |
7. | the following Section shall be inserted in Chapter IV of Title I of Part II: ‘Section IVb Support programmes in the wine sector Subsection I - Introductory provisionsArticle 103 - i Scope This Section lays down the rules governing the attribution of Community funds to Member States and the use of those funds by Member States through national support programmes (hereinafter referred to as support programmes) to finance specific support measures to assist the wine sector.Article 103 - j Compatibility and consistency 1. Support programmes shall be compatible with Community law and consistent with the activities, policies and priorities of the Community.2. Member States shall be responsible for the support programmes and ensure that they are internally consistent and drawn up and implemented in an objective manner, taking into account the economic situation of the producers concerned and the need to avoid unjustified unequal treatment between producers. Member States shall be responsible for providing for and carrying out the necessary controls and penalties in case of non-compliance with the support programmes. 3. No support shall be granted:
Subsection II - Submission and content of support programmesArticle 103 - k Submission of support programmes 1. Each producer Member State referred to in Annex Xb shall submit to the Commission a draft five-year support programme containing measures in accordance with this Section.Support programmes that became applicable in accordance with the first subparagraph of Article 5(1) of Regulation (EC) No 479/2008 shall continue to apply under this Regulation. The support measures in the support programmes shall be drawn up at the geographical level which the Member States deem most appropriate. Before being submitted to the Commission, the support programme shall be subject to consultation with the competent authorities and organisations at the appropriate territorial level. Each Member State shall submit one single draft support programme which may accommodate regional particularities. 2. Support programmes shall become applicable three months after their submission to the Commission. However, if the submitted support programme does not comply with the conditions laid down in this Section, the Commission shall inform the Member State thereof. In such a case, the Member State shall submit a revised support programme to the Commission. The revised support programme shall become applicable two months after its notification unless an incompatibility persists in which case this subparagraph shall apply. 3. Paragraph 2 shall apply mutatis mutandis to changes in respect of support programmes submitted by Member States. 4. Article 103l shall not apply where a Member State’s only measure in a support programme consists of the transfer to the Single Payment Scheme referred to in Article 103o. In such case, Article 188a(5) shall apply only in relation to the year in which the transfer takes place and Article 188a(6) shall not apply. Article 103 - l Content of support programmes Support programmes shall consist of the following elements:
Article 103 - m Eligible measures 1. Support programmes shall contain one or more of the following measures:
2. Support programmes shall not contain other measures than the ones listed in Articles 103o to 103y. Article 103 - n General rules concerning support programmes 1. The allocation of the available Community funds as well as the budgetary limits are provided for in Annex Xb.2. Community support shall only relate to eligible expenditure incurred after the submission of the relevant support programme as referred to in Article 103k(1). 3. Member States shall not contribute to the costs of measures financed by the Community under the support programmes. 4. By way of derogation from paragraph 3, Member States may grant national aid in accordance with the relevant Community rules on State aid for the measures referred to in Articles 103p, 103t and 103u. The maximum aid rate as laid down in the relevant Community rules on State aids shall apply to the global public financing, including both Community and national funds. Subsection III - Specific support measuresArticle 103 - o Single Payment Scheme and support to vine-growers 1. Member States may provide support to vine-growers by allocating to them payment entitlements within the meaning of Chapter 3 of Title III of Regulation (EC) No 1782/2003 in accordance with point O of Annex VII to that Regulation.2. Member States intending to make use of the possibility referred to in paragraph 1 shall foresee such support in their support programmes, including, as regards subsequent transfers of funds to the Single Payment Scheme, by way of changes to those programmes in accordance with Article 103k(3). 3. Once effective, support as referred to in paragraph 1 shall:
Article 103 - p Promotion on third-country markets 1. Support under this Article shall cover information or promotion measures concerning Community wines in third countries, thereby improving their competitiveness in those countries.2. The measures referred to in paragraph 1 shall relate to wines with a protected designation of origin or a protected geographical indication or wines with an indication of the wine grape variety. 3. The measures referred to in paragraph 1 may consist only of:
4. The Community contribution to promotion activities shall not exceed 50 % of the eligible expenditure. Article 103 - q Restructuring and conversion of vineyards 1. The objective of measures relating to the restructuring and conversion of vineyards shall be to increase the competitiveness of wine producers.2. The restructuring and conversion of vineyards shall be supported in accordance with this Article only if Member States submit the inventory of their production potential in accordance with Article 185a(3). 3. Support for the restructuring and conversion of vineyards may only cover one or more of the following activities:
The normal renewal of vineyards which have come to the end of their natural life shall not be supported. 4. Support for the restructuring and conversion of vineyards may only take the following forms:
5. Compensation to producers for the loss of revenue as referred to in paragraph 4(a) may cover up to 100 % of the relevant loss and take either of the following forms:
6. The Community contribution to the actual costs of the restructuring and conversion of vineyards shall not exceed 50 %. In regions classified as convergence regions in accordance with Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund (7), the Community contribution to the costs of restructuring and conversion shall not exceed 75 %. Article 103 - r Green harvesting 1. For the purposes of this Article, green harvesting means the total destruction or removal of grape bunches while still in their immature stage, thereby reducing the yield of the relevant area to zero.2. Support for green harvesting shall contribute to restoring the balance of supply and demand in the market in wine in the Community in order to prevent market crises. 3. Support for green harvesting may be granted as compensation in the form of a flat rate payment per hectare to be determined by the Member State concerned. The payment shall not exceed 50 % of the sum of the direct costs of the destruction or removal of grape bunches and the loss of revenue related to such destruction or removal. 4. The Member States concerned shall establish a system based on objective criteria to ensure that the green harvesting measure does not lead to compensation of individual wine producers in excess of the ceiling referred to in the second subparagraph of paragraph 3. Article 103 - s Mutual funds 1. Support for the setting up of mutual funds shall provide assistance to producers seeking to insure themselves against market fluctuations.2. Support for the setting up of mutual funds may be granted in the form of temporary and degressive aid to cover the administrative costs of the funds. Article 103 - t Harvest insurance 1. Support for harvest insurance shall contribute to safeguarding producers’ incomes where these are affected by natural disasters, adverse climatic events, diseases or pest infestations.2. Support for harvest insurance may be granted in the form of a financial Community contribution which must not exceed:
3. Support for harvest insurance may only be granted if the insurance payments concerned do not compensate producers for more than 100 % of the income loss suffered, taking into account any compensation the producers may have obtained from other support schemes related to the insured risk. 4. Support for harvest insurance shall not distort competition in the insurance market. Article 103 - u Investments 1. Support may be granted for tangible or intangible investments in processing facilities, winery infrastructure and marketing of wine which improve the overall performance of the enterprise and concern one or more of the following:
2. Support under paragraph 1 at its maximum rate shall be limited to micro, small and medium-sized enterprises within the meaning of Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (8). For the territories of the Azores, Madeira, the Canary Islands, the smaller Aegean islands within the meaning of Regulation (EC) No 1405/2006 and the French overseas departments, no size limits shall apply for the maximum rate. For enterprises that are not covered by Article 2(1) of Title I of the Annex to Recommendation 2003/361/EC with less than 750 employees or with a turnover of less than EUR 200 million, the maximum aid intensity shall be halved. Support shall not be granted to enterprises in difficulty within the meaning of the Community guidelines on State aid for rescuing and restructuring firms in difficulty. 3. The eligible expenditure shall exclude the elements referred to in Article 71(3)(a), (b) and (c) of Regulation (EC) No 1698/2005. 4. The following maximum aid rates in relation to the eligible investment costs shall apply to the Community contribution:
5. Article 72 of Regulation (EC) No 1698/2005 shall apply mutatis mutandis to support referred to in paragraph 1 of this Article. Article 103 - v By-product distillation 1. Support may be granted for the voluntary or obligatory distillation of by-products of wine making which has been carried out in accordance with the conditions laid down in point D of Annex XVb.The amount of aid shall be fixed per % volume and per hectolitre of alcohol produced. No aid shall be paid for the volume of alcohol contained in the by-products to be distilled which exceeds 10 % in relation to the volume of alcohol contained in the wine produced. 2. The maximum applicable aid levels shall be based on collection and processing costs and fixed by the Commission. 3. The alcohol resulting from the supported distillation referred to in paragraph 1 shall be used exclusively for industrial or energy purposes so as to avoid distortion of competition. Article 103 - w Potable alcohol distillation 1. Support may be granted, in the form of a per-hectare aid, until 31 July 2012 to producers, for wine which is distilled into potable alcohol.2. The relevant contracts concerning the distillation of wine as well as the relevant proofs of delivery for distillation shall be submitted before support is granted. Article 103 - x Crisis distillation 1. Support may be granted until 31 July 2012 for voluntary or obligatory distillation of surplus wine decided upon by Member States in justified cases of crisis so as to reduce or eliminate the surplus and at the same time ensure supply continuity from one harvest to the next.2. The maximum applicable aid levels shall be fixed by the Commission. 3. The alcohol resulting from the supported distillation referred to in paragraph 1 shall be used exclusively for industrial or energy purposes so as to avoid distortion of competition. 4. The share of the available budget used for the crisis distillation measure shall not exceed the following percentage shares as calculated against the globally available funds laid down in Annex Xb per Member State in the respective budget year:
5. Member States may increase the available funds for the crisis distillation measure beyond the annual ceilings given in paragraph 4 by way of contributing national funds in accordance with the following limits (expressed in terms of percentage of the respective annual ceiling given in paragraph 4):
Member States shall, where applicable, notify the Commission of the addition of national funds referred to in the first subparagraph and the Commission shall approve the transaction before such funds are made available. Article 103 - y Use of concentrated grape must 1. Support may be granted until 31 July 2012 to wine producers who use concentrated grape must, including rectified concentrated grape must, to increase the natural alcoholic strength of products in accordance with the conditions laid down in Annex XVa.2. The amount of the aid shall be fixed per % volume potential alcoholic strength and per hectolitre of the must used for enrichment. 3. The maximum applicable aid levels for this measure in the different wine growing zones shall be fixed by the Commission. Article 103 - z Cross-compliance Where farmers are found not to have complied on their holding, at any time during three years from payment under the support programmes for restructuring and conversion or at any time during one year from payment under the support programmes for green harvesting, with the statutory management requirements and the good agricultural and environmental condition referred to in Articles 3 to 7 of Regulation (EC) No 1782/2003, the amount of the payment shall, where non-compliance is the result of an action or omission directly imputable to the farmer, be reduced or cancelled, partially or wholly depending on the severity, extent, permanence and repetition of the non-compliance, and the farmer shall, where applicable, be ordered to reimburse it in accordance with the conditions set out in those provisions.Subsection IV - Procedural provisionsArticle 103 - za Implementing measures The measures necessary for the implementation of this Section shall be adopted by the Commission.Those measures may include, in particular:
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8. | the heading of Chapter I of Title II of Part II shall be replaced by the following: |
9. | the heading of Section I of Chapter I of Title II of Part II shall be replaced by the following: |
10. | the following Articles shall be inserted: ‘Article 113c Marketing rules to improve and stabilise the operation of the common market in wines 1. In order to improve and stabilise the operation of the common market in wines, including the grapes, musts and wines from which they derive, producer Member States may lay down marketing rules to regulate supply, particularly by way of implementing decisions taken by the inter-branch organisations referred to in Articles 123(3) and 125o. Such rules shall be proportionate to the objective pursued and shall not:
2. The rules referred to in paragraph 1 must be brought to the attention of operators by publication in extenso in an official publication of the Member State concerned. 3. The reporting obligation referred to in Article 125o(3) shall also apply in respect of the decisions or actions taken by the Member States in accordance with this Article. Article 113 - d Specific provisions for the marketing of wine 1. A designation for a category of a grapevine product as provided for in Annex XIb may be used in the Community only for the marketing of a product which conforms to the corresponding conditions laid down in that Annex.However, notwithstanding Article 118y(1)(a), Member States may allow the use of the term “wine” if:
Any confusion with products corresponding to the wine categories in Annex XIb shall be avoided. 2. Categories of grapevine products listed in Annex XIb may be modified by the Commission in accordance with the procedure referred to in Article 195(4). 3. Except for bottled wine in respect of which there is evidence that bottling was performed before 1 September 1971, wine produced from wine grape varieties listed in the classifications drawn up in accordance with the first subparagraph of Article 120a(2) but not conforming to one of the categories laid down in Annex XIb, shall be used only for consumption by individual wine-producers’ households, for the production of wine vinegar or for distillation.’; |
11. | the following Sections shall be inserted in Chapter I of Title II of Part II: ‘Section Ia Designations of origin, geographical indications and traditional terms in the wine sector Article 118 - a Scope 1. Rules relating to designations of origin, geographical indications and traditional terms laid down in this Section shall apply to the products referred to in paragraphs 1, 3 to 6, 8, 9, 11, 15 and 16 of Annex XIb.2. The rules referred to in paragraph 1 shall be based on:
Subsection I - Designations of origin and geographical indicationsArticle 118 - b Definitions 1. For the purposes of this Subsection, the following definitions shall apply:
2. Certain traditionally used names shall constitute a designation of origin where they:
3. Designations of origin and geographical indications, including those relating to geographical areas in third countries, shall be eligible for protection in the Community in accordance with the rules laid down in this Subsection. Article 118 - c Content of applications for protection 1. Applications for protection of names as designations of origin or geographical indications shall include a technical file containing:
2. The product specification shall enable interested parties to verify the relevant conditions of production of the designation of origin or geographical indication. It shall consist at least of:
Article 118 - d Application for protection relating to a geographical area in a third country 1. Where the application for protection concerns a geographical area in a third country, it shall contain in addition to the elements provided for in Article 118c, proof that the name in question is protected in its country of origin.2. The application shall be sent to the Commission, either directly from the applicant or via the authorities of the third country concerned. 3. The application for protection shall be filed in one of the official languages of the Community or accompanied by a certified translation into one of those languages. Article 118 - e Applicants 1. Any interested group of producers, or in exceptional cases a single producer, may apply for the protection of a designation of origin or geographical indication. Other interested parties may participate in the application.2. Producers may lodge an application for protection only for wines which they produce. 3. In the case of a name designating a trans-border geographical area or a traditional name connected to a trans-border geographical area, a joint application may be lodged. Article 118 - f Preliminary national procedure 1. Applications for protection of a designation of origin or a geographical indication of wines in accordance with Article 118b originating in the Community shall be subject to a preliminary national procedure in accordance with this Article.2. The application for protection shall be filed with the Member State in which territory the designation of origin or geographical indication originates. 3. The Member State shall examine the application for protection in order to verify whether it meets the conditions set out in this Subsection. The Member State shall carry out a national procedure ensuring adequate publication of the application and providing for a period of at least two months from the date of publication within which any natural or legal person having a legitimate interest and resident or established on its territory may object to the proposed protection by lodging a duly substantiated statement with the Member State. 4. If the Member State considers that the designation of origin or geographical indication does not meet the relevant requirements or is incompatible with Community law in general, it shall reject the application. 5. If the Member State considers that the relevant requirements are met, it shall:
This information shall be forwarded in one of the official languages of the Community or accompanied by a certified translation into one of those languages. 6. Member States shall introduce the laws, regulations or administrative provisions necessary to comply with this Article by 1 August 2009. 7. Where a Member State has no national legislation concerning the protection of designations of origin and geographical indications, it may, on a transitional basis only, grant protection to the name in accordance with the terms of this Subsection at national level with effect from the day the application is lodged with the Commission. Such transitional national protection shall cease on the date on which a decision on registration or refusal under this Subsection is taken. Article 118 - g Scrutiny by the Commission 1. The Commission shall make the date of submission of the application for protection of the designation of origin or geographical indication public.2. The Commission shall examine whether the applications for protection referred to in Article 118f(5) meet the conditions laid down in this Subsection. 3. Where the Commission considers that the conditions laid down in this Subsection are met, it shall publish in the Official Journal of the European Union the single document referred to in Article 118c(1)(d) and the reference to the publication of the product specification referred to in Article 118f(5). Where this is not the case, the Commission shall decide, in accordance with the procedure referred to in Article 195(4), to reject the application. Article 118 - h Objection procedure Within two months from the date of publication provided for in the first subparagraph of Article 118g(3), any Member State or third country, or any natural or legal person having a legitimate interest, resident or established in a Member State other than that applying for the protection or in a third country, may object to the proposed protection by lodging a duly substantiated statement relating to the conditions of eligibility as laid down in this Subsection with the Commission.In the case of natural or legal persons resident or established in a third country, such statement shall be lodged, either directly or via the authorities of the third country concerned, within the time limit of two months referred to in the first paragraph. Article 118 - i Decision on protection On the basis of the information available to the Commission, the Commission shall decide, in accordance with the procedure referred to in Article 195(4), either to confer protection on the designation of origin or geographical indication which meets the conditions laid down in this Subsection and is compatible with Community law, or to reject the application where those conditions are not satisfied.Article 118 - j Homonyms 1. A name, for which an application is lodged, and which is wholly or partially homonymous with that of a name already registered under this Regulation concerning the wine sector, shall be registered with due regard for local and traditional usage and for any risk of confusion.A homonymous name which misleads the consumer into believing that products come from another territory shall not be registered even if the name is accurate as far as the actual territory, region or place of origin of the products in question is concerned. The use of a registered homonymous name shall be subject to there being a sufficient distinction in practice between the homonym registered subsequently and the name already on the register, having regard to the need to treat the producers concerned in an equitable manner and the need not to mislead the consumer. 2. Paragraph 1 shall apply mutatis mutandis if a name, for which an application is lodged, is wholly or partially homonymous with a geographical indication protected as such under the legislation of Member States. Member States shall not register non-identical geographical indications for protection under their respective legislation on geographical indications if a designation of origin or geographical indication is protected in the Community by virtue of the Community law relevant to designations of origin and geographical indications. 3. Save as otherwise provided for in Commission implementing measures, where the name of a wine grape variety contains or consists of a protected designation of origin or a protected geographical indication, that name shall not be used for the purposes of labelling the products covered by this Regulation. 4. The protection of designations of origin and geographical indications for products covered in Article 118b shall be without prejudice to protected geographical indications applying in relation to spirit drinks within the meaning of Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks (9) and vice versa. Article 118 - k Grounds for refusal of protection 1. Names that have become generic shall not be protected as a designation of origin or geographical indication.For the purposes of this Subsection, a “name that has become generic” means the name of a wine which, although it relates to the place or the region where this product was originally produced or marketed, has become the common name of a wine in the Community. To establish whether or not a name has become generic, account shall be taken of all relevant factors, in particular:
2. A name shall not be protected as a designation of origin or geographical indication where, in the light of a trademark’s reputation and renown, protection is liable to mislead the consumer as to the true identity of the wine. Article 118 - l Relationship with trademarks 1. Where a designation of origin or a geographical indication is protected under this Regulation, the registration of a trademark corresponding to one of the situations referred to in Article 118m(2) and relating to a product falling under one of the categories listed in Annex XIb shall be refused if the application for registration of the trademark is submitted after the date of submission of the application for protection of the designation of origin or geographical indication to the Commission and the designation of origin or geographical indication is subsequently protected.Trademarks registered in breach of the first subparagraph shall be invalidated. 2. Without prejudice to Article 118k(2), a trademark the use of which corresponds to one of the situations referred to in Article 118m(2), which has been applied for, registered or established by use, if that possibility is provided for by the legislation concerned, in the territory of the Community before the date on which the application for protection of the designation of origin or geographical indication is submitted to the Commission, may continue to be used and renewed notwithstanding the protection of a designation of origin or geographical indication, provided that no grounds for the trademark’s invalidity or revocation exist as specified by the First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (10) or by Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade (11). In such cases the use of the designation of origin or geographical indication shall be permitted alongside the relevant trademarks. Article 118 - m Protection 1. Protected designations of origins and protected geographical indications may be used by any operator marketing a wine which has been produced in conformity with the corresponding product specification.2. Protected designations of origins and protected geographical indications and the wines using those protected names in conformity with the product specification shall be protected against:
3. Protected designations of origin or protected geographical indications shall not become generic in the Community within the meaning of Article 118k(1). 4. Member States shall take the steps necessary to stop unlawful use of protected designations of origin and protected geographical indications as referred to in paragraph 2. Article 118 - n Register The Commission shall establish and maintain an electronic register of protected designations of origin and protected geographical indications for wine which shall be publicly accessible.Article 118 - o Designation of competent control authority 1. Member States shall designate the competent authority or authorities responsible for controls in respect of the obligations established by this Chapter in accordance with the criteria laid down in Article 4 of Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on the official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (12).2. Member States shall ensure that any operator complying with this Subsection is entitled to be covered by a system of controls. 3. Member States shall inform the Commission of the competent authority or authorities referred to in paragraph 1. The Commission shall make their names and addresses public and update them periodically. Article 118 - p Verification of compliance with specifications 1. In respect of protected designations of origin and protected geographical indications relating to a geographical area within the Community, annual verification of compliance with the product specification, during the production and during or after conditioning of the wine, shall be ensured by:
The costs of such verification shall be borne by the operators subject to it. 2. In respect of protected designations of origin and protected geographical indications relating to a geographical area in a third country, annual verification of compliance with the product specification, during the production and during or after conditioning of the wine, shall be ensured by:
3. The certification bodies referred to in paragraphs 1(b) and 2(b) 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). 4. Where the authority or authorities referred to in paragraphs 1(a) and 2(a) verify compliance with the product specification, they shall offer adequate guarantees of objectivity and impartiality, and have at their disposal the qualified staff and resources needed to carry out their tasks. Article 118 - q Amendments to product specifications 1. An applicant satisfying the conditions of Article 118e may apply for approval of an amendment to the product specification of a protected designation of origin or a protected geographical indication, in particular to take account of developments in scientific and technical knowledge or to redefine the geographical area referred to in point (d) of the second subparagraph of Article 118c(2). Applications shall describe and give reasons for the amendments requested.2. Where the proposed amendment involves one or more amendments to the single document referred to in Article 118c(1)(d), Articles 118f to 118i shall apply mutatis mutandis to the amendment application. However, if the proposed amendment is only minor, the Commission shall decide, in accordance with the procedure referred to in Article 195(4), whether to approve the application without following the procedure laid down in Article 118g(2) and Article 118h and in the case of approval, the Commission shall proceed to the publication of the elements referred to in Article 118g(3). 3. Where the proposed amendment does not involve any change to the single document, the following rules shall apply:
Article 118 - r Cancellation The Commission may decide, in accordance with the procedure referred to in Article 195(4), at its own initiative or at the duly substantiated request of a Member State, of a third country or of a natural or legal person having a legitimate interest, to cancel the protection of a designation of origin or a geographical indication if compliance with the corresponding product specification is no longer ensured.Articles 118f to 118i shall apply mutatis mutandis. Article 118 - s Existing protected wine names 1. Wine names, which are protected in accordance with Articles 51 and 54 of Regulation (EC) No 1493/1999 and Article 28 of Commission Regulation (EC) No 753/2002 of 29 April 2002 laying down certain rules for applying Council Regulation (EC) No 1493/1999 as regards the description, designation, presentation and protection of certain wine sector products (13), shall automatically be protected under this Regulation. The Commission shall list them in the register provided for in Article 118n of this Regulation.2. Member States shall, in respect of existing protected wine names referred to in paragraph 1, transmit to the Commission:
3. Wine names referred to in paragraph 1, for which the information referred to in paragraph 2 is not submitted by 31 December 2011, shall lose protection under this Regulation. The Commission shall take the corresponding formal step of removing such names from the register provided for in Article 118n. 4. Article 118r shall not apply in respect of existing protected wine names referred to in paragraph 1. The Commission may decide, until 31 December 2014, at its own initiative and in accordance with the procedure referred to in Article 195(4), to cancel protection of existing protected wine names referred to in paragraph 1 if they do not meet the conditions laid down in Article 118b. Article 118 - t Fees Member States may charge a fee to cover their costs, including those incurred in examining applications for protection, statements of objections, applications for amendments and requests for cancellations under this Subsection.Subsection II - Traditional termsArticle 118 - u Definitions 1. “Traditional term” means a term traditionally used in Member States for products referred to in Article 118a(1) to designate:
2. Traditional terms shall be recognised, defined and protected by the Commission. Article 118 - v Protection 1. A protected traditional term may only be used for a product which has been produced in conformity with the definition referred to in Article 118u(1).Traditional terms shall be protected against unlawful use. Member States shall take the steps necessary to stop the unlawful use of protected traditional terms. 2. Traditional terms shall not become generic in the Community. Section I - bLabelling and presentation in the wine sector Article 118 - w Definition For the purposes of this Section:
Article 118 - x Applicability of horizontal rules Save as otherwise provided for in this Regulation, Directive 89/104/EEC, Council Directive 89/396/EEC of 14 June 1989 on indications or marks identifying the lot to which a foodstuff belongs (14), Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling presentation and adversity of foodstuffs (15) and Directive 2007/45/EC of the European Parliament and of the Council of 5 September 2007 laying down rules on nominal quantities for pre-packed products (16) shall apply to the labelling and presentation of products falling within their scopes.Article 118 - y Compulsory particulars 1. Labelling and presentation of the products referred to in paragraphs 1 to 11, 13, 15 and 16 of Annex XIb marketed in the Community or for export shall contain the following compulsory particulars:
2. By way of derogation from paragraph 1(a) the reference to the category of the grapevine product may be omitted for wines whose labels include the name of a protected designation of origin or a protected geographical indication. 3. By way of derogation from paragraph 1(b) the reference to the terms “protected designation of origin” or “protected geographical indication” may be omitted in the following cases:
Article 118 - z Optional particulars 1. Labelling and presentation of the products referred to in Article 118y(1) may in particular contain the following optional particulars:
2. Without prejudice to Article 118j(3), as regards the use of particulars referred to in paragraph 1(a) and (b) for wines without a protected designation of origin or a protected geographical indication:
Article 118 - za Languages 1. Compulsory and optional particulars referred to in Articles 118y and 118z shall, where expressed in words, appear in one or more of the official languages of the Community.2. Notwithstanding paragraph 1, the name of a protected designation of origin or a protected geographical indication or a traditional term as referred to in Article 118u(1)(a) shall appear on the label in the language or languages for which the protection applies. In the case of protected designations of origin or protected geographical indications or national specific designations using a non-Latin alphabet, the name may also appear in one or more official languages of the Community. Article 118 - zb Enforcement The competent authorities of the Member States shall take measures to ensure that a product referred to in Article 118y(1) which is not labelled in conformity with this Section is not placed on, or is withdrawn from, the market. |
12. | the following Section shall be inserted in Chapter I of Title II of Part II: ‘Section IIa Production rules in the wine sector Subsection I - Wine grape varietiesArticle 120 - a Classification of wine grape varieties 1. Products listed in Annex XIb and produced in the Community shall be made from wine grape varieties classifiable according to paragraph 2.2. Subject to paragraph 3, Member States shall classify which wine grape varieties may be planted, replanted or grafted on their territories for the purpose of wine production. Only wine grape varieties meeting the following conditions may be classified by Member States:
Where a wine grape variety is deleted from the classification referred to in the first subparagraph, grubbing-up of this variety shall take place within 15 years of its deletion. 3. Member States whose wine production does not exceed 50 000 hectolitres per wine year, calculated on the basis of the average production during the latest five wine years, shall be exempted from the classification obligation referred to in paragraph 2. However, also in the Member States referred to in the first subparagraph, only wine grape varieties complying with paragraph 2(a) and (b) may be planted, replanted or grafted for the purpose of wine production. 4. By way of derogation from the first and second subparagraphs of paragraph 2 and the second subparagraph of paragraph 3, the planting, replanting or grafting of the following wine grape varieties shall be allowed for scientific research and experimental purposes:
5. Areas planted with wine grape varieties for the purpose of wine production planted in breach of paragraphs 2, 3 and 4 shall be grubbed up. However, there shall be no obligation to grub up such areas where the relevant production is intended exclusively for consumption by the wine-producers’ households. 6. Member States shall take the necessary measures to check compliance by producers with paragraphs 2 to 5. Subsection II - Oenological practices and restrictionsArticle 120 - b Scope This Subsection concerns the authorised oenological practices and the applicable restrictions applying to the production and commercialisation of products of the wine sector as well as the procedure for deciding on those practices and restrictions.Article 120 - c Oenological practices and restrictions 1. Only oenological practices authorised under Community law as laid down in Annex XVa or decided upon in accordance with Articles 120d and 120e shall be used in the production and conservation in the Community of products of the wine sector.The first subparagraph shall not apply to:
2. Authorised oenological practices shall only be used for the purposes of ensuring proper vinification, proper preservation or proper refinement of the product. 3. Products of the wine sector shall be produced in the Community in accordance with the relevant restrictions laid down in Annex XVb. 4. Products covered by this Regulation, which have undergone unauthorised Community oenological practices or, where applicable, unauthorised national oenological practices or which contravene the restrictions laid down in Annex XVb, shall not be marketed in the Community. Article 120 - d Stricter rules decided by Member States Member States may limit or exclude the use of certain oenological practices and provide for more stringent restrictions for wines authorised under Community law produced in their territory with a view to reinforcing the preservation of the essential characteristics of wines with a protected designation of origin or a protected geographical indication and of sparkling wines and liqueur wines.Member States shall communicate those limitations, exclusions and restrictions to the Commission, which shall bring them to the attention of the other Member States. Article 120 - e Authorisation of oenological practices and restrictions 1. Except for the oenological practices concerning enrichment, acidification and de-acidification laid down in Annex XVa for the specific products covered therein as well as the restrictions listed in Annex XVb, the authorisation of oenological practices and restrictions as regards the production and conservation of products of the wine sector shall be decided by the Commission in accordance with the procedure referred to in Article 195(4).2. Member States may allow the experimental use of unauthorised oenological practices under conditions to be determined by the Commission in accordance with the procedure referred to in Article 195(4). Article 120 - f Authorisation criteria When authorising oenological practices in accordance with the procedure referred to in Article 195(4), the Commission shall:
Article 120 - g Methods of analysis The methods of analysis for determining the composition of the products of the wine sector and the rules whereby it may be established whether these products have undergone processes contrary to the authorised oenological practices shall be those recommended and published by the OIV.Where there are no methods and rules recommended and published by the OIV, corresponding methods and rules shall be adopted by the Commission in accordance with the procedure referred to in Article 195(4). Pending the adoption of such rules, the methods and rules to be used shall be the ones allowed by the Member State concerned.’; |
13. | Article 121 shall be amended as follows:
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14. | the following paragraphs shall be added to Article 122: ‘Member States may, as regards the wine sector, recognise producer organisations under the same conditions as those set out in points (b) and (c) of the first paragraph and which apply rules of association which require their members, in particular, to:
The following specific aims within the meaning of point (c) of the first paragraph may be pursued, in particular, in the wine sector:
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15. | Article 123(3) shall be amended as follows:
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16. | the following Section shall be inserted in Chapter II of Title II of Part II: ‘Section Ib Rules concerning producer and inter-branch organisations in the wine sector Article 125 - o Recognition 1. Member States may recognise producer and inter-branch organisations which have lodged an application for recognition with the Member State concerned and the application contains evidence that the entity:
2. Producer organisations recognised in accordance with Regulation (EC) No 1493/1999 shall be considered as recognised producer organisations under this Article. Organisations meeting the criteria set out in Article 123(3) and of paragraph (1)(b) of this Article, which have been recognised by Member States, shall be considered as recognised interbranch organisations under those provisions. 3. Articles 125b(2) and 125k(3) shall apply mutatis mutandis to producer and inter-branch organisations respectively in the wine sector. However:
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17. | in Article 129, the second sentence shall be replaced by the following: ‘The tariff nomenclature resulting from the application of this Regulation, including, as the case may be, the definitions in Annex III and Annex XIb shall be included in the Common Customs Tariff.’; |
18. | the following point shall be inserted in Article 130(1):
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19. | the following Article shall be inserted: ‘Article 133a Special security in the wine sector 1. For juice and musts falling under CN codes 2009 61, 2009 69 and 2204 30 for which the application of the Common Customs Tariff duties depends on the import price of the product, the actual amount of that price shall be verified either by checking every consignment or by using a flat-rate import value calculated by the Commission on the basis of price quotations for the same products in the countries of origin. Should the declared entry price of the consignment be higher than the flat-rate import value, if such applies, increased by a margin adopted by the Commission that may not exceed the flat-rate value by more than 10 %, a security must be lodged equal to the import duties determined on the basis of the flat-rate import value. If the entry price of the consignment is not declared, the application of Common Customs Tariff shall be dependent on the flat-rate import value or on the application, under conditions to be determined by the Commission, of the relevant provisions of customs legislation. 2. Should derogations by the Council referred to in points B.5 or C of Annex XVb be applied to imported products, importers shall lodge a security for those products with the designated customs authorities at the time of release for free circulation. The security shall be released on presentation by the importer of proof, to the satisfaction of the customs authorities of the Member State of release for free circulation, that the musts were made into grape juice, used in other products outside the wine sector or, if vinified, have been appropriately labelled.’; |
20. | in Article 141(1), the introductory words shall be replaced by the following: ‘An additional import duty shall apply to imports, subject to the rate of duty laid down in Articles 135 to 140a of one or more products of the cereals, rice, sugar, fruit and vegetables, processed fruit and vegetables, beef and veal, milk and milk products, pig meat, sheep meat and goat meat, eggs, poultry and bananas sectors, as well as of grape juice and grape must, in order to prevent or counteract adverse effects on the Community market which may result from those imports, if:’; |
21. | the following Subsection shall be added to Section IV of Chapter II of Part III: ‘Subsection V Special provisions for imports of wine Article 158 - a Special import requirements for wine 1. Save as otherwise provided for, in particular in agreements concluded pursuant to Article 300 of the Treaty, the provisions concerning designations of origin and geographical indications and labelling set out in Subsection I of Section Ia of Chapter I of Title II of Part II, as well as Article 113d(1) of this Regulation shall apply to products falling under CN codes 2009 61, 2009 69 and 2204 which are imported into the Community.2. Save as otherwise provided for in agreements concluded pursuant to Article 300 of the Treaty, products referred to in paragraph 1 of this Article shall be produced in accordance with oenological practices recommended and published by the OIV or authorised by the Community pursuant to this Regulation and its implementing measures. 3. The importation of the products referred to in paragraph 1 shall be subject to the presentation of:
4. Detailed rules for the application of this Article shall be adopted by the Commission.’; |
22. | the first subparagraph of Article 160(1) shall be replaced by the following: ‘Where the Community market is disturbed or is liable to be disturbed by inward processing arrangements, the Commission may, at the request of a Member State or on its own initiative, fully or partially suspend the use of inward processing arrangements for the products of the cereals, rice, sugar, olive oil and table olives, fruit and vegetables, processed fruit and vegetables, wine, beef and veal, milk and milk products, pigmeat, sheepmeat and goatmeat, eggs, poultrymeat and agricultural ethyl alcohol sectors. If the Commission receives a request from a Member State, it shall take a decision thereon within five working days following receipt of the request.’; |
23. | the following point shall be inserted in Article 161(1):
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24. | the first subparagraph of Article 174(1) shall be replaced by the following: ‘Where the Community market is disturbed or is liable to be disturbed by outward processing arrangements, the Commission may, at the request of a Member State or on its own initiative, fully or partially suspend the use of outward processing arrangements for the products of the cereals, rice, fruit and vegetables, processed fruit and vegetables, wine, beef and veal, pigmeat, sheepmeat and goatmeat and poultrymeat sectors. If the Commission receives a request from a Member State, it shall take a decision thereon within five working days following receipt of the request.’; |
25. | Article 175 shall be replaced by the following: ‘Article 175 Application of Articles 81 to 86 of the Treaty Save as otherwise provided for in this Regulation, Articles 81 to 86 of the Treaty and implementation provisions thereof shall, subject to Articles 176 to 177 of this Regulation, apply to all agreements, decisions and practices referred to in Articles 81(1) and 82 of the Treaty which relate to the production of, or trade in, the products covered by this Regulation.’; |
26. | Article 180 shall be replaced by the following: ‘Article 180 Application of Articles 87, 88 and 89 of the Treaty Articles 87, 88 and 89 of the Treaty shall apply to the production of, and trade in, the products referred to in Article 1. However, Articles 87, 88 and 89 of the Treaty shall not apply to payments made under Articles 44 to 48, 102, 102a, 103, 103a, 103b, 103e, 103ga, 104, 105, 182 and 182a, Subsection III of Section IVa of Chapter III of Title I of Part II and Section IVb of Chapter IV of Title I of Part II of this Regulation by Member States in conformity with this Regulation. Nevertheless, with regard to Article 103n(4) only Article 88 of the Treaty shall not apply.’; |
27. | the following Article shall be added to Chapter II of Part IV: ‘Article 182a National aid for distillation of wine in cases of crisis 1. From 1 August 2012, Member States may grant national aid to wine producers for the voluntary or mandatory distillation of wine in justified cases of crisis. 2. The aid referred to in paragraph 1 shall be proportionate and allow this crisis to be addressed. 3. The overall amount of aid available in a Member State in any given year for such aid shall not exceed 15 % of the globally available funds per Member State laid down in Annex Xb for that year. 4. Member States which wish to make use of the aid referred to in paragraph 1 shall submit a duly substantiated notification to the Commission. The Commission shall decide whether the measure is approved and aid may be granted. 5. The alcohol resulting from distillation referred to in paragraph 1 shall be used exclusively for industrial or energy purposes so as to avoid distortion of competition. 6. Detailed rules for the application of this Article may be adopted by the Commission.’; |
28. | the following points shall be added to Article 184:
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29. | the following Articles shall be inserted: ‘Article 185a Vineyard register and inventory 1. Member States shall maintain a vineyard register which contains updated information on the production potential. 2. Member States in which the total area planted with vines of wine grape varieties classifiable according to Article 120a(2) is less than 500 hectares shall not be subject to the obligation laid down in paragraph 1. 3. Member States, which provide for the measure “restructuring and conversion of vineyards” in their support programmes in accordance with Article 103q, shall, on the basis of the vineyard register, submit to the Commission by 1 March each year an updated inventory of their production potential. 4. Detailed rules concerning the vineyard register and the inventory shall be adopted by the Commission, in particular with regard to their use concerning monitoring and control of the production potential and concerning the measurement of areas. Any time after 1 January 2016, the Commission may decide that paragraphs 1 to 3 no longer apply. Article 185 - b Compulsory declarations in the wine sector 1. Producers of grapes for wine making and producers of must and wine shall declare to the competent national authorities each year the quantities produced from the last harvest.2. Member States may require merchants of grapes for wine making to declare each year the quantities marketed from the last harvest. 3. Producers of must and wine, and merchants other than retailers, shall declare to the competent national authorities each year their stocks of must and wine, whether from the harvest of the current year or from the harvest of preceding years. Must and wine imported from third countries shall be stated separately. 4. Detailed rules for the application of this Article may be adopted by the Commission and may, in particular, include rules on penalties to be applied in case of non-compliance with the communication requirements. Article 185 - c Accompanying documents and register in the wine sector 1. The products of the wine sector shall be put into circulation within the Community only with an officially authorised accompanying document.2. Natural or legal persons or groups of persons who hold products covered by the wine sector in the exercise of their trade, in particular producers, bottlers and processors, as well as merchants to be determined by the Commission, shall keep inwards and outwards registers in respect of those products. 3. Detailed rules for the application of this Article may be adopted by the Commission. Article 185 - d Designation of responsible national authorities for the wine sector 1. Without prejudice to any other provisions of this Regulation concerning the determination of competent national authorities, Member States shall designate one or more authorities which shall be responsible for ensuring compliance with Community rules in the wine sector. In particular, Member States shall designate the laboratories authorised to carry out official analyses in the wine sector. The designated laboratories shall meet the general criteria for the operation of testing laboratories set out in ISO/IEC 17025.2. Member States shall inform the Commission of the names and addresses of the authorities and laboratories referred to in paragraph 1. The Commission, without the assistance of the Committee referred to in Article 195(1), shall make this information public.’; |
30. | the following Article shall be inserted: ‘Article 188a Reporting and evaluation in the wine sector 1. As concerns unlawful plantings planted after 31 August 1998, referred to in Article 85a, Member States shall communicate to the Commission by 1 March each year the areas which were planted with vines without a corresponding planting right after 31 August 1998, as well as the areas grubbed up in accordance with paragraph 1 of that Article. 2. As concerns the obligatory regularisation of unlawful plantings planted before 1 September 1998 referred to in Article 85b, Member States shall communicate to the Commission by 1 March of each of the relevant years:
Member States shall, for the first time by 1 March 2010, communicate to the Commission the areas grubbed up in accordance with the first subparagraph of Article 85b(4). The end of the transitional ban on new plantings on 31 December 2015 as provided for in Article 85g(1), shall not affect the obligations provided for in this paragraph. 3. As concerns aid applications in the context of the grubbing-up scheme set up in Subsection III of Section IVa of Chapter III of Title I of Part II, Member States shall notify the Commission by 1 March each year of the applications accepted, split by regions and by yield ranges, and the total amount of grubbing-up premiums paid by region. For the preceding wine year, Member States shall notify the Commission by 1 December each year of:
4. As concerns exemptions from the eligibility for the participation in the grubbing-up scheme in accordance with Article 85u, Member States deciding to make use of the possibility provided for in paragraphs 4 to 6 of that Article shall communicate to the Commission by 1 August each year, concerning the grubbing-up measure to be implemented:
5. Member States shall submit to the Commission by 1 March each year, and for the first time by 1 March 2010, a report on the implementation of the measures provided for in their support programmes referred to in Section IVb of Chapter IV of Title I of Part II during the previous financial year. Those reports shall list and describe the measures for which Community assistance under the support programmes was granted and shall, in particular, provide details on the implementation of the promotion measures referred to in Article 103p. 6. Member States shall, by 1 March 2011 and, a second time, by 1 March 2014, submit to the Commission an evaluation of the costs and benefits of the support programmes as well as an indication of how to increase their efficiency. 7. Detailed rules for the application of this Article shall be adopted by the Commission.’; |
31. | the following Article shall be inserted: ‘Article 190a Transfer of amounts available in the wine sector to rural development 1. The amounts fixed in paragraph 2, based on historical expenditure under Regulation (EC) No 1493/1999 for intervention measures to regulate agricultural markets as referred to in Article 3(1)(b) of Regulation (EC) No 1290/2005, shall be available as additional Community funds for measures in wine-producing regions under the rural development programming financed under Regulation (EC) No 1698/2005. 2. The following amounts shall be available in the given calendar years:
3. The amounts set in paragraph 2 shall be allocated among Member States in accordance with Annex Xc.’; |
32. | the following paragraph shall be added to Article 194: ‘The Commission may also determine the rules on the measurement of areas in the wine sector ensuring uniform application of Community provisions as laid down in this Regulation. Such rules may, in particular, relate to controls and rules governing the specific financial procedures for the improvement of controls.’; |
33. | the following Article shall be added to Part VI: ‘Article 194a Compatibility with the integrated administration and control system For the purposes of applying this Regulation in the wine sector, Member States shall ensure that the administration and control procedures, referred to in the first and the third paragraph of Article 194, which relate to areas, are compatible with the integrated administration control system (IACS) as regards the following elements:
The procedures shall allow, without any problems or conflicts, a common functioning or the exchange of data with the IACS.’; |
34. | Article 195 shall be amended as follows:
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35. | Article 196 shall be replaced by the following: ‘Article 196 Organisation of the Management Committee The organisation of the meetings of the Management Committee referred to in Article 195(1) shall take into account, in particular, the scope of its responsibilities, the specificities of the subject to be dealt with, and the need to involve appropriate expertise.’; |
36. | the following Article shall be inserted: ‘Article 203b Transitional rules in the wine sector The Commission may adopt the measures required to facilitate the transition from the arrangements provided for in Regulations (EC) No 1493/1999 and (EC) No 479/2008 to those laid down in this Regulation.’; |
37. | the Annexes shall be amended as follows:
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Article 2 - Amendment to Regulation (EC) No 1184/2006
‘Article 1
This Regulation shall lay down the rules to be applied as regards the applicability of Articles 81 to 86 and certain provisions of Article 88 of the Treaty in relation to production of, or trade in, the products listed in Annex I to the Treaty with the exception of the products covered by Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (17).
Article 3 - Repeals and transitional continued applicability
References to the repealed Regulation shall be construed as references to Regulation (EC) No 1234/2007 and shall be read in accordance with the respective correlation table set out in Annex XXII to that Regulation.
2. Article 128(3) of Regulation (EC) No 479/2008 shall continue to apply for the measures and under the conditions set out therein.
Article 4 - Entry into force
It shall apply from 1 August 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.