Commission regulation (EC) No 607/2009 (repealed)Show full title

Article 63 Specific rules on wine grape varieties and vintage years for wines without protected designation of origin or geographical indication.

1. Member States shall designate the competent authority or authorities responsible for ensuring certification as provided for in Article 60(2)(a) of Regulation (EC) No 479/2008, in accordance with the criteria laid down in Article 4 of Regulation (EC) No 882/2004 of the European Parliament and of the Council(1).

2. Certification of wine, at any stage of the production, including during the conditioning of the wine, shall be ensured either by:

(a) the competent authority or authorities referred to in paragraph 1; or,

(b) one or more control bodies within the meaning of point 5 of the second subparagraph of Article 2 of Regulation (EC) No 882/2004 operating as a product certification body in accordance with the criteria laid down in Article 5 of that Regulation.

The authority or authorities referred to in paragraph 1 shall offer adequate guarantees of objectivity and impartiality, and have at their disposal the qualified staff and resources needed to carry out their tasks.

The certification bodies referred to in point (b) of the first subparagraph 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).

The costs of the certification shall be borne by the operators subject to it.

3. The Certification procedure as provided for in Article 60(2)(a) of Regulation (EC) No 479/2008 shall ensure administrative evidence to support the veracity of the wine grape variety(-ies) or the vintage year shown on the label of the wine(s) concerned.

In addition, producing Member States may decide on:

(a) an organoleptic test of the wine relating to the odour and the taste with the view to verifying that the essential characteristic of the wine is due to the wine grape variety(-ies) used may be carried out and shall concern anonymous samples;

(b) an analytical test in case of a wine made from a single wine grape variety.

The certification procedure shall be carried out by competent authority(-ies) or control body(-ies) as referred to in paragraphs 1 and 2 in the Member State in which production took place.

The certification shall be carried out either through:

(a) random checks based on a risk analysis;

(b) sampling; or

(c) systematically.

In the case of random checks, they shall be based on a control plan pre-established by the authority(-ies) covering different stages of production of the product. The control plan shall be known by the operators. Member States shall select randomly the minimum number of operators to be subjected to this check.

In the case of sampling, Member States shall ensure that by their number, nature and frequency controls, they are representative of the whole of their territory and correspond to the volume of wine-sector products marketed or held with a view to their marketing.

Random checks may be combined with sampling.

4. As regards Article 60(2)(a) of Regulation (EC) No 479/2008, producing Member States shall ensure that producers of the wines in question are approved by the Member State where the production takes place.

5. As regards control, including traceability, producing Member States shall ensure that Title V of Regulation (EC) No 555/2008 and Regulation (EC) No 606/2009 apply.

6. In case of a trans-border wine as referred to in Article 60(2)(c) of Regulation (EC) No 479/2008, certification can be carried out by either one of the authority(-ies) of the Member States concerned.

7. For wines produced in accordance with Article 60(2) of Regulation (EC) No 479/2008, Member States may decide to use the terms ‘varietal wine’ supplemented by the name(s) of:

(a) the Member State(s) concerned;

(b) the wine grape variety(-ies).

For wines without protected designation of origin, protected geographical indication or geographical indication produced in third countries which bear on labels the name of one or more wine grape varieties or the vintage year, third countries may decide to use the terms ‘varietal wine’ supplemented by the name(s) of the third country(ies) concerned.

In the case of the indication of the name(s) of the Member State(s) or third country(ies), Article 55 of this Regulation shall not apply.

8. Paragraphs 1 to 6 shall apply for products produced from grapes harvested as from and including 2009.

(1)

OJ L 165, 30.4.2004, p. 1.