31985R3307

29 . 11 . 85 No L 320 / 1 Official Journal of the European Communities

I

(Acts whose publication is obligatory)

COUNCIL REGULATION ( EEC ) No 3307 / 85

of 18 November 1985

amending Regulation ( EEC ) No 337 / 79 on the common organization of the market in wine

THE COUNCIL OF THE EUROPEAN COMMUNITIES , of products upstream of wine has proved to be insufficient and , on the other hand , acidification of wine to a greater extent in order to give the winemaker more flexibility ; Having regard to the Treaty establishing the European Economic Community , and in particular Article 43 Whereas , with the aim of facilitating the checking of the thereof, observance of Community provisions with respect to oenological practices , authorization should be given for Having regard to the proposal from the Commission ('), enriching products in the wine sector with a view to producing a beverage intended for direct human consumption , only in the winegrowing zone where the fresh Having regard to the opinion of the European grapes used were harvested ; whereas , for the same reasons , Parliament ( 2 ), the concentration of table wine should be restricted to the wine growing zone where the fresh grapes used were Having regard to the opinion of the Economic and Social harvested ; whereas amendments concerning acidification Committee ( 3 ), and deacidification require an adaptation to the rules laying down the time limits for carrying out these operations ; whereas the producers' obligations should also be stipulated Whereas taking into account the progress made in wine with respect to entries in the documents accompanying the technology and in a wish to strengthen , in the interests of the transport ; consumer , requirements for the use of certain oenological practices , it has proved necessary to make various Whereas technical developments in the treatment of lees have adaptations to Council Regulation ( EEC ) No 337 / 79 ( 4 ), as enabled certain problems of cellarage techniques to be last amended by Regulation ( EEC ) No 798 / 85 ( s ); resolved and the provision of conditions responding better to helath requirements ; whereas these new techniques may be Whereas , in order not to penalize economically producers authorized ; whereas , however , these techniques may not be growing varieties which are authorized temporarily , the time applied in a manner incompatible with striving to obtain a limit for eliminating these varieties should be changed ; product of suitable quality , to the extent that , in any case compulsory distillation under Article 39 of Regulation ( EEC ) No 337 / 79 concerns only a very small volume , and this Whereas experience shows that in certain zones of ensures that the measure will have the intended effect ; production the acidification of wine is often a necessity ; whereas therefore such acidification should be authorized Whereas the maximum sulphur dioxide levels for wines subject to certain conditions ; whereas moreover , as intended for direct human consumption other than sparkling additional acidification pursuant to Article 34 ( 2 ) of and liqueur wines were fixed by Article 44 of Regulation Regulation ( EEC ) No 337 / 79 has to be carried out rapidly ( EEC ) No 337 / 79 ; during the harvest , responsibility for the decision to have recourse to it should be transferred to the Member States , Whereas , pursuant to the abovementioned Article , the subject to the relevant conditions ; wrhereas it is moreover Council asked the Commission to draw up a report on appropriate to permit , on the one hand , deacidification of scientific knowledge and technological development in wines in order to correct the acidity level if the deacidification respect of the use of sulphur dioxide in oenology ;

H OJ No C 206 , 14 . 8 . 1981 , p . 4 ; OJ No C 18 , 23 . 1 . 1982 , p . 4 ; Whereas this report shows that a reduction in the said OJ No C 62 , 5 . 3 . 1984 , p . 29 . maximum levels is compatible with present-day oenological ( 2 ) OJ No C 327 , 14 . 12 . 1981 , p . 114 ; OJ No C 104 , 16 . 4 . 1984 , knowledge and technological progress in respect of the p . 96 . majority of wine types ; whereas , it is moreover desirable to ( 3 ) OJ No C 310 , 30 . 11 . 1981 , p . 9 ; OJ No C 103 , 16 . 4 . 1984 , p . 21 . limit the use of all food additives to the minimum necessary ; ( 4 ) OJ No L 54 , 5 . 3 . 1979 , p. 1 . whereas a reduction in maximum total sulphur dioxide levels ( s ) OJ No L 89 , 29 . 3 . 1985 , p. 1 . of 15 milligrams per litre should therefore be introduced for

No L 320 / 2 29 . 11 . 85 Official Journal of the European Communities

all wines with the exception of certain wines with special 3 . Article 34 shall be replaced by the following: characteristics and of sparkling wines , the latter products being subject to corresponding measures under Regulation 'Article 34 ( EEC ) No 3310 / 85 I 1 ); 1 . Fresh grapes , grape must , grape must in fermentation , new wine still in fermentation and wine Whereas Article 51 of Regulation ( EEC ) No 337 / 79 lays may be subject to : down the principle that products which have undergone oenological practices not allowed in the Community may not — partial deacidification in wine-growing zones A , B , be offered or disposed of for direct human consumption ; C I ( a ) and C I ( b );

— acidification and deacidification in wine-growing Whereas systematic exclusion from disposal for con­ zones C II and C III ( a ), without prejudice to the sumption is justified only in cases where the quality of the provisions of paragraph 3 ;

wine is in jeopardy or where the consumer's health is a risk ; — acidification in wine-growing zone C III ( b ). whereas provision should , however , be made for the adoption of appropriate measures in other cases ; Acidification of products other than the wine referred to in the first subparagraph may only be carried out up to a limit of 1,50 g / 1 expressed in tartaric acid , or 20 Whereas after a period of rapid change in technology and in milliequivalents per litre . methods of analysis , enough is now known about rectified Acidification of wines may only be carried out up to a concentrated must for it to be defined more closely ; whereas , limit of 2,50 g / 1 expressed in tartaric acid , or 33,3 in addition , provision should be made for the possibility for millieuquivalents per litre . the Council , acting on a proposal from the Commission by a qualified majority , to amend , if necessary , the definition of Deacidification of wines may only be carried out up to a the product in question on the basis of the development of the limit of 1 g / 1 expressed in tartaric acid , or 13,3 abovementioned knowledge ; milliequivalents per litre .

Moreover , grape must intended for concentration may Whereas in order to ensure the development of consumption be the subject of partial deacidification . of semisparkling wines and aerated semi-sparkling wines in new forms of distribution , marketing of those wines should 2 . In years when climatic conditions have been be authorized in containers holding not more than 60 exceptional , Member States may authorize litres . acidification of the products referred to in paragraph 1 in wine-growing zones C I ( a ) and C I ( b ), under the conditions referred to in paragraph 1 as regards zones C II , C III ( a ) and C III ( b );

HAS ADOPTED THIS REGULATION : 3 . Acidification and enrichment , except by way of derogation to be decided case by case , and acidification Article 1 and deacidification of one and the same product shall be mutually exclusive processes .

Regulation ( EEC ) No 337 / 79 shall be amended as 4 . The derogations referred to in paragraph 3 and follows : other detailed rules for the application of this Article shall be adopted in accordance with the procedure laid 1 . Article 1 ( 4 ) ( c ) shall be replaced by the following : down in Article 67 .';

'(c) Definitions of the products set out in the second 4 . Article 36 shall be amended as follows : indent of ( b ) originating in third countries , with the exception of table wine and wine suitable for yielding table wine and any amendment to the ( a ) the first subparagraph shall be replaced by the definition of rectified concentrated grape must following : referred to in Annex II point 5a , shall be adopted '1 . None of the processes referred to in Articles by the Council , acting by a qualified majority on a 33 and 34 , with the exception of the acidification proposal from the Commission .' and deacidification of wines , shall be authorized unless carried out as a single operation at the time when the fresh grapes , grape must , partially 2 . Article 31 ( 3 ) ( b ) shall be replaced by the following : fermented grape must or new wine still in fermentation are being turned into wine suitable '( b ) vine varieties classified as temporarily authorized for yielding table wine , into table wine , or into any after 31 December 1976 , must be completed other beverage intended for direct human within twenty five years from the date on which consumption referred to in Article 1 ( 2 ) other than the variety was thus classified .'; sparkling wine or aerated sparkling wine , in the wine-growing zone where the fresh grapes used (') See page 19 of this Official Journal . were harvested .

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The same shall apply to the concentration , groups referred to in paragraph 4 , having made acidification and deacidification of wine suitable wine shall be required to deliver for distillation all for yielding table wines . the by-products of the winemaking and , if necessary , wine from his or their own The concentration of table wines must take place production . in the wine-growing zone where the fresh grapes used were harvested . The quantity of alcohol contained in the products delivered for distillation shall be at least equal to a Acidification and deacidification of wines may percentage to be determined of the volume of take place only in the wine making undertaking alcohol contained in the wine produced . The and in the wine-growing zone where the grapes assessment of that volume shall be made on the used to produce the wine in question were basis of a standard natural minimum alcoholic harvested . strength by volume laid down for each Each of the processes referred to in the first wine-growing year in each wine-growing zone .'; subparagraph must be notified to the competent authorities . The same shall apply in respect of the ( c ) the following shall be added to paragraph 3 : quantities of sucrose or concentrated grape must or 'Grape marc and wine lees delivered for distillation rectified concentrated grape must held in the must meet certain minimum standards to be exercise of their profession by natural or legal determined . Where the standards are not met , the persons or groups of persons , in particular marc and lees shall , by way of derogation from the producers , bottlers , processors and merchants to first subparagraph , be disposed of by delivery to a be determined , at the same time and in the same processing establishment other than a distillery or place as fresh grapes , grape must , grape must in by destruction under supervision .'; fermentation or wine in bulk . The notification of these quantities may , however , be replaced by ( d ) paragraph 8 shall be replaced by the following : entry in a goods inwards and stock utilization register . '8 . The amount of aid , the prices and the proportion of expenditure referred to in paragraph Each of the processes referred to in Article 34 must 7 shall be fixed in accordance with the procedure be recorded on the document referred to in Article laid down in Article 67 . 53 under cover of which the products having undergone the processes are put into Detailed rules for the application of this Article , circulation .'; the standard natural alcoholic strength by volume referred to in paragraph 2 and the minimum ( b ) Paragraph 2 shall be replaced by the following: standards to be met by marc and lees referred to in paragraph 3 shall be adopted in accordance with ' 2 . Those processes may , subject to derogation the same procedure .'; justified by exceptional climatic conditions , only be carried out :

6 . Article 44 shall be amended as follows : — before 1 January , in wine-growing zones C ,

— before 16 March , in wine-growing zones A ( a ) Paragraph 1 ( a ) and ( b ) shall be replaced by the and B , following :

and only for products of the wine harvest '( a ) 160 milligrams per litre for red wines ; immediately preceding those dates . ( b ) 210 milligrams per litre for white and rose However , concentration by cooling and wines'; acidification and deacidification of wines may be practised throughout the year ,'; ( b ) Paragraph 2 ( a ) shall be replaced by the following :

5 . Article 39 shall be amended as follows : '( a ) 210 milligrams per litre for red wines ; 260 milligrams per litre for white and rose wines ;'; ( a ) in paragraph 1 , the following subparagraph shall be inserted after the first subparagraph : ( c ) In paragraph 4 , the figure 25 shall be replaced by 'Filtering and centrifuging of wine lees shall not be the figure 40 ; considered as pressing where , firstly , the products obtained are of sound , genuine and merchantable ( d ) Paragraph 5 shall be replaced by the following : quality and , secondly , the lees are not reduced to ' 5 . The Commission shall submit to the the dry state .'; Council before 1 April 1990 , in the light of the experience acquired , a report on the maximum ( b ) in paragraph 2 the first and second subparagraphs sulphur dioxide levels in wine , accompanied , shall be replaced by the following : where appropriate , by proposals on which the ' 2 . Any natural or legal person or group of Council shall act by a qualified majority before persons , with the exception of the persons and 1 September 1990 .';

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( e ; Paragraph 6 shall be replaced by the following : Member States may authorize the use , as referred to in point 2 (x) of Annex III , of copper sulphate '6 . Detailed rules for the application of this for the purpose of eliminating defects in the taste or Article , the decision referred to in paragraph 4 , and smell of wine in production regions where copper transitional measures concerning wines originating sulphate has not been used for the treatment of the in the Community produced before 1 September vines . 1986 and imported wines shall be adopted in accordance with the procedure laid down in Article The use of silver chloride and copper sulphate for 67 .'; one and the same wine shall be prohibited .';

( b ) the following indent shall be inserted in paragraph 6 after the first indent : 7 . Article 46 shall be amended as follows :

'— the conditions under which Member States ( a ) Paragraph 3 shall be replaced by the following : may permit in respect of wine produced on their territory the use , until a date to be fixed , '3 . The use of calcium tartrate or tartaric acid is of malic acid for acidification purposes ,'; referred to in Annex III ( 1 ) ( m ) and ( 2 ) ( 1 ) for deacidification purposes shall be permitted until 31 August 1990 and , with regard to tartaric acid , 8 . Article 49 ( 2 ) ( b ) shall be replaced by the following: solely in the case of products :

'( b ) where the variety in question has been classified as — made from vine varieties which yield relatively temporarily authorized after 31 December 1976 , acidic grapes , for a period of twenty-five years from the date on and which the variety was so classified .';

— made from grapes harvested in certain wine-growing regions , to be defined , in the 9 . Article 51 shall be amended as follows : northern part of wine-growing zone A.

The use of Aleppo pine resin referred to in Annex ( a ) the first subparagraph of paragraph 1 shall be III ( 1 ) ( n ) shall be allowed only for the purpose of replaced by the following: obtaining a 'retsina' table wine . This oenological practice may be carried out only : ' 1 . Unless otherwise decided by the Council acting by qualified majority on a proposal from the — in the geographical territory of the Hellenic Commission , products falling within headings Republic , 22.04 and 22.05 of the Common Customs Tariff, whether imported or not , which have undergone — on a grape must produced from grapes for oenological practices not allowed by Community which the varieties , the production area and rules or , where such rules do not exist , by national the wine-making area have been determined by rules , may not be offered or disposed of for direct the Greek provisions in force on 31 December 1980 , human consumption .';

( b ) the following subparagraph shall be added to — by adding a quantity of resin equal to or less paragraph 2 : than 1 000 grams per hectolitre of the product used , 'The conditions under which Member States may authorize the holding, circulation and use of — before fermentation or , provided that the products not complying with the provisions of this actual alcoholic strength by volume does not Regulation , other than those referred to in the first exceed one-third of the total alcoholic strength subparagraph of paragraph 1 , or with provisions by volume , during fermentation . adopted pursuant to this Regulation , shall be If the Hellenic Republic intends to amend , after 31 adopted in accordance with the same December 1980 , provisions referred to in the procedure .'; second subparagraph , second indent , it shall inform the Commission accordingly . In this case it may be decided , in accordance with the procedure 10 . Annex II shall be amended as follows : referred to in Article 67 , to change that date . ( a ) Point 5a shall be replaced by the following : In the case of the treatments referred to in paragraph 2 ( p ) of Annex III , Member States may '5a . Rectified concentrated grape must , the liquid decide that calcium phitate is to be used instead of uncaramelized product which : potassium ferrocyanide in all red wines produced — is obtained by partial dehydration of in their territory . grape must carried out by any authorized The use of sodium alginate referred to in Annex III method other than direct heat in such a ( 2 ) ( t ) for the manufacture of certain sparkling way that the figure indicated by a wines shall be permitted until 31 August 1990 . refractometer ( used in accordance with

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the method prescribed in Annex III to ( b ) in points 15 and 16 , the last indent shall be Regulation ( EEC,) No 516 / 77 ) at a replaced by the following : temperature of 20° C is not less than 70,5% ; Member States may , however , '— is put up in containers of not more than 60 allow a different figure for products used litres .'; within their territory , provided it is not lower than 51,9% ; ( c) Point 18 shall be replaced by the following : — has undergone authorized treatment for '1 8 . Wine lees : the residue accumulating in vessels deacidification and elimination of containing wine after fermentation , during constituents other than sugar ; storage or after authorized processing , and — has the following characteristics : the residue obtained from filtering or centrifuging this product . — a pH of not more than 5 , The following shall also be considered as — an optical density at 425 nm for a wine lees : thickness of 1 cm of not more than 0,100 , — the residue accumulating in vessels containing grape must during storage or — a sucrose content undetectable by a after authorized processing ; method of analysis to be definied ,

— an ethanol content of not more than — the residue obtained from filtering or centrifuging this product .'; 0,5 g / kg of total sugars ,

— a total nitrogen content of not more ( d ) Point 19 shall be replaced by the following : than 100 mg / kg of total sugars ,

— a Folin-Ciocalteau index of not more ' 19 . Grape marc: the residue from the pressing of than 400 , fresh grapes , whether or not fermented .';

— a titratable acidity of not more than 1 0 milliequivalents / kg of total sugars , ( e ) In point 21 the maximum volatile acidity of 2,40 g / 1 shall be replaced by 1,50 g / 1 ; — a sulphur dioxide content of not more than 25 mg / kg of total sugars ,

— a sulphate content of not more than 2 11 . Annex III shall be amended as follows : milliequivalents / kg of total sugars ,

— a chloride content of not more than 1 milliequivalents / kg of total sugars , ( a ) Points 1 ( d ) and 2 ( e ) shall be replaced by the following , preceded by '( d )' and '( e )' — a phosphate content of not more than respectively : 1 milliequivalent / kg of total sugars , 'use of carbon dioxide , or argon or nitrogen either — a total cation content of not more alone or combined , in order solely to create an than 8 milliequivalents / kg of total inert atmosphere and to treat the product shielded sugars , from the air ;';

— a conductivity at 25° Brix and 20° C of not more than 50(J,S / cm , ( b ) Point 1 ( f) shall be replaced by the following :

— a hydroxymethylfurfural content of '( f) use of one or more of the following practices not more than 25 mg / kg of total to encourage the growth of yeasts : sugars , — addition of: — is derived exclusively from the vine varieties referred to in Article 49 , — diammonium phosphate or ammo­ — is produced within the Community , nium sulphate up to 0,3 g / 1 ;

— is obtained from grape must having at — ammonium sulphite or ammonium least the minimum natural alcoholic bisulphite up to 0,2 g / 1 ; strength by volume laid down for the wine-growing zone in which the grapes These products may also be used together up were harvested . to a total of 0,3 g / 1 , without prejudice to the abovementioned limit of 0,2 g / 1 ; An actual alcoholic strength of the concentrated rectified grape must of not more than 1 % vol shall — addition of thiamin hydrochloride up to be permissible .'; 0,6 mg / 1 expressed as thiamin ;';

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( c) in point 1 ( j ) and point 2 ( m ) the words in brackets — of malic acid under the conditions in the fourth indent shall be deleted ; adopted pursuant to the second indent of

Article 46 ( 6 );'; ( d ) Points 1 ( m ) and 2 ( 1 ) shall be replaced by the ( g ) The following point 2 ( t ) shall be inserted : following , preceded by '( m )' and '(1 )' respectively : '( t ) use , for the manufacture of sparkling wines obtained by fermentation in bottle and with 'use of one or more of the following substances for the lees separated by disgorging : deacidification purposes under the conditions laid down in Articles 34 and 36 : — of calcium alginate ,

or — neutral potassium tartrate , — of potassium alginate , — potassium bicarbonate, or — calcium carbonate , which may contain small — of sodium alginate under the conditions quantities of the double calcium salt of L( + ) laid down in the fifth subparagraph of tartaric and L ( - ) malic acids , Article 46 ( 3 );';

— calcium tartrate or tartaric acid , under the ( h ) Point 2 ( u ) shall be deleted . conditions laid down in the first subparagraph of Article 46 ( 3 );';

Article 2 ( e ) Point 2 ( b ) shall be replaced by the following: This Regulation shall enter into force on the day of its '( b ) aeration or bubbling using argon or publication in the Official Journal of the European nitrogen ;'; Communities .

( f) Point 2 ( k ) shall be replaced by the following : It shall apply with effect from 1 September 1986 , with the '( k ) the use for acidification purposes under the exception of: conditions referred to in Articles 34 and — points 3,4,7 and 1 1 of Article 1 , which shall apply with 36 : effect from 1 September 1985 . — of tartaric acid , — point 10 ( a ) of Article 1 which shall apply from 1 or September 1987 .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels , 18 November 1985 .

For the Council

The President

M. FISCHBACH