ext/celex/31977R1678

No L 187/ 10 Official Journal of the European Communities 27 . 7. 77

COUNCIL REGULATION (EEC) No 1678 /77

of 19 July 1977

supplementing Regulation (EEC) No 816/70 by introducing new provisions relating to oenological practices and processes

THE COUNCIL OF THE EUROPEAN 'Article 26b COMMUNITIES, 1 . The volatile acid content may not exceed : Having regard to the Treaty establishing the European — 18 milliequivalents for partially fermented Economic Community, and in particular Article 43 thereof, grape must,

— 18 milliequivalents for white wines, Having regard to the proposal from the Commission, — 20 milliequivalents for red wines. Having regard to the opinion of the European Parlia ­ ment ( 1 ), 2. The levels referred to in paragraph 1 shall apply : Having regard to the opinion of the Economic and Social Committee (2), — to products produced from grapes harvested within the Community, at the production stage Whereas Title IV of Council Regulation (EEC) No and at all stages of marketing, 816/70 of 28 April 1970 laying down additional provi ­ sions for the common organization of the market in — to partially fermented grape must and wines originating in third countries, at all stages wine (3), as last amended by Regulation (EEC) No 1 677/77 (4), lays down rules relating to certain oenolog ­ following their entry into the geographical ical processes ; territory of the Community.

Whereas, in order to improve the functioning of the 3. Provision may be made for exceptions to common organization of the market in wine and thus paragraph 1 as regards : facilitate the free circulation of wines in the Commu ­ nity, whether they originate in Member States or non ­ (a) certain quality wines psr and certain table member countries, it is essential to draw up additional wines designated pursuant to Article 30 (2) common rules consisting, in particular, in defining on when they : a Community level the oenological practices and — have matured over a period of at least two processes which, for the majority of the products, are years, or the only ones authorized ; whereas, in order to — have been produced according to particular guarantee a certain quality level, it should be laid methods ; down that these practices and processes can only be used for the purpose of ensuring proper vinification (b) wines with a total alcoholic strength of at least and/or preservation ; whereas the Member States 13 should be allowed to authorize for experimental purposes for a determined period certain oenological 4. The detailed rules for the application of this practices and processes not laid down in this Regula ­ Article, and in particular the exceptions referred to tion ; in paragraph 3, shall be adopted in accordance Whereas, in order to ease the transition to the new with the procedure laid down in Article 7 of Regu ­ lation No 24.' system laid down by this Regulation, transitional provi ­ sions should be laid down and the possibility of transi ­ tional measures provided for, Article 2

HAS ADOPTED THIS REGULATION : The following Article shall be added to Regulation (EEC) No 816/70 :

Article 1 Article 26c

The following Article shall be added to Regulation 1 . Only those oenological practices and ( EEC) No 816/70 : processes referred to in this Regulation, and in particular in Annex Ila or in other Community (') OJ No C 23, 8 . 3 . 1974, p. 33 . rules applicable to the wine sector, shall be author ­ (2) OJ No C 101 , 23 . 11 . 1973, p. 1 . (3 ) OJ No L 99, 5 . 5 . 1970 , p. 1 . ized for the products defined under points 1 to 4, (4) See page 6 of this Official Journal . 7 to 10 and 12 of Annex II and for concentrated

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grape must and sparkling wines as defined in where the practice was allowed as at 1 September Article 2 of Council Regulation (EEC) No 948/70 1977, provided that the products obtained are not of 26 May 1970 defining certain products falling sent out of the Member States concerned. within heading Nos 20.07, 22.04 and 22.05 of the Common Customs Tariff and originating in third The use of silver chloride, as referred to in point 2 countries (*), as last amended by Regulation (EEC) (w) of Annex Ha, for the purpose of eliminating No 681 /75 (2). defects in the taste or smell of wine, shall be authorized until 31 August 1979 in Member States The practices and processes referred to in the first where the practice was allowed as at 1 September subparagraph may only be applied for the purpose 1977, provided that the products obtained are not of ensuring proper vinification and/or preservation sent out of the Member States concerned . of the products concerned ; in particular, blending or coupage shall be prohibited : Member States may authorize the use of copper sulphate, as referred to in point 2 (x) of Annex IIa, — of table wines with each other, or for the purpose of eliminating defects in the taste — of wines suitable for producing table wines or smell of wine in production regions where with each other or with table wines, or copper sulphate has not been used for the treat ­ ment of the vines . — of quality wines psr with each other, or

— of imported wines with each other, The use of silver chloride and copper sulphate for if one of the ingredients does not comply with the one and the same wine shall be prohibited. requirements of this Regulation or with those adopted pursuant to this Regulation. 4. Except as otherwise provided for by the Council, acting on a proposal from the Commis ­ The purity and identification specifications, for the sion in accordance with the voting procedure laid oenological substances referred to in Annex IIa, down in Article 43 (2) of the Treaty, the addition shall be those laid down by the relevant provision of water to the products referred to in Article 1 of Community law or, failing this, those specifica ­ shall be prohibited. However, the dissolving of tions which are in conformity with national law. certain oenological substances in water shall be tolerated if it is an essential condition of their use . 2. By way of derogation from the first subpara ­ graph of paragraph 1 Member States may, in 5. The Council, acting on a proposal from the respect of the oenological practices and processes Commission in accordance with the voting proce ­ referred to in Annex IIa, impose stricter condi ­ dure laid down in Article 43 (2) of the Treaty, may tions to ensure the preservation of the essential restrict or prohibit the use of the oenological prac ­ characteristics of quality wines psr and table wines tices and processes referred to in Annex IIa in designated pursuant to Article 30 (2), produced in respect of the products referred to in paragraph 1 . their territory.

6. The following shall be adopted in accordance Member States shall notify the Commission of the with the procedure laid down in Article 7 of Regu ­ provisions adopted pursuant to the first subpara ­ lation No 24 : graph .

— detailed rules on the comparability of certain The Commission shall take the necessary steps to oenological practices and processes employed bring such provisions to the attention of the other in third countries with those specified in Member States . Annex IIa,

3 . The use of oenocyanin , as referred to in — the other detailed rules for the application of this Article .' point 2 (t) of Annex IIa, for the purpose of obtaining the correct colouring of red wines only, shall be authorized until 31 August 1980 solely in respect of producers and in wine regions where Article 3 s such use is customary or exceptional , in accor ­ dance with the laws in force on 1 June 1970 . The following Article shall be added to Regulation ( EEC) No 816/70 : The use of sodium-based cation exchange resins, 'Article 26d as referred to in point 2 (u) of Annex IIa, for the purpose of preventing precipitating of excess calcium when the wine is marketed, shall be 1 . For experimental purposes, each Member State may authorize, for a maximum period of authorized until 31 August 1980 in Member States three years, the use of certain oenological practices or processes not provided for in this Regulation, (!) OJ No L 114, 27 . 5 . 1970, p . 6 . on condition that : (*) OJ No L 72, 20 . 3 . 1975, p . 48 .

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— the quantities to which any practices or (d) use of carbon dioxide or nitrogen either processes apply do not exceed a maximum of alone or combined so as to create an inert SO 000 hectolitres per annum for any one expe ­ atmosphere ; riment, (e) use of yeasts for wine production ; — the products obtained are not sent outside the (f) addition of diammonium phosphate or of Member State on whose territory the experi ­ ammonium sulphate up to 0-3 g/1 respec ­ ment was conducted . tively and of thiamin up to 0-6 mg/1, to encourage the growth of yeasts ; 2. Before the expiry of the period referred to in paragraph 1 , the Member State concerned shall (g) use of sulphur dioxide or potassium metabi ­ send the Commission a report on the experiment sulphite which may also be called potas ­ authorized. The Commission shall notify the other sium disulphite or potassium pyrosulphite ; Member States of the results of the experiment. (h) elimination of sulphur dioxide by physical Depending on these results, the Member State processes ; concerned may submit to the Commission a request for authorization to continue the experi ­ (i) treatment of white must and new white wines still in fermentation with charcoal for ment, possibly with a larger quantity than in the initial experiment, for a further maximum period oenological use, up to a maximum of 100 g of three years. The Member State concerned shall of dry product per hectolitre ;

forward the appropriate documentation in support (j) clarification by means of one or more of the of its request. following substances for oenological use :

3. The Commission, acting in accordance with — edible gelatines, — isinglass, the procedure laid down in Article 7 of Regulation No 24, shall take a decision on the request — casein and potassium caseinate, referred to in paragraph 2. At the same time it — animal albumin (egg albumin and dried blood powder), may decide that the experiment may be carried out under the same conditions in other Member — bentonite , States . — silicon dioxide as a gel or colloidal solu ­ tion, 4. After gathering all the information on the — kaolin , experiment the Commission may, at the end of — tannin, the period referred to in paragraph 1 and, where — pectinolytic enzymes ; applicable, at the end of the period referred to in (k) use of sorbic acid ; paragraph 2, submit to the Council a proposal for definitive authorization of the oenological practice (1) use of tartaric acid for acidification purposes under the conditions laid down in Articles or process covered by the experiment. In that case, the Council shall act in accordance with the 20 ( 1 ), (2) and 22 ;

voting procedure laid down in Article 43 (2) of the (m) use of one of the following substances for Treaty. deacidification purposes under the condi ­ tions laid down in Articles 20 ( 1 ) and 22 : 5. The detailed rules for the application of this Article shall, if necessary, be adopted in accor ­ — neutral potassium tartrate, dance with the procedure laid down in Article 7 of — potassium bicarbonate, Regulation No 24.' — calcium carbonate , which may contain small quantities of the double calcium Article 4 salt of L ( + ) tartaric and L (—) malic acids . The following Annex shall be added to Regulation (EEC) No 816/70 : 2. Processes and oenological practices which may ' ANNEX Ha be applied to partially fermented grape must intended for direct human consumption in its 1 . Oenological practices and processes which may natural state, wine suitable for producing table be applied to fresh grapes, grape must, partially wine, table wine, sparkling wine : fermented grape must, concentrated grape must and new wine still in fermentation : (a) use in dry wines, and in quantities "not exceeding 5 % of fresh lees which are (a) aeration ; sound and undiluted and contain yeasts (b) thermal treatment ; resulting from the recent vinification of dry (c) centrifuging and filtration, with or without wines ; an added inert filtering agent on condition (b) aeration ; that no undesirable residue is left in the product so treated ; (c) thermal treatment ;

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(d) centrifuging and filtration, with or without (u) use of sodium-based cation exchange resins an added inert filtering agent on condition under the conditions referred to in Article that no undesirable residue is left in the 26c (3); product so treated ; (v) use of discs of pure paraffin impregnated with allyl isothiocyanate to create a sterile (e) use of carbon dioxide or nitrogen, either alone or combined, to create an inert atmos ­ atmosphere, solely in Member States where it is traditional and in so far as it is not phere. The carbon dioxide content of wine forbidden by national law, provided that preserved in this way may not exceed 2 g/1 ; they are used only in containers holding more than 20 litres and that there is no (f) addition of carbon dioxide, provided that the carbon dioxide content of wine so trace of allyl isothiocyanate in the wine ; treated does not exceed 2 g/1 ; (w) treatment by silver chloride under the condi ­ tions laid down in Article 26c (3) provided (g) use, as laid down in Community rules, of that the silver content of the product so sulphur dioxide or potassium metabisul ­ treated is not more than 01 mg/1 ; phite which may also be called potassium disulphite or potassium pyrosulphite ; (x) treatment by up to 20 mg/1 of copper sulphate under the conditions laid down in (h) addition of sorbic acid or potassium sorbate Article 26c (3) and provided that the copper expressed as sorbic acid, provided that the content of the product so treated is not final content of the treated product on its more than 1 mg/1 .' release to the market for direct human consumption does not exceed 200 mg/1 ;

(i) addition of up to 1 50 mg/1 of L (—) Article 5 ascorbic acid ;

(j) addition of citric acid for wine stabilization In Article 39 of Regulation (EEC) No 816/70 'of purposes, provided that the final content in Annexes I and II' shall be replaced by 'of Annexes I, II and IIa\ the treated wine does not exceed 1 g/1 ;

(m) clarification by means of one or more of the following substances for oenological Article 6 use :

— edible gelatines, The transitional measures necessary to facilitate the — isinglass, changeover to the arrangements provided for in this — casein and potassium caseinate, Regulation, in particular regarding the products — animal albumin (egg albumin and dried referred to in Article 1 of Regulation (EEC) No blood powder), 816/70 which, whether imported or not, are of the — bentonite, 1977 harvest and of previous harvests, shall be — silicon dioxide as a gel or colloidal solu ­ adopted in accordance with the procedure laid down tion , in Article 7 of Regulation No 24. — kaolin ;

(n) addition of tannin ; Article 7 (o) treatment of white wines with charcoal for oenological use, up to 100 mg/1 ; This Regulation shall enter into force on the third day (p) treatment with potassium ferrocyanide following its publication in the Official Journal of under conditions to be laid down ; the European Communities.

(q) addition of up to 100 mg/1 of metatartaric It shall apply from 1 September 1978 with the excep ­ acid ; tion of the provisions thereof introducing into Regula ­ tion ( EEC) No 816/70 : (r) use of acacia ;

(s) use of DL tartaric acid, under conditions to — Article 26c (3), and be laid down, for precipitating excess — Annex IIa (2), in so far as Article 26c (3) refers calcium ; thereto,

(t) use of oenocyanin under the conditions laid down in Article 26c (3) ; which shall apply from 1 September 1977.

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

Done at Brussels, 19 July 1977.

For the Council

The President

A. HUMBLET