Commission Implementing Regulation (EU) No 203/2012Show full title

Article 1 U.K.

Regulation (EC) No 889/2008 is amended as follows:

(1)

Title II is amended as follows:

(a)

in Article 27(1), the introductory phrase is replaced by the following:

‘For the purposes of Article 19(2)(b) of Regulation (EC) No 834/2007, only the following substances can be used in the processing of organic food, with the exception of products of the wine sector, for which the provisions of Chapter 3a shall apply:’;

(b)

a new Chapter 3a is inserted:

‘CHAPTER 3a U.K. Specific rules for the making of wine

Article 29b Scope

1. This Chapter lays down specific rules for the organic production of the products of the wine sector as referred to in Article 1(1)(l) of Council Regulation (EC) No 1234/2007(1).

2. Commission Regulations (EC) No 606/2009(2) and (EC) No 607/2009(3) shall apply, save as explicitly provided otherwise in this Chapter.

Article 29c Use of certain products and substances

1. For the purposes of Article 19(2)(a) of Regulation (EC) No 834/2007, products of the wine sector shall be produced from organic raw material.

2. For the purposes of Article 19(2)(b) of Regulation (EC) No 834/2007, only products and substances listed in Annex VIIIa to this Regulation can be used for the making of products of the wine sector, including during the processes and oenological practices, subject to the conditions and restrictions laid down in Regulation (EC) No 1234/2007 and Regulation (EC) No 606/2009 and in particular in Annex I A to that Regulation.

3. Products and substances listed in Annex VIIIa to this Regulation and marked with an asterisk, derived from organic raw material, shall be used if available.

Article 29d Oenological practices and restrictions

1. Without prejudice to Article 29c and to specific prohibitions and restrictions provided for in paragraphs 2 to 5 of this Article, only oenological practices, processes and treatments, including the restrictions provided for in Article 120c and 120d of Regulation (EC) No 1234/2007 and in Articles 3, 5 to 9 and 11 to 14 of Regulation (EC) No 606/2009 and in their Annexes, used before 1 August 2010 are permitted.

2. The use of the following oenological practices, processes and treatments is prohibited:

(a) partial concentration through cooling according to point (c) of Section B.1 of Annex XVa to Regulation (EC) No 1234/2007;

(b) elimination of sulphur dioxide by physical processes according to point 8 of Annex I A to Regulation (EC) No 606/2009;

(c) electrodialysis treatment to ensure the tartaric stabilisation of the wine according to point 36 of Annex I A to Regulation (EC) No 606/2009;

(d) partial dealcoholisation of wine according to point 40 of Annex I A to Regulation (EC) No 606/2009;

(e) treatment with cation exchangers to ensure the tartaric stabilisation of the wine according to point 43 of Annex I A to Regulation (EC) No 606/2009.

3. The use of the following oenological practices, processes and treatments is permitted under the following conditions:

(a) for heat treatments according to point 2 of Annex I A to Regulation (EC) No 606/2009, the temperature shall not exceed 70 °C;

(b) for centrifuging and filtration with or without an inert filtering agent according to point 3 of Annex I A to Regulation (EC) No 606/2009, the size of the pores shall be not smaller than 0,2 micrometer.

4. The use of the following oenological practices, processes and treatments shall be re-examined by the Commission before 1 August 2015 with a view to phase out or to further restrict those practices:

(a) heat treatments as referred to in point 2 of Annex I A to Regulation (EC) No 606/2009;

(b) use of ion exchange resins as referred to in point 20 of Annex I A to Regulation (EC) No 606/2009;

(c) reverse osmosis according to point (b) of Section B.1 of Annex XVa to Regulation (EC) No 1234/2007.

5. Any amendment introduced after 1 August 2010, as regards the oenological practice, processes and treatments provided for in Regulation (EC) No 1234/2007 or Regulation (EC) No 606/2009, may be applicable in the organic production of wine only after the adoption of the measures necessary for the implementation of the production rules provided for in Article 19(3) of Regulation (EC) No 834/2007 and, if required, an evaluation process according to Article 21 of that Regulation.’;

(c)

Article 47 is amended as follows:

(i)

in the first paragraph, the following point (e) is added:

‘(e)

the use of sulphur dioxide up to the maximum content to be fixed in accordance with the Annex I B to Regulation (EC) No 606/2009 if the exceptional climatic conditions of a given harvest year deteriorate the sanitary status of organic grapes in a specific geographical area because of severe bacterial attacks or fungal attacks, which oblige the winemaker to use more sulphur dioxide than in previous years to obtain a comparable final product.’;

(ii)

the second paragraph is replaced by the following:

‘Upon approval by the competent authority, the individual operators shall keep documentary evidence of the use of the above exceptions. Member States shall inform each other and the Commission on the exceptions they have granted under points (c) and (e) of the first paragraph.’;

(2)

Title V is amended as follows:

(a)

in Article 94(1), the following point (d) is added:

‘(d)

within one month from their approval, the exceptions granted by the Member States under points (c) and (e) of the first paragraph of Article 47.’;

(b)

in Article 95, paragraph 10a is replaced by the following:

‘10a. As regards products of the wine sector, the transitional period referred to in paragraph 8 shall expire on 31 July 2012.

Stocks of wines produced until 31 July 2012 in accordance with either Regulation (EEC) No 2092/91 or Regulation (EC) No 834/2007 may continue to be brought on the market until stocks are exhausted, and subject to the following labelling requirements:

(a) the Community organic production logo as referred to in Article 25(1) of Regulation (EC) No 834/2007, called from 1 July 2010 the “Organic logo of the EU” may be used provided that the wine-making process complies with Chapter 3a of Title II of this Regulation;

(b) operators using “Organic logo of the EU” shall keep recorded evidence, for a period of at least five years after they placed on the market that wine obtained from organic grapes, including of the corresponding quantities of wine in litres, per wine category and per year;

(c) where the evidence referred to in point (b) of this paragraph is not available, such wine may be labelled as “wine made from organic grapes”, provided that it complies with the requirements of this Regulation except those provided for in Chapter 3a of Title II thereof;

(d) wine labelled as “wine made from organic grapes” cannot bear the “Organic logo of the EU”.’;

(3)

a new Annex VIIIa is inserted, the text of which is set out in the Annex to this Regulation.

(1)

OJ L 299, 16.11.2007, p. 1.

(2)

OJ L 193, 24.7.2009, p. 1.

(3)

OJ L 193, 24.7.2009, p. 60.’;