Annexes to COM(2007)372 - Common organisation of the market in wine and amending certain Regulations - Main contents

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dossier	COM(2007)372 - Common organisation of the market in wine and amending certain Regulations.
document	COM(2007)372
date	April 29, 2008

ANNEX I

DEFINITIONS

General

1.	‘Wine year’ shall mean the production year for the products covered by this Regulation. It begins on 1 August each year and ends on 31 July of the following year.

Vine-related

2.	‘Grubbing-up’ shall mean the complete elimination of all vine stocks on an area planted with vines.

3.	‘Planting’ shall mean the definitive establishment of vine plants or parts of vine plants, whether or not grafted, with a view to producing grapes or to establishing a graft nursery.

4.	‘Grafting-on’ shall mean the grafting of a vine which has already been subject to a previous grafting.

Produce-related

5.	‘Fresh grapes’ shall mean the fruit of the vine used in making wine, ripe or even slightly raisined, which may be crushed or pressed by normal wine-cellar means and which may spontaneously produce alcoholic fermentation.

‘Fresh grape must with fermentation arrested by the addition of alcohol’ shall mean a product which:

(a)	has an actual alcoholic strength of not less than 12 % vol. and not more than 15 % vol.;

(b)

is obtained by addition to unfermented grape must, which has a natural alcoholic strength of not less than 8,5 % vol. and is exclusively derived from wine grape varieties classifiable according to Article 24(1):

(i)	either of neutral alcohol of vinous origin, including alcohol obtained from the distillation of dried grapes, having an actual alcoholic strength of not less than 96 % vol.;

(ii)	or of an unrectified product derived from the distillation of wine and having an actual alcoholic strength of not less than 52 % vol. and not more than 80 % vol.

‘Grape juice’ shall mean the unfermented but fermentable liquid product which:

(a)	is obtained by appropriate treatment rendering it fit for consumption as it is;

(b)	is obtained from fresh grapes or from grape must or by reconstitution. Where obtained by reconstitution, it shall be reconstituted from concentrated grape must or concentrated grape juice.

An actual alcoholic strength of the grape juice of not more than 1 % vol. is permissible.

‘Concentrated grape juice’ shall mean uncaramelised grape juice obtained by partial dehydration of grape juice carried out by any authorised method other than by direct heat in such a way that the figure indicated by a refractometer used in accordance with a method to be prescribed at a temperature of 20 oC is not less than 50,9 %.

An actual alcoholic strength of the concentrated grape juice of not more than 1 % vol. is permissible.

‘Wine lees’ shall mean:

(a)	the residue accumulating in vessels containing wine after fermentation, during storage or after authorised treatment;

(b)	the residue obtained from filtering or centrifuging the product referred to in (a);

(c)	the residue accumulating in vessels containing grape must during storage or after authorised treatment;

(d)	the residue obtained from filtering or centrifuging the product referred to in (c).

10.	‘Grape marc’ shall mean the residue from the pressing of fresh grapes, whether or not fermented.

11.

‘Piquette’ shall mean a product obtained:

(a)	by the fermentation of untreated grape marc macerated in water;

(b)	by leaching fermented grape marc with water.

12.

‘Wine fortified for distillation’ shall mean a product which:

(a)	has an actual alcoholic strength of not less than 18 % vol. and not more than 24 % vol.;

(b)	is obtained exclusively by the addition to wine containing no residual sugar of an unrectified product derived from the distillation of wine and having a maximum actual alcoholic strength of 86 % vol.;

(c)	has a maximum volatile acidity of 1,5 grams per litre, expressed as acetic acid.

13.

‘Cuvée’ shall mean:

(a)	the grape must;

(b)

the wine;

(c)	the mixture of grape musts and/or wines with different characteristics,

intended for the preparation of a specific type of the sparkling wines.

Alcoholic strength

14.	‘Actual alcoholic strength by volume’ shall mean the number of volumes of pure alcohol contained at a temperature of 20 oC in 100 volumes of the product at that temperature.

15.	‘Potential alcoholic strength by volume’ shall mean the number of volumes of pure alcohol at a temperature of 20 oC capable of being produced by total fermentation of the sugars contained in 100 volumes of the product at that temperature.

16.	‘Total alcoholic strength by volume’ shall mean the sum of the actual and potential alcoholic strengths.

17.	‘Natural alcoholic strength by volume’ shall mean the total alcoholic strength by volume of a product before any enrichment.

18.	‘Actual alcoholic strength by mass’ shall mean the number of kilograms of pure alcohol contained in 100 kilograms of product.

19.	‘Potential alcoholic strength by mass’ shall mean the number of kilograms of pure alcohol capable of being produced by total fermentation of the sugars contained in 100 kilograms of the product.

20.	‘Total alcoholic strength by mass’ shall mean the sum of the actual and potential alcoholic strength.

ANNEX II

BUDGET FOR SUPPORT PROGRAMMES

(referred to in Article 8(1))

in EUR 1000
Budget year	2009	2010	2011	2012	2013	From 2014 onwards
BG	15 608	21 234	22 022	27 077	26 742	26 762
CZ	2 979	4 076	4 217	5 217	5 151	5 155
DE	22 891	30 963	32 190	39 341	38 867	38 895
EL	14 286	19 167	19 840	24 237	23 945	23 963
ES	213 820	284 219	279 038	358 000	352 774	353 081
FR	171 909	226 814	224 055	284 299	280 311	280 545
IT (1)	238 223	298 263	294 135	341 174	336 736	336 997
CY	2 749	3 704	3 801	4 689	4 643	4 646
LT	30	37	45	45	45	45
LU	344	467	485	595	587	588
HU	16 816	23 014	23 809	29 455	29 081	29 103
MT	232	318	329	407	401	402
AT	8 038	10 888	11 313	13 846	13 678	13 688
PT	37 802	51 627	53 457	65 989	65 160	65 208
RO	42 100	42 100	42 100	42 100	42 100	42 100
SI	3 522	4 820	4 987	6 169	6 091	6 095
SK	2 938	4 022	4 160	5 147	5 082	5 085
UK	160	221	227	284	280	280

(1) The national ceilings in Annex VIII to Regulation (EC) No 1782/2003 for Italy corresponding to years 2008, 2009 and 2010 are reduced by EUR 20 millions and those amounts have been included in the budget amounts of Italy for the years 2009, 2010 and 2011 as laid down in this table.

ANNEX III

BUDGET ALLOCATION FOR RURAL DEVELOPMENT

(referred to in Article 23(3))

in EUR 1000
Budget year	2009	2010	From 2011 onwards
BG	—	—	—
CZ	—	—	—
DE	—	—	—
EL	—	—	—
ES	15 491	30 950	46 441
FR	11 849	23 663	35 512
IT	13 160	26 287	39 447
CY	—	—	—
LT	—	—	—
LU	—	—	—
HU	—	—	—
MT	—	—	—
AT	—	—	—
PT	—	—	—
RO	—	—	—
SI	—	—	—
SK	—	—	—
UK	—	—	—

ANNEX IV

CATEGORIES OF GRAPEVINE PRODUCTS

1. Wine

Wine shall be the product obtained exclusively from the total or partial alcoholic fermentation of fresh grapes, whether or not crushed, or of grape must.

Wine shall:

(a)

have, whether or not following application of the processes specified in point B of Annex V, an actual alcoholic strength of not less than 8,5 % vol. provided that the wine derives exclusively from grapes harvested in wine-growing zones A and B referred to in Annex IX, and of not less than 9 % vol. in other wine-growing zones;

(b)

have, by way of derogation from the otherwise applicable minimum actual alcoholic strength, where it has a protected designation of origin or geographical indication, whether or not following application of the processes specified in point B of Annex V, an actual alcoholic strength of not less than 4,5 % vol.;

(c)

have a total alcoholic strength of not more than 15 % vol.. By way of derogation:

—	the upper limit for the total alcoholic strength may reach up to 20 % vol. for wines from certain wine-growing areas of the Community, to be decided in accordance with the procedure referred to in Article 113(2), which have been produced without any enrichment,

—	the upper limit for the total alcoholic strength may exceed 15 % vol. for wines with a protected designation of origin which have been produced without enrichment;

(d)	have, subject to derogations which may be adopted in accordance with the procedure referred to in Article 113(2), a total acidity content, expressed as tartaric acid, of not less than 3,5 grams per litre or 46,6 milliequivalents per litre.

‘Retsina’ shall be wine produced exclusively in the geographical territory of Greece using grape must treated with resin from the Aleppo pine. The use of Aleppo pine resin is permitted solely for the purpose of obtaining ‘Retsina’ wine under the conditions laid down in the Greek provisions applicable.

By way of derogation from point (b) ‘Tokaji eszencia’ and ‘Tokajská esencia’ are considered wine.

2. New wine still in fermentation

New wine still in fermentation shall be the product in which the alcoholic fermentation is not yet complete and which is not yet separated from its lees.

3. Liqueur wine

Liqueur wine shall be the product:

(a)	which has an actual alcoholic strength of not less than 15 % vol. and not more than 22 % vol.;

(b)	which has a total alcoholic strength of not less than 17,5 % vol., except for certain liqueur wines with a designation of origin or with a geographical indication appearing on a list to be drawn up in accordance with the procedure referred to in Article 113(2);

(c)

which is obtained from:

—	grape must in fermentation,

—

wine,

—	a combination of the above products, or

—	grape must or a mixture thereof with wine in so far as liqueur wines, to be determined in accordance with the procedure referred to in Article 113(2), with a protected designation of origin or geographical indication are concerned;

(d)	which has an initial natural alcoholic strength of not less than 12 % vol. excepting certain liqueur wines with a designation of origin or with a protected geographical indication appearing on a list to be drawn up in accordance with the procedure referred to in Article 113(2);

(e)

to which has been added;

(i)

individually or in combination:

—	neutral alcohol of vine origin, including alcohol produced from the distillation of dried grapes, having an actual alcoholic strength of not less than 96 % vol.,

—	wine or dried grape distillate, having an actual alcoholic strength of not less than 52 % vol. and not more than 86 % vol.;

(ii)

together with one or more of the following products where appropriate:

—	concentrated grape must,

—	a combination of one of the products referred to in point (e)(i) with a grape must referred to in the first and fourths indent of point (c);

(f)

to which, by way of derogation from point (e), has been added, in so far as certain liqueur wines with a protected designation of origin or geographical indication are concerned which appear on a list to be drawn up in accordance with the procedure referred to in Article 113(2):

(i)	either of products listed in point (e)(i) individually or in combination; or

(ii)

one or more of the following products:

—	wine alcohol or dried grape alcohol with an actual alcoholic strength of not less than 95 % vol. and not more than 96 % vol.,

—	spirits distilled from wine or from grape marc, with an actual alcoholic strength of not less than 52 % vol. and not more than 86 % vol.,

—	spirits distilled from dried grapes, with an actual alcoholic strength of not less than 52 % vol. and of less than 94,5 % vol.;

(iii)

and one or more of the following products, where appropriate:

—	partially fermented grape must obtained from raisined grapes,

—	concentrated grape must obtained by the action of direct heat, complying, with the exception of this operation, with the definition of concentrated grape must,

—	concentrated grape must,

—	a combination of one of the products listed in point (f)(ii) with a grape must referred to in the first and fourth indents of point (c).

4. Sparkling wine

Sparkling wine shall be the product:

(a)

which is obtained by first or second alcoholic fermentation:

—	from fresh grapes,

—	from grape must,

—	from wine;

(b)	which, when the container is opened, releases carbon dioxide derived exclusively from fermentation;

(c)	which has an excess pressure, due to carbon dioxide in solution, of not less than 3 bar when kept at a temperature of 20 oC in closed containers;

(d)	for which the total alcoholic strength of the cuvées intended for their preparation shall not be less than 8,5 % vol.

5. Quality sparkling wine

Quality sparkling wine shall be the product:

(a)

which is obtained by first or second alcoholic fermentation:

—	from fresh grapes,

—	from grape must,

—	from wine;

(b)	which, when the container is opened, releases carbon dioxide derived exclusively from fermentation;

(c)	which has an excess pressure, due to carbon dioxide in solution, of not less than 3,5 bar when kept at a temperature of 20 oC in closed containers;

(d)	for which the total alcoholic strength of the cuvées intended for their preparation shall not be less than 9 % vol.

6. Quality aromatic sparkling wine

Quality aromatic sparkling wines shall be the quality sparkling wine:

(a)

which is obtained only by making use, when constituting the cuvée, of grape must or grape must in fermentation which are derived from specific wine grape varieties on a list to be drawn up in accordance with the procedure referred to in Article 113(2). Quality aromatic sparkling wines traditionally produced using wines when constituting the cuvée, shall be determined in accordance with the procedure referred to in Article 113(2);

(b)	which has an excess pressure, due to carbon dioxide in solution, of not less than 3 bar when kept at a temperature of 20 oC in closed containers;

(c)	of which the actual alcoholic strength may not be less than 6 % vol.;

(d)	of which the total alcoholic strength may not be less than 10 % vol.

Specific rules concerning other supplementary characteristics or conditions of production and circulation shall be adopted in accordance with the procedure referred to in Article 113(2).

7. Aerated sparkling wine

Aerated sparkling wine shall be the product which:

(a)	is obtained from wine without a protected designation of origin or a geographical indication;

(b)	releases, when the container is opened, carbon dioxide derived wholly or partially from an addition of that gas;

(c)	has an excess pressure, due to carbon dioxide in solution, of not less than 3 bar when kept at a temperature of 20 oC in closed containers.

8. Semi-sparkling wine

Semi-sparkling wine shall be the product which:

(a)	is obtained from wine provided that such wine has a total alcoholic strength of not less than 9 % vol.;

(b)	has an actual alcoholic strength of not less than 7 % vol.;

(c)	has an excess pressure, due to endogenous carbon dioxide in solution of not less than 1 bar and not more than 2,5 bar when kept at a temperature of 20 oC in closed containers;

(d)	is put up in containers of 60 litres or less.

9. Aerated semi-sparkling wine

Aerated semi-sparkling wine shall be the product which:

(a)	is obtained from wine;

(b)	has an actual alcoholic strength of not less than 7 % vol. and a total alcoholic strength of not less than 9 % vol.;

(c)	has an excess pressure of not less than 1 bar and not more than 2,5 bar when kept at a temperature of 20 oC in closed containers due to carbon dioxide in solution which has been wholly or partially added;

(d)	is put up in containers of 60 litres or less.

10. Grape must

Grape must shall be the liquid product obtained naturally or by physical processes from fresh grapes. An actual alcoholic strength of the grape must of not more than 1 % vol. is permissible.

11. Partially fermented grape must

Grape must in fermentation shall be the product obtained from the fermentation of grape must which has an actual alcoholic strength of more than 1 % vol. but less than three fifths of its total alcoholic strength by volume.

12. Partially fermented grape must extracted from raisined grapes

Grape must in fermentation extracted from raisined grapes shall be the product obtained from the partial fermentation of grape must obtained from raisined grapes, the total sugar content of which before fermentation is at least 272 grams per litre and the natural and actual alcoholic strength of which shall not be less than 8 % vol. However, certain wines, to be determined in accordance with the procedure referred to in Article 113(2), that meet these requirements shall not be considered as grape must in fermentation extracted from raisined grapes.

13. Concentrated grape must

Concentrated grape must shall be uncaramelised grape must which is obtained by partial dehydration of grape must carried out by any authorised method other than by direct heat in such a way that the figure indicated by a refractometer used in accordance with a method to be prescribed in accordance with Article 31 at a temperature of 20 oC is not less than 50,9 %.

An actual alcoholic strength of the concentrated grape must of not more than 1 % vol. is permissible.

14. Rectified concentrated grape must

Rectified concentrated grape must shall be the liquid uncaramelised product which:

(a)	is obtained by partial dehydration of grape must carried out by any authorised method other than direct heat in such a way that the figure indicated by a refractometer used in accordance with a method to be prescribed in accordance with Article 31 at a temperature of 20 oC is not less than 61,7 %;

(b)	has undergone authorised treatment for de-acidification and elimination of constituents other than sugar;

(c)

has the following characteristics:

—	a pH of not more than 5 at 25 oBrix,

—	an optical density at 425 nm for a thickness of 1 cm of not more than 0,100 in grape must concentrated at 25 oBrix,

—	a sucrose content undetectable by a method of analysis to be defined,

—	a Folin-Ciocalteu index of not more than 6,00 at 25 oBrix,

—	a titratable acidity of not more than 15 milliequivalents per kilogram of total sugars,

—	a sulphur dioxide content of not more than 25 milligrams per kilogram of total sugars,

—	a total cation content of not more than 8 milliequivalents per kilogram of total sugars,

—	a conductivity at 25 oBrix and 20 oC of not more than 120 micro-Siemens/cm,

—	a hydroxymethylfurfural content of not more than 25 milligrams per kilogram of total sugars,

—	presence of mesoinositol.

An actual alcoholic strength of the rectified concentrated grape must of not more than 1 % vol. is permissible.

15. Wine from raisined grapes

Wine from raisined grapes shall be the product which:

(a)	is produced without enrichment, from grapes left in the sun or shade for partial dehydration;

(b)	has a total alcoholic strength of at least 16 % vol. and an actual alcoholic strength of at least 9 % vol.;

(c)	has a natural alcoholic strength of a least 16 % vol. (or 272 grams sugar/litre).

16. Wine of overripe grapes

Wine of overripe grapes shall be the product which:

(a)	is produced without enrichment;

(b)	has a natural alcoholic strength of more than 15 % vol.;

(c)	has a total alcoholic strength of not less than 15 % vol. and an actual alcoholic strength of not less than 12 % vol.

Member States may prescribe a period of ageing for this product.

17. Wine vinegar

Wine vinegar shall be vinegar which:

(a)	is obtained exclusively by acetous fermentation of wine;

(b)	has a total acidity of not less than 60 grams per litre expressed as acetic acid.

ANNEX V

ENRICHMENT, ACIDIFICATION AND DE-ACIDIFICATION IN CERTAIN WINE GROWING ZONES

A. Enrichment limits

Where climatic conditions have made it necessary in certain wine-growing zones of the Community referred to in Annex IX, the Member States concerned may allow to supplement the natural alcoholic strength by volume of fresh grapes, grape must, grape must in fermentation, new wine still in fermentation and wine obtained from wine grape varieties classifiable according to Article 24(1).

The increase in natural alcoholic strength by volume shall be achieved by means of the oenological practices referred to in point B and shall not exceed the following limits:

(a)	3 % vol. in wine-growing zone A referred to in Annex IX;

(b)	2 % vol. in wine-growing zone B referred to in Annex IX;

(c)	1,5 % vol. in wine-growing zones C referred to in Annex IX.

In years when climatic conditions have been exceptionally unfavourable Member States may request that the limit(s) laid down in paragraph 2 be raised by 0,5 %. In response to such a request, the Commission should present the draft legislative measure to the Committee foreseen in Article 195(1) of Regulation (EC) No 1234/2007 as soon as possible. The Commission will endeavour to take a decision in accordance with the procedure referred to in Article 113(1) of this Regulation within four weeks after the request has been lodged.

B. Enrichment processes

The increase in natural alcoholic strength by volume provided for in point A shall only be effected:

(a)	in respect of fresh grapes, grape must in fermentation or new wine still in fermentation, by adding sucrose, concentrated grape must or rectified concentrated grape must;

(b)	in respect of grape must, by adding sucrose, concentrated grape must or rectified concentrated grape must, or by partial concentration including reverse osmosis;

(c)	in respect of wine, by partial concentration through cooling.

2.	The processes referred to in paragraph 1 shall be mutually exclusive where wine or grape must is enriched with concentrated grape must or rectified concentrated grape must and an aid is paid under Article 19.

The addition of sucrose provided for in paragraph 1(a) and (b) may only be performed by dry sugaring and only in the following areas:

(a)	wine-growing zone A referred to in Annex IX;

(b)	wine-growing zone B referred to in Annex IX;

(c)

wine-growing zone C referred to in Annex IX, with the exception of vineyards in Italy, Greece, Spain, Portugal, Cyprus and vineyards in the French departments under jurisdiction of the courts of appeal of:

—	Aix-en-Provence,

—

Nîmes,

—	Montpellier,

—

Toulouse,

—

Agen,

—

Pau,

—

Bordeaux,

—

Bastia.

However, enrichment by dry sugaring may be authorised by the national authorities as an exception in the above mentioned French departments. France shall notify the Commission and the other Member States forthwith of any such authorisations.

The addition of concentrated grape must or rectified concentrated grape must shall not have the effect of increasing the initial volume of fresh crushed grapes, grape must, grape must in fermentation or new wine still in fermentation by more than 11 % in wine-growing zone A, 8 % in wine-growing zone B and 6,5 % in wine-growing zone C referred to in Annex IX.

The concentration of grape must or of wine subjected to the processes referred to in paragraph 1:

(a)	shall not have the effect of reducing the initial volume of these products by more than 20 %;

(b)	shall, notwithstanding point A(2)(c), not increase the natural alcoholic strength of these products by more than 2 % vol.

The processes referred to in paragraphs 1 and 5 shall not raise the total alcoholic strength of the fresh grapes, grape must, grape must in fermentation, new wine still in fermentation, or wine:

(a)	in wine-growing zone A referred to in Annex IX to more than 11,5 % vol.;

(b)	in wine-growing zone B referred to in Annex IX to more than 12 % vol.;

(c)	in wine-growing zone C I referred to in Annex IX to more than 12,5 % vol.;

(d)	in wine-growing zone C II referred to in Annex IX to more than 13 % vol.; and

(e)	in wine-growing zone C III referred to in Annex IX to more than 13,5 % vol.

By way of derogation from paragraph 6, Member States may

(a)	for red wine raise the upper limit of total alcoholic strength of the products referred to in paragraph 6 to 12 % vol. in wine-growing zone A and 12,5 % vol. in wine-growing zone B referred to in Annex IX;

(b)	raise the total alcoholic strength by volume of the products referred to in paragraph 6 for the production of wines with a designation of origin to a level to be determined by Member States.

C. Acidification and de-acidification

Fresh grapes, grape must, grape must in fermentation, new wine still in fermentation and wine may be subject to:

(a)	de-acidification in wine-growing zones A, B and C I referred to in Annex IX;

(b)	acidification and de-acidification in wine-growing zones C I, C II and C III (a) referred to in Annex IX, without prejudice to paragraph 7; or

(c)	acidification in wine-growing zone C III (b) referred to in Annex IX.

2.	Acidification of the products, other than wine, referred to in paragraph 1 may be carried out only up to a limit of 1,50 g/l expressed as tartaric acid, or 20 milliequivalents per litre.

3.	Acidification of wines may be carried out only up to a limit of 2,50 g/l expressed as tartaric acid, or 33,3 milliequivalents per litre.

4.	De-acidification of wines may be carried out only up to a limit of 1 g/l expressed as tartaric acid, or 13,3 milliequivalents per litre.

5.	Grape must intended for concentration may be partially de-acidified.

6.	Notwithstanding paragraph 1, in years when climatic conditions have been exceptional, Member States may authorise acidification of the products referred to in paragraph 1 in wine-growing zones A and B, referred to in Annex IX, under the conditions referred to in paragraphs 2 and 3.

7.	Acidification and enrichment, except by way of derogation to be decided in accordance with the procedure referred to in Article 113(2), and acidification and de-acidification of one and the same product shall be mutually exclusive processes.

D. Processes

None of the processes referred to in points B and C, with the exception of the acidification and de-acidification of wines, shall be authorised unless carried out, under conditions to be determined in accordance with the procedure referred to in Article 113(2), at the time when the fresh grapes, grape must, grape must in fermentation or new wine still in fermentation are being turned into wine or into any other beverage intended for direct human consumption referred to in Article 1(1) other than sparkling wine or aerated sparkling wine in the wine-growing zone where the fresh grapes used were harvested.

2.	The concentration of wines shall take place in the wine-growing zone where the fresh grapes used were harvested.

3.	Acidification and de-acidification of wines shall take place only in the wine making undertaking and in the wine-growing zone where the grapes used to produce the wine in question were harvested.

Each of the processes referred to in paragraphs 1, 2 and 3 shall be notified to the competent authorities. The same shall apply in respect of the quantities of concentrated grape must rectified concentrated grape must or sucrose held in the exercise of their profession by natural or legal persons or groups of persons, in particular producers, bottlers, processors and merchants to be determined in accordance with the procedure referred to in Article 113(2), at the same time and in the same place as fresh grapes, grape must, grape must in fermentation or wine in bulk. The notification of these quantities may, however, be replaced by entry in a goods inwards and stock utilisation register.

5.	Each of the processes referred to in points B and C shall be recorded on the accompanying document, as provided for in Article 112, under cover of which the products having undergone the processes are put into circulation.

Those processes, subject to derogations justified by exceptional climatic conditions, shall not be carried out:

(a)	in wine-growing zone C referred to in Annex IX after 1 January;

(b)	in wine-growing zones A and B referred to in Annex IX after 16 March and

they shall be carried out only for products of the grape harvest immediately preceding those dates.

7.	Notwithstanding paragraph 6, concentration by cooling and acidification and de-acidification of wines may be practised throughout the year.

ANNEX VI

RESTRICTIONS

A. General

1.	All authorised oenological practises shall exclude the addition of water, except where required on account of a specific technical necessity.

2.	All authorised oenological practises shall exclude the addition of alcohol, except for practices related to obtaining fresh grape must with fermentation arrested by the addition of alcohol, liqueur wine, sparkling wine, wine fortified for distillation and semi-sparkling wine.

3.	Wine fortified for distillation shall only be used for distillation.

B. Fresh grapes, grape must and grape juice

Fresh grape must in which fermentation is arrested by the addition of alcohol shall be used only during the stage of preparation of products which do not fall under CN codes 2204 10, 2204 21 and 2204 29. This is without prejudice to any stricter provisions which Member States may apply to the preparation in their territory of products which do not fall under CN codes 2204 10, 2204 21 and 2204 29.

2.	Grape juice and concentrated grape juice shall not be made into wine or added to wine. They shall not undergo alcoholic fermentation in the territory of the Community.

3.	The provisions of paragraphs 1 and 2 shall not apply to products intended for the production, in the United Kingdom, Ireland and in Poland, of products falling within CN code 2206 00 for which Member States may allow the use of a composite name including the sales designation ‘wine’.

4.	Grape must in fermentation extracted from raisined grapes, shall be put on the market only for the manufacture of liqueur wines only in the wine-growing regions where this usage was traditional on 1 January 1985, and for the manufacture of wine of overripe grapes.

Unless otherwise decided by the Council in accordance with the international obligations of the Community, fresh grapes, grape must, grape must in fermentation, concentrated grape must, rectified concentrated grape must, grape must with fermentation arrested by the addition of alcohol, grape juice, concentrated grape juice and wine, or mixtures of those products, originating in third countries may not be turned into products referred to in Annex IV or added to such products in the territory of the Community.

C. Blending of wines

Unless otherwise decided by the Council in accordance with the international obligations of the Community, coupage of a wine originating in a third country with a Community wine and coupage between wines originating in third countries shall be prohibited in the Community.

D. By-products

Over-pressing of grapes shall be prohibited. Member States shall decide, taking account of local and technical conditions, the minimum quantity of alcohol that shall be contained in the marc and the lees after pressing of the grapes.

The quantity of alcohol contained in those by-products shall be decided by Member States at a level at least equal to 5 % in relation to the volume of alcohol contained in the wine produced.

Except for alcohol, spirits and piquette, wine or any other beverage intended for direct human consumption shall not be produced from wine lees or grape marc. The pouring of wine onto lees or grape marc or pressed aszú pulp shall be allowed under conditions to be determined in accordance with the procedure referred to in Article 113(2) where this practice is traditionally used for the production of ‘Tokaji fordítás’ and ‘Tokaji máslás’ in Hungary and ‘Tokajský forditáš’ and ‘Tokajský mášláš’ in Slovakia.

3.	The pressing of wine lees and the re-fermentation of grape marc for purposes other than distillation or production of piquette is prohibited. Filtering and centrifuging of wine lees shall not be considered as pressing where the products obtained are of sound, genuine and merchantable quality.

4.	Piquette, where its production is authorised by the Member State concerned, shall be used only for distillation or for consumption in wine-producers' households.

Without prejudice to the possibility for Member States to decide to require disposal of by-products by way of distillation, any natural or legal persons or groups of persons who hold by-products shall be required to dispose of them subject to conditions to be determined in accordance with the procedure referred to in Article 113(2).

ANNEX VII

BUDGET FOR GRUBBING-UP SCHEME

The budget available for the grubbing-up scheme referred to in Article 102(3) shall be:

(a)	for the wine year 2008/2009 (2009 budget year): EUR 464 million;

(b)	for the wine year 2009/2010 (2010 budget year): EUR 334 million;

(c)	for the wine year 2010/2011 (2011 budget year): EUR 276 million.

ANNEX VIII

Areas which Member States may declare ineligible for the grubbing-up scheme

(referred to in Article 104(1), (2) and (5))

(in ha)
Member State	Total area planted with vines	Areas referred to in Article 104(5)
BG	135 760	4 073
CZ	19 081	572
DE	102 432	3 073
EL	69 907	2 097
ES	1 099 765	32 993
FR	879 859	26 396
IT	730 439	21 913
CY	15 023	451
LU	1 299	39
HU	85 260	2 558
MT	910	27
AT	50 681	1 520
PT	238 831	7 165
RO	178 101	5 343
SI	16 704	501
SK	21 531	646

ANNEX IX

WINE-GROWING ZONES

(referred to in Annexes IV and V)

The wine-growing zones shall be the following:

Wine-growing zone A comprises:

(a)	in Germany: the areas planted with vines other than those included in wine-growing zone B;

(b)	in Luxembourg: the Luxembourg wine-growing region;

(c)	in Belgium, Denmark, Ireland, the Netherlands, Poland, Sweden and the United Kingdom: the wine-growing areas of these countries;

(d)	in the Czech Republic: the wine growing region of Čechy.

Wine-growing zone B comprises:

(a)	in Germany, the areas planted with vines in the specified region Baden;

(b)

in France, the areas planted with vines in the departments not mentioned in this Annex and in the following departments:

—	in Alsace: Bas-Rhin, Haut-Rhin,

—	in Lorraine: Meurthe-et-Moselle, Meuse, Moselle, Vosges,

—	in Champagne: Aisne, Aube, Marne, Haute-Marne, Seine-et-Marne,

—	in the Jura: Ain, Doubs, Jura, Haute-Saône,

—	in Savoie: Savoie, Haute-Savoie, Isère (commune de Chapareillan),

—	in the Val de Loire: Cher, Deux-Sèvres, Indre, Indre-et-Loire, Loir-et-Cher, Loire-Atlantique, Loiret, Maine-et-Loire, Sarthe, Vendée, Vienne, and the areas planted with vines in the arrondissement of Cosne-sur-Loire in the department of Nièvre;

(c)	in Austria, the Austrian wine-growing area;

(d)	in the Czech Republic, the wine-growing region of Morava and the areas planted with vines not included in paragraph 1(d);

(e)

in Slovakia, the areas planted with vines in the following regions: Malokarpatská vinohradnícka oblast', Južnoslovenská vinohradnícka oblast', Nitrianska vinohradnícka oblast', Stredoslovenská vinohradnícka oblast', Východoslovenská vinohradnícka oblast' and the wine growing areas not included in paragraph 3(f);

(f)

in Slovenia, the areas planted with vines in the following regions:

—	in the Podravje region: Štajerska Slovenija, Prekmurje,

—	in the Posavje region: Bizeljsko Sremič, Dolenjska and Bela krajina, and the areas planted with vines in the regions not included in paragraph 4(d);

(g)	in Romania, in the area of Podișul Transilvaniei.

Wine-growing zone C I comprises:

(a)

in France, areas planted with vines:

—

in the following departments: Allier, Alpes-de-Haute-Provence, Hautes-Alpes, Alpes-Maritimes, Ariège, Aveyron, Cantal, Charente, Charente-Maritime, Corrèze, Côte-d'Or, Dordogne, Haute-Garonne, Gers, Gironde, Isère (with the exception of the commune of Chapareillan), Landes, Loire, Haute-Loire, Lot, Lot-et-Garonne, Lozère, Nièvre (except for the arrondissement of Cosne-sur-Loire), Puy-de-Dôme, Pyrénées-Atlantiques, Hautes-Pyrénées, Rhône, Saône-et-Loire, Tarn, Tarn-et-Garonne, Haute-Vienne, Yonne,

—	in the arrondissements of Valence and Die in the department of Drôme (except for the cantons of Dieulefit, Loriol, Marsanne and Montélimar),

—	in the arrondissement of Tournon, in the cantons of Antraigues, Burzet, Coucouron, Montpezat-sous-Bauzon, Privas, Saint-Etienne de Lugdarès, Saint-Pierreville, Valgorge and la Voulte-sur-Rhône of the department of Ardèche;

(b)	in Italy, areas planted with vines in the Valle d'Aosta region and in the provinces of Sondrio, Bolzano, Trento and Belluno;

(c)	in Spain, areas planted with vines in the provinces of A Coruña, Asturias, Cantabria, Guipúzcoa and Vizcaya;

(d)

in Portugal, areas planted with vines in that part of the region of Norte which corresponds to the designated wine area of ‘Vinho Verde’ as well as the ‘Concelhos de Bombarral, Lourinhã, Mafra e Torres Vedras’ (with the exception of ‘Freguesias da Carvoeira e Dois Portos’), belonging to the ‘Região viticola da Extremadura’;

(e)	in Hungary, all areas planted with vines;

(f)	in Slovakia, areas planted with vines in the Tokajská vinohradnícka oblast';

(g)	in Romania, areas planted with vines not included in paragraphs 2(g) or 4(f).

Wine-growing zone C II comprises:

(a)

in France, areas planted with vines:

—	in the following departments: Aude, Bouches-du-Rhône, Gard, Hérault, Pyrénées-Orientales (except for the cantons of Olette and Arles-sur-Tech), Vaucluse,

—	in the part of the department of Var bounded in the south by the northern limit of the communes of Evenos, Le Beausset, Solliès-Toucas, Cuers, Puget-Ville, Collobrières, La Garde-Freinet, Plan-de-la-Tour and Sainte-Maxime,

—	in the arrondissement of Nyons and the cantons of Dieulefit, Loriol, Marsanne and Montélimar in the department of Drôme,

—	in those parts of the department of Ardèche not listed in paragraph 3(a);

(b)

in Italy, areas planted with vines in the following regions: Abruzzo, Campania, Emilia-Romagna, Friuli-Venezia Giulia, Lazio, Liguria, Lombardy except for the province of Sondrio, Marche, Molise, Piedmont, Tuscany, Umbria, Veneto except for the province of Belluno, including the islands belonging to those regions, such as Elba and the other islands of the Tuscan archipelago, the Ponziane islands, Capri and Ischia;

(c)

in Spain, areas planted with vines in the following provinces:

—	Lugo, Orense, Pontevedra,

—	Ávila (except for the communes which correspond to the designated wine ‘comarca’ of Cebreros), Burgos, León, Palencia, Salamanca, Segovia, Soria, Valladolid, Zamora,

—

La Rioja,

—

Álava,

—

Navarra,

—

Huesca,

—	Barcelona, Girona, Lleida,

—	in that part of the province of Zaragoza which lies to the north of the river Ebro,

—	in those communes of the province of Tarragona included in the Penedés designation of origin,

—	in that part of the province of Tarragona which corresponds to the designated wine ‘comarca’ of Conca de Barberá;

(d)	in Slovenia, areas planted with vines in the following regions: Brda or Goriška Brda, Vipavska dolina or Vipava, Kras and Slovenska Istra;

(e)	in Bulgaria, areas planted with vines in the following regions: Dunavska Ravnina (Дунавска равнина), Chernomorski Rayon (Черноморски район), Rozova Dolina (Розова долина);

(f)	in Romania, areas planted with vines in the following regions: Dealurile Buzăului, Dealu Mare, Severinului and Plaiurile Drâncei, Colinele Dobrogei, Terasele Dunării, the South wine region including sands and other favourable regions.

Wine-growing zone C III (a) comprises:

(a)	in Greece, areas planted with vines in the following nomoi: Florina, Imathia, Kilkis, Grevena, Larisa, Ioannina, Levkas, Akhaia, Messinia, Arkadia, Korinthia, Iraklio, Khania, Rethimni, Samos, Lasithi and the island of Thira (Santorini);

(b)	in Cyprus, areas planted with vines located at altitudes exceeding 600 metres;

(c)	in Bulgaria, areas planted with vines not included in paragraph 4(e).

Wine-growing zone C III (b) comprises:

(a)

in France, areas planted with vines:

—	in the departments of Corsica,

—	in that part of the department of Var situated between the sea and a line bounded by the communes (which are themselves included) of Evenos, Le Beausset, Solliès-Toucas, Cuers, Puget-Ville, Collobrières, La Garde-Freinet, Plan-de-la-Tour and Sainte-Maxime,

—	in the cantons of Olette and Arles-sur-Tech in the department of Pyrénées-Orientales;

(b)	in Italy, areas planted with vines in the following regions: Calabria, Basilicata, Apulia, Sardinia and Sicily, including the islands belonging to those regions, such as Pantelleria and the Lipari, Egadi and Pelagian islands;

(c)	in Greece, areas planted with vines not listed in paragraph 5(a);

(d)	in Spain: areas planted with vines not included in paragraphs 3(c) or 4(c);

(e)	in Portugal, areas planted with vines in the regions not included in paragraph 3(d);

(f)	in Cyprus, areas planted with vines located at altitudes not exceeding 600 metres;

(g)	in Malta, areas planted with vines.

The demarcation of the territories covered by the administrative units referred to in this Annex is that resulting from the national provisions in force on 15 December 1981 and, for Spain, from the national provisions in force on 1 March 1986 and, for Portugal, from the national provisions in force on 1 March 1998.