EXPLANATORY MEMORANDUM

1.CONTEXT OF THE DELEGATED ACT

Commission Delegated Regulation (EU) 2019/934 lays down rules concerning wine-growing areas where the alcoholic strength may be increased, authorised oenological practices and restrictions applicable to the production and conservation of grapevine products, the minimum percentage of alcohol for by-products and their disposal, and publication of OIV files. Such rules need to be updated to take account of technical progress, in particular new resolutions adopted by the International Organisation of Vine and Wine (OIV) in 2022 and 2023, and to improve their clarify and coherence where applicable.

2.CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT

Consultations involving experts from the 27 Member States have been carried out since February 2023 within the Group of Experts under the single common organisation of the markets.

During these meetings, the Commission services presented amended versions of the text taking broadly into account the observations and comments made in each of the meetings or sent in writing to the Commission services.

Stakeholders have had the opportunity to assess the various versions of the draft Delegated Regulation since those were uploaded on the Register of Commission expert groups and other similar entities open to the public on the Internet. Comments received on this basis have been included as far as possible.

In addition, the draft Delegated Regulation was posted on the European Commission portal ‘Have your say’ from 25 June to 23 July 2024, to gather the views of citizens and stakeholders.

The draft received feedback from 3 stakeholders from 1 Member State, representing business/companies and business associations. Specific issues were highlighted in the feedback, i.e.:

–request to fill out point 7.8 of Table 2 of Part A of Annex I to the draft Regulation;

–request to align on Regulation (EU) No 1169/2011 the terms used to designate groups of oenological compounds in Table 2 of Part A of Annex I to the draft Regulation;

–request to mention explicitly in the draft Regulation the new maximum content of ascorbic acid in wine (300 mg/l);

–opposition to implementing certain oenological practices under supervision of an oenologist or qualified technician;

–opposition to removing the possibility to apply flotation with CO2.

Those comments call for the following response:

–Glycosidase, as referred to in point 7.8 of Table 2 of Part A of Annex I to the draft Regulation, is being removed from the list of authorised oenological practices. Therefore, its row in Table 2 has to appear empty;

–Although valid, the issue of designation of groups of oenological compounds has not been discussed with the Member States. A possible alignment of the terms used in Delegated Regulation (EU) 2019/934 with those used in Regulation (EU) No 1169/2011 would have to wait for a subsequent amendment to Delegated Regulation (EU) 2019/934;

–It is not considered necessary to specify in the draft Delegated Regulation the maximum content of ascorbic acid in wine, since that amount is indicated in the OIV file 3.4.7 mentioned in row 2.6 of Table 2 of Part A of Annex I to the draft Delegated Regulation;

–Recital (5) explains clearly that this draft Delegated Regulation does not introduce new requirements for supervision by an oenologist or qualified technician. It only makes explicit such requirements when they are not directly visible in the Regulation;

–As regards flotation, the draft Delegated Regulation simply implements a resolution discussed at length by OIV experts and adopted by the OIV in 2022.

Lastly, the draft Regulation was also notified to the WTO partners (TBT and SPS committees) for feedback between 27 June and 26 August 2024. No country provided comments under the TBT agreement. As regards SPS, South Africa was the only country that submitted comments. These challenged the supposed mandatory linkage between OIV recommendations and the EU legislation on oenological practices. In its reply to South Africa, the EU corrected South Africa’s misunderstanding.

Those consultation processes led to a broad consensus on the draft Delegated Regulation.

3.LEGAL ELEMENTS OF THE DELEGATED ACT

This Delegated Regulation contains provisions modifying Delegated Regulation (EU) 2019/934 which supplements certain rules of Regulation (EU) No 1308/2013 that are necessary to ensure the proper functioning of the internal market for grapevine products.

In particular, it includes new oenological practices adopted by the OIV in 2022 and 2023 and amends existing ones in Part A of Annex I to Delegated Regulation (EU) 2019/934.

COMMISSION DELEGATED REGULATION (EU) …/...

of 30.9.2024

amending Delegated Regulation (EU) 2019/934 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards authorised oenological practices

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 1 , and in particular Article 75(2) and Article 80(4) thereof,

Whereas:

(1)Commission Delegated Regulation (EU) 2019/934 2  lays down rules supplementing Regulation (EU) No 1308/2013 concerning wine-growing areas where the alcoholic strength may be increased, authorised oenological practices and restrictions applicable to the production and conservation of grapevine products, the minimum percentage of alcohol for by-products and their disposal, and publication of the International Organisation of Vine and Wine (OIV) files.

(2)Part A of Annex I to Delegated Regulation (EU) 2019/934 sets out the list of authorised oenological practices and restrictions applicable to the production and conservation of grapevine products falling within the scope of Part II of Annex VII to Regulation (EU) No 1308/2013, as referred to in Article 80(1) of that Regulation. Table 1 of Part A of Annex I to Delegated Regulation (EU) 2019/934 lays down the authorised oenological processes and the conditions and limits of their use. Table 2 of that Part lays down the authorised oenological compounds and the conditions and limits of their use. Tables 1 and 2 should be amended to take account of technical progress, in particular in relation to resolutions adopted by the OIV in 2022 and 2023. In addition, some of the information provided in Tables 1 and 2 should be further clarified.

(3)Line item 2 of Table 1 of Part A of Annex I to Delegated Regulation (EU) 2019/934 lays down the conditions of use of heat treatments. It has been pointed out that the term ‘heat treatments’ in column 1 of that line item lacks clarity as it can cover several different treatments. To improve clarity, it is appropriate to insert a footnote under Table 1 to list the broad categories of heat treatments referred to in the OIV files mentioned in column 2 of line item 2. The same issue was raised in relation to cold treatments referred to in column 1 of line item 2a in that Table 1. In a similar way to heat treatments, it is appropriate to insert a footnote under Table 1 to specify the broad categories of cold treatments covered by the OIV files referred to in column 2 of line item 2a.

(4)Resolution OIV-OENO 708-2022 amended the prescriptions of OIV file 2.1.14 concerning flotation by deleting the reference to carbon dioxide and adding the reference to argon. Column 2 of line item 8 of Table 1 and column 3 of line items 8.1, 8.2 and 8.3 of Table 2 of Part A of Annex I to Delegated Regulation (EU) 2019/934 should therefore be amended accordingly.

(5)The implementation of certain oenological practices listed in Part A of Annex I to Delegated Regulation (EU) 2019/934 is to be supervised by an oenologist or a qualified or specialised technician due to their important role in ensuring operator safety, and food safety and quality. This concerns the practices referred to in Table 1, line items 6, 10, 12 to 18, and 20, and in Table 2, line items 6.5, 6.6, 6.9 and 6.12. For certain of those practices, supervision is provided for explicitly in that Delegated Regulation through the relevant Appendices to Annex I, Part A. For other practices, supervision is required through the relevant files of the OIV Code of Oenological Practices and therefore do not appear explicitly in that Delegated Regulation. However, it would be appropriate to make this requirement more transparent. Line items 13, 14, 15, 17, 18 and 20 of Table 1, and line item 6.12 of Table 2, should therefore be amended accordingly.

(6)In 2014, through Resolution OIV-OENO 504-2014, the OIV allowed the treatment of wines by a membrane technology coupled with activated carbon to reduce excess 4-ethylphenol and 4-ethylguaiacol. That treatment is regulated in line item 18 of Table 1 of Part A of Annex I to Delegated Regulation (EU) 2019/934 and in Appendix 10 to that Annex. In 2023, Resolution OIV-OENO 657-2023 broadened the scope of that treatment by permitting the use of adsorbent styrene-divinylbenzene beads in addition to activated carbon and by covering all volatile phenols. Such modifications would help the Union wine producers further correct organoleptic defects of their wine. It is therefore appropriate to introduce them into the Union legislation on oenological practices. Line item 18 of Table 1 of Part A of Annex I to that Delegated Regulation should therefore be amended accordingly. In addition, Appendix 10 to that Part should be deleted as its scope has become more limited than the amended line item 18 of Table 1. However, the requirement for membranes to comply with Union and national legislation laid down in that Appendix should be maintained and transferred to column 2 of line item 18 of Table 1.

(7)Article 9(1) of Delegated Regulation (EU) 2019/934 provides that the purity and identification specifications of substances used in oenological practices are those set out in Commission Regulation (EU) No 231/2012 3 . Where not laid down in that Regulation, the specifications of the International Oenological Codex of the OIV, as referred to in column 4 of Table 2 of Part A of Annex I to Delegated Regulation (EU) 2019/934, apply. Column 4 of Table 2 currently mentions the relevant files of the OIV Codex for all substances listed in that Table, including those covered by Regulation (EU) No 231/2012, thus possibly creating confusion. Therefore, to improve clarity, it is appropriate to delete the file of the OIV Codex from column 4 of Table 2 for the substances whose specifications are to comply with those laid down in Regulation (EU) No 231/2012. This concerns line items 1.1 to 1.6, 1.10, 2.1 to 2.7, 4.1, 4.3, 5.10, 5.16, 5.17, 5.18, 6.1, 6.3, 6.5, 6.7, 6.8, 6.11, 6.13, 8.1 to 8.4 and 11.3.

(8)In accordance with column 7 of line item 2.6 of Table 2 of Part A of Annex I to Delegated Regulation (EU) 2019/934, ascorbic acid may be used at a maximum dose of 250 mg/l for each treatment and its maximum content in wine thus treated and placed on the market is to be 250 mg/l. That maximum dose corresponds to the maximum dose recommended in the OIV files 1.11, 2.2.7 and 3.4.7 referred to in column 3 of that line item 2.6. However, the maximum content in ascorbic acid mentioned in column 7 of that line item is different from that recommend in OIV file 3.4.7, which is 300 mg/l. Given that ascorbic acid can be present naturally in wine or be the result of chemical reactions, a treatment therewith at a dose of 250 mg/l can lead to the presence of up to 300 mg/l in the wine placed on the market. It is therefore appropriate to provide for a maximum content of ascorbic acid in wine of 300 mg/l, as prescribed by the OIV. The conditions of use specified in column 7 of line item 2.6 of Table 2 should therefore be deleted, so that the prescriptions of the OIV files 1.11, 2.2.7 and 3.4.7 apply.

(9)Resolution OIV-OENO 684A-2022 amended the prescriptions of OIV file 3.4.20 concerning the use of selective plant fibres in wine. Resolution OIV-OENO 684B-2022 extended their use to must. Line item 3.2 of Table 2 of Part A of Annex I to Delegated Regulation (EU) 2019/934 should therefore be amended accordingly. 

(10)Column 7 of line item 4.1 of Table 2 of Part A of Annex I to Delegated Regulation (EU) 2019/934 provides that the specifications of microcrystalline cellulose are to comply with those laid down in the Annex to Regulation (EU) No 231/2012. These conditions of use are redundant in connection with Article 9(1) of Delegated Regulation (EU) 2019/934. It is therefore appropriate to delete them.

(11)Diammonium hydrogen phosphate bears the number INS 342 in the International Numbering System for Food Additives. It does not have a corresponding E number in the EU legislation since it was never authorised as food additive under Regulation (EC) No 1333/2008 of the European Parliament and of the Council 4 . The number E 342 was included by error in column 2 of line item 4.2 of Table 2 of Part A of Annex I to Delegated Regulation (EU) 2019/934. It is therefore appropriate to delete it.

(12)Resolution OIV-OENO 633-2019 added the so-called food-grade cellulose to the list of fermentation activators mentioned in OIV file 2.3.2. By establishing specifications for powdered cellulose (E 460(ii)), Resolution OIV-OENO 681-2022 clarified that powdered cellulose and food-grade cellulose are one and the same substance. Given this clarification, it is appropriate to add this substance to the Section on activators for alcoholic and malolactic fermentation in Table 2 of Part A of Annex I to Delegated Regulation (EU) 2019/934.

(13)Resolutions OIV-OENO 675A-2022, OIV-OENO 675B-2022, OIV-OENO 675C-2022 and OIV-OENO 675D-2022 adopted specific monographs for sub-classes of oenological tannins, namely procyanidins/prodelphinidins, ellagitannins, gallotannins and profisetinidins/prorobitenidins respectively. As these monographs are relevant for the tannins referred to in line items 5.12 and 6.4 of Table 2 of Part A of Annex I to Delegated Regulation (EU) 2019/934, it is appropriate to include them in column 4 of those line items. However, Section 1 of those monographs is currently being revised in the OIV. Pending the conclusion of that revision, it is appropriate to make only Section 2 of those monographs applicable in the Union. Column 7 of line items 5.12 and 6.4 of Table 2 should therefore be amended accordingly.

(14)Resolution OIV-OENO 689-2022 amended the prescriptions of OIV file 3.3.6 concerning treatment with gum arabic. Line item 6.8 of Table 2 of Part A of Annex I to Delegated Regulation (EU) 2019/934 should be amended accordingly.

(15)The conditions and limits of use referred to in column 7 of line items 7.2 to 7.12 of Table 2 of Part A of Annex I to Delegated Regulation (EU) 2019/934 are broader than the prescriptions of the respective OIV files indicated in column 3 of those line items. However, it is not justified, from a technical point of view, to allow for conditions of use of enzymes broader in the Union than at the OIV. The specific conditions of use mentioned in column 7 of line items 7.2 to 7.12 should therefore be deleted so that the OIV prescriptions apply.

(16)Line item 7.5 of Table 2 of Part A of Annex I to Delegated Regulation (EU) 2019/934 provides that the specifications to be applied to hemicellulase are those referred to in file COEI-1-ACTGHE of the OIV International Oenological Codex. However, resolution OIV-OENO 682-2021 removed monograph COEI-1-ACTGHE from the OIV Codex. Its reference in column 4 of line item 7.5 of Table 2 should therefore be deleted. The only enzyme with a hemicellulase activity currently authorised at the OIV is xylanase. It is therefore appropriate to adapt line item 7.5 of Table 2 by introducing therein the correct references to xylanase, namely its name, EC number and relevant file of the OIV International Oenological Codex. At the same time, it is appropriate to clarify in column 1 of Table 2 that xylanase is a hemicellulase in order to make the link with the files of the OIV Code of Oenological Practices which only refer to the general term ‘hemicellulase’.

(17)Specifications of betaglucanase identified by the number EC 3.2.1.58 are set out in the files COEI-1-BGLUCA, COEI-1-PRENZY and COEI-1-ACTGLU of the OIV International Oenological Codex. The file COEI-1-ACTGLU is missing, and should therefore be added, in column 4 of line item 7.7 of Table 2 of Part A of Annex I to Delegated Regulation (EU) 2019/934. In addition, the OIV Code of Oenological Practices allows betaglucanase to be used on both musts and wines for clarification, filtration and solubilisation of yeast compounds. However, column 3 of line item 7.7 of Table 2 only refers to the OIV file 3.2.10 which solely aims to improve the solubilisation of yeast compounds in wine. In order to align the Union legislation on the OIV recommendations for betaglucanase, it is appropriate to add the OIV files 2.1.4, 2.1.18, 3.2.8, 3.2.11 and 3.5.7 in column 3 of line item 7.7. Column 8 of that line item should also be amended accordingly. 

(18)In May 2022, the OIV introduced editorial modifications to file COEI-1-ACTGLU of its International Oenological Codex. In particular, it deleted the reference to glycosidase (EC 3.2.1.20) which is a specific glycosidase not used in wine-making. Therefore, line item 7.8 should be deleted from Table 2 of Part A of Annex I to Delegated Regulation (EU) 2019/934.

(19)The OIV Code of Oenological Practices allows beta-glucanase (β1-3, β1-6) to be used on both musts and wines for clarification, filtration and solubilisation of yeast compounds. However, column 3 of line item 7.10 of Table 2 of Part A of Annex I to Delegated Regulation (EU) 2019/934 only refers to the OIV file 3.5.7 which solely aims to improve the clarification and filterability of wine. In order to align the Union legislation on the OIV recommendations for beta-glucanase (β1-3, β1-6), it is appropriate to add the OIV files 2.1.4, 2.1.18, 3.2.8, 3.2.10 and 3.2.11 in column 3 of line item 7.10. Column 8 of that line item should also be amended accordingly.

(20)Line item 11.3 of Table 2 of Part A of Annex I to Delegated Regulation (EU) 2019/934 authorises the use of the additives E 150a, E 150b, E 150c and E 150d in the production of liqueur wines. Those additives are identified by the common name ‘caramel’ in column 1 of that line item. However, Regulation (EC) No 1333/2008 provides each version of E 150 with an individual designation. E 150a is designated as plain caramel, E 150b as caustic sulphite caramel, E 150c as ammonia caramel and E 150d as sulphite ammonia caramel. In order to align Delegated Regulation (EU) 2019/934 with Regulation (EC) No 1333/2008, it is appropriate to establish four separate line items for the additives E 150a, E 150b, E 150c and E 150d and to designate them as in Regulation (EC) No 1333/2008.

(21)The second indent of point (c) of point 2 of Section A of Part B of Annex I to Delegated Regulation (EU) 2019/934 lists a number of white wines from France entitled to a protected designation of origin for which the maximum sulphur dioxide content may be raised to 300 mg/l. Wines from the protected denomination of origin ‘Corrèze’ entitled to bear the traditional term ‘Vin de paille’ have a high content in residual sugars, which requires the use of sulphur dioxide up to 300 mg/l to ensure their preservation. That indent should therefore be amended accordingly.

(22)In accordance with point 3(a) of Part II of Annex VII to Regulation (EU) No 1308/2013, as amended by Regulation (EU) 2021/2117 of the European Parliament and of the Council 5 , liqueur wines of prolonged ageing may exceptionally have an actual alcoholic strength of not less than 14 % by volume instead of not less than 15 % volume. In accordance with that provision, the Commission is empowered to establish the list of liqueur wines benefiting from that derogation. Spain has requested the addition of several Spanish liqueur wines to that list. The Commission has assessed that request and concluded that it is therefore appropriate to insert a new point in Section B of Annex III to Delegated Regulation (EU) 2019/934 and to add a new Section in Appendix 1 to that Annex to address that request.

(23)To be placed on the market, liqueur wines are to have, among others, a total alcoholic strength of not less than 17,5 % volume, unless they benefit from the derogation referred to in Part II, point (3)(b), of Annex VII to Regulation (EU) No 1308/2013, and in Section B, point 5(b), of Annex III to Delegated Regulation (EU) 2019/934 and in Section B of Appendix 2 to that Annex III. Such derogation is currently possible only where national laws applicable thereto before 1 January 1985 expressly so provided. However, production methods of liqueur wines have evolved over time and new protected designations of origin that could potentially benefit from that derogation have been registered since 1985. Consequently, that temporal restriction no longer appears justified. It is therefore appropriate to delete the reference to 1 January 1985 in the relevant provisions of Annex III to that Delegated Regulation.

(24)Commission Implementing Regulations (EU) 2024/217 6 and (EU) 2023/2887 7 approved modifications to the traditional terms ‘vino generoso’ and ‘vino generoso de licor’ respectively. Points 8 and 10 of Section B of Annex III to Delegated Regulation (EU) 2019/934 have thus become obsolete and should therefore be deleted. In addition, point 9 of Section B of that Annex repeats the same provisions as in the summary of definition/condition of use of the traditional term ‘vinho generoso’ in the Union register of traditional terms ‘e-Ambrosia’. To avoid duplicating such provisions, it is appropriate to delete that point.

(25)Part II, point (3), of Annex VII to Regulation (EU) No 1308/2013 empowers the Commission to draw up lists of liqueur wines with a designation of origin or with a geographical indication which may benefit from the derogations provided for in that point. However, the Commission is not empowered to further describe the products benefiting from those derogations. That information should instead be part of the specifications of the designations of origin or geographical indications. On that basis, Spain has modified the specifications of relevant designations of origin to clarify which products may benefit from the derogations referred to in Section A of Appendix 1 to Annex III to Delegated Regulation (EU) 2019/934, in points 4, 5 and 6 of Section B of that Appendix and in Section B of Appendix 2 to Annex III to that Delegated Regulation. Consequently, the right column of the tables under ‘SPAIN’ in those Appendices has become obsolete and should be deleted. Furthermore, the tables themselves no longer serve any purpose. They should be replaced by lists of wines with protected designations of origin.

(26)Spain has informed the Commission that producers of wines bearing the ‘Lebrija’ protected designation of origin have requested the possibility to produce their wines using the derogation provided for in Part II, point (3)(f)(ii), of Annex VII to Regulation (EU) No 1308/2013, and in Section B, point 2, of Annex III to Delegated Regulation (EU) 2019/934 and in Section B, point 1, of Appendix 1 to that Annex III. The Commission has assessed that request and concluded that it was appropriate to add the name ‘Lebrija’ to the list of protected designations of origins from Spain in point 1 of Section B of that Appendix.

(27)In addition, due to the process of production, ‘Lebrija’ liqueur wines have a very low reducing sugar content and can hardly reach the minimum 17,5 % volume of total alcoholic strength required for liqueur wines. To be put on the market, such wines would need to benefit from the derogation referred to in Part II, point (3)(b), of Annex VII to Regulation (EU) No 1308/2013, and in Section B, point 5(b), of Annex III to Delegated Regulation (EU) 2019/934 and in Section B of Appendix 2 to that Annex III. It is therefore appropriate to add the name ‘Lebrija’ under ‘SPAIN’ in Section B of Appendix 2 to Annex III to Delegated Regulation (EU) 2019/934.

(28)The specification of the protected designation of origin ‘Porto – Port’ provides that the liqueur wine described as ‘branco leve seco’ may benefit from the derogation provided for in Part II, point (3)(b), of Annex VII to Regulation (EU) No 1308/2013, and in Section B, point 5(b) of Annex III to Delegated Regulation (EU) 2019/934 and in Section B of Appendix 2 to that Annex III. Mentioning ‘branco leve seco’ in the table under ‘PORTUGAL’ in that Section is therefore a repetition of the same provision in the product specification. To avoid such repetition, it is appropriate to delete that table and replace it by the name of the protected designation of origin ‘Porto – Port’.

(29)Delegated Regulation (EU) 2019/934 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Amendments to Delegated Regulation (EU) 2019/934

Delegated Regulation (EU) 2019/934 is amended as follows:

(1)Annex I is amended in accordance with Annex I to this Regulation;

(2)Annex III is amended in accordance with Annex II to this Regulation.

Article 2

Transitional arrangements

Grapevine products produced before the date of application of this Regulation in accordance with the rules in force before that date may be released for human consumption until stocks are exhausted.

Article 3

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

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

Done at Brussels, 30.9.2024

   For the Commission

   The President
   Ursula VON DER LEYEN

(1)    OJ L 347, 20.12.2013, p. 671, ELI: http://data.europa.eu/eli/reg/2013/1308/oj.
(2)    Commission Delegated Regulation (EU) 2019/934 of 12 March 2019 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards wine-growing areas where the alcoholic strength may be increased, authorised oenological practices and restrictions applicable to the production and conservation of grapevine products, the minimum percentage of alcohol for by-products and their disposal, and publication of OIV files (OJ L 149, 7.6.2019, p. 1, ELI: http://data.europa.eu/eli/reg_del/2019/934/oj).
(3)    Commission Regulation (EU) No 231/2012 of 9 March 2012 laying down specifications for food additives listed in Annexes II and III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council (OJ L 83, 22.3.2012, p. 1, ELI: http://data.europa.eu/eli/reg/2012/231/oj).
(4)    Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (OJ L 354, 31.12.2008, p. 16, ELI: http://data.europa.eu/eli/reg/2008/1333/oj).
(5)    Regulation (EU) 2021/2117 of the European Parliament and of the Council of 2 December 2021 amending Regulations (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products, (EU) No 1151/2012 on quality schemes for agricultural products and foodstuffs, (EU) No 251/2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products and (EU) No 228/2013 laying down specific measures for agriculture in the outermost regions of the Union (OJ L 435, 6.12.2021, p. 262, ELI: http://data.europa.eu/eli/reg/2021/2117/oj).
(6)    Commission Implementing Regulation (EU) 2024/217 of 11 January 2024 approving a modification of a traditional term in the wine sector in accordance with Article 115(2) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council – Vino generoso (OJ L, 2024/217, 12.1.2024, ELI: http://data.europa.eu/eli/reg_impl/2024/217/oj).
(7)    Commission Implementing Regulation (EU) 2023/2887 of 20 December 2023 approving a modification of a traditional term in the wine sector in accordance with Article 115(2) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council – ‘Vino generoso de licor’ (OJ L, 2023/2887, 22.12.2023, ELI: http://data.europa.eu/eli/reg_impl/2023/2887/oj).

ANNEX I

Annex I to Delegated Regulation (EU) 2019/934 is amended as follows:

(1)Part A is amended as follows:

(a)Tables 1 and 2 are replaced by the following:

‘Table 1 

Authorised oenological processes as referred to in Article 3(1)

1

2

3

Oenological processes

Conditions and limits of use1

Categories of wine products2

1

Aeration or oxygenation

Subject to the conditions set out in files 2.1.1 (2016) and 3.5.5 (2016) of the OIV Code of Oenological Practices.

(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

2

Heat treatments3

Subject to the conditions set out in files 1.8 (1970), 2.2.4 (1988), 2.3.6 (1988), 2.3.9 (2005), 3.4.3 (1988), 3.4.3.1 (1990), 3.5.4 (1997) and 3.5.10 (1982) of the OIV Code of Oenological Practices.

Fresh grapes, (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

2a

Cold treatments4

Subject to the conditions set out in point 1(c) of Section B of Part I of Annex VIII to Regulation (EU) No 1308/2013 and in files 1.14 (2005), 1.15 (2005), 2.1.12.4 (1998), 2.3.6 (1988), 3.1.2 (1979), 3.1.2.1 (1979), 3.3.4 (2004) and 3.5.11.1 (2001) of the OIV Code of Oenological Practices.

Fresh grapes, (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

3

Centrifugation and filtration with or without an inert filtering agent

Inert filtering agents are those referred to in files 2.1.11 (1970), 2.1.11.1 (1990), 3.2.2 (1989) and 3.2.2.1 (1990) of the OIV Code of Oenological Practices. Their use must not leave undesirable residues in the treated product.

(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

4

Create an inert atmosphere

Only for the purpose to handle the product shielded from the air.

(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

5

Elimination of sulphur dioxide by physical processes

Fresh grapes, (2), (10), (11), (12), (13) and (14)

6

Ion exchange resins

Subject to the conditions laid down in Appendix 3 to this Annex. The treatment shall be recorded in the register referred to in Article 147(2) of Regulation (EU) No 1308/2013.

Grape must intended for the manufacture of rectified concentrated grape must

7

Bubbling

Only when using argon or nitrogen.

(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

8

Flotation

Only when using nitrogen or argon or by aerating. Subject to the conditions set out in file 2.1.14 (2022).

(10), (11) and (12)

9

Discs of pure paraffin impregnated with allyl isothiocyanate

Only for the purpose to create a sterile atmosphere. In Italy permitted solely as long as it is in conformity with that country’s legislation and only in containers holding more than 20 litres. The use of allyl isothiocyanate is subject to the conditions and limits in Table 2 on authorised oenological compounds.

Partially fermented must for direct human consumption as such, (1), (2), (3), (4), (5), (6), (7), (8), (9), (15) and (16)

10

Electrodialysis treatment

Only for the purpose to ensure the tartaric stabilisation of the wine. Subject to the conditions laid down in Appendix 5 to this Annex. The treatment shall be recorded in the register referred to in Article 147(2) of Regulation (EU) No 1308/2013.

Partially fermented must for direct human consumption as such, (1), (3), (4), (5), (6), (7), (8), (9), (15) and (16)

11

Pieces of oak wood

In winemaking and ageing, including in the fermentation of fresh grapes and grape must. Subject to the conditions laid down in Appendix 7 to this Annex. The treatment shall be recorded in the register referred to in Article 147(2) of Regulation (EU) No 1308/2013.

(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

12

Correction of the alcohol content of wine

Correction only carried out with wine. Subject to the conditions laid down in Appendix 8 to this Annex. The treatment shall be recorded in the register referred to in Article 147(2) of Regulation (EU) No 1308/2013.

(1), (2), (3), (4), (5), (6), (7), (8), (9), (15) and (16)

13

Cation exchangers for tartaric stabilisation

Subject to the conditions laid down in file 3.3.3 (2011) of the OIV Code of Oenological Practices, including carrying out the treatment under the responsibility of an oenologist or qualified technician. It must also comply with Regulation (EC) No 1935/2004 of the European Parliament and of the Council5 and with the national provisions adopted for the implementation thereof. The treatment shall be recorded in the register referred to in Article 147(2) of Regulation (EU) No 1308/2013.

Partially fermented must for direct human consumption as such, (1), (3), (4), (5), (6), (7), (8), (9), (15) and (16)

14

Electro-membranary treatment

Only for acidification or deacidification. Subject to the conditions and limits laid down in Sections C and D of Part I of Annex VIII to Regulation (EU) No 1308/2013 and Article 11 of this Regulation. It must comply with Regulation (EC) No 1935/2004 and with Commission Regulation (EU) No 10/20116 and with the national provisions adopted for the implementation thereof. Subject to the conditions set out in files 2.1.3.1.3 (2010), 2.1.3.2.4 (2012) , 3.1.1.4 (2010), 3.1.2.4 (2012) of the OIV Code of Oenological Practices, including carrying out the treatment under the responsibility of an oenologist or qualified technician. The treatment shall be recorded in the register referred to in Article 147(2) of Regulation (EU) No 1308/2013.

(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

15

Cation exchangers for acidification

Subject to the conditions and limits laid down in Sections C and D of Part I of Annex VIII to Regulation (EU) No 1308/2013 and Article 11 of this Regulation. It must comply with Regulation (EC) No 1935/2004 and with the national provisions adopted for the implementation thereof. Subject to the conditions set out in files 2.1.3.1.4 (2012) and 3.1.1.5 (2012) of the OIV Code of Oenological Practices, including carrying out the treatment under the responsibility of an oenologist or qualified technician. The treatment shall be recorded in the register referred to in Article 147(2) of Regulation (EU) No 1308/2013.

(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

16

Membrane coupling

Only for the reduction in sugar content of musts. Subject to the conditions laid down in Appendix 9 to this Annex. The treatment shall be recorded in the register referred to in Article 147(2) of Regulation (EU) No 1308/2013.

(10)

17

Membrane contactors

Only for the purpose to manage the dissolved gas in wine. The addition of carbon dioxide for the products defined in points (4), (5), (6) and (8) of Part II of Annex VII to Regulation (EU) No 1308/2013 is prohibited. It must comply with Regulation (EC) No 1935/2004 and with Regulation (EU) No 10/2011 and with the national provisions adopted for the implementation thereof. Subject to the conditions set out in file 3.5.17 (2013) of the OIV Code of Oenological Practices, including carrying out the treatment under the responsibility of an oenologist or qualified technician. The treatment shall be recorded in the register referred to in Article 147(2) of Regulation (EU) No 1308/2013.

(1), (3), (4), (5), (6), (7), (8), (9), (15) and (16)

18

Treatment of wine using a membrane technology coupled with adsorption on activated carbon or adsorbent styrene-divinylbenzene beads

Only for the purpose to reduce volatile phenols in wines. Subject to the conditions laid down in file 3.5.18 (2023) of the OIV Code of Oenological Practices, including carrying out the treatment under the responsibility of an oenologist or qualified technician. The treatment shall be recorded in the register referred to in Article 147(2) of Regulation (EU) No 1308/2013. The membranes used must comply with the requirements of Regulations (EC) No 1935/2004 and (EU) No 10/2011 and with the national provisions adopted for the implementation thereof.

(1), (2), (3), (4), (5), (6), (7), (8), (9), (15) and (16)

19

Filter plates containing zeolite y-faujasite

Only for the purpose to adsorb haloanisoles. Subject to the conditions laid down in file 3.2.15 (2016) of the OIV Code of Oenological Practices.

(1), (2), (3), (4), (5), (6), (7), (8), (9), (15) and (16)

20

Partial concentration

For grape must: subject to the conditions laid down in point 1(b) of Section B of Part I of Annex VIII to Regulation (EU) No 1308/2013 and in files 2.1.12 (1998), 2.1.12.1 (1993), 2.1.12.2 (2001), 2.1.12.3 (1998) and 2.1.12.4 (1998) of the OIV Code of Oenological Practices. File 2.1.12.1 (1993) includes the obligation to implement reverse osmosis under the responsibility of an oenologist or qualified technician.

For wine: subject to the conditions laid down in point 1(c) of Section B of Part I of Annex VIII to Regulation (EU) No 1308/2013 and in files 3.5.11 (2001) and 3.5.11.1 (2001) of the OIV Code of Oenological Practices.

The treatment shall be recorded in the register referred to in Article 147(2) of Regulation (EU) No 1308/2013.

(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (15) and (16)

21

Treatment by discontinuous high pressure processes

Subject to the conditions laid down in files 1.18 (2019) and 2.1.26 (2019) of the OIV Code of Oenological Practices.

Fresh grapes, (10), (11) and (12)

22

Treatment by continuous high pressure processes

Subject to the conditions laid down in file 2.2.10 (2020) of the OIV Code of Oenological Practices.

(10), (11) and (12)

23

Treatment of crushed grapes with ultrasound to promote the extraction of their compounds

Subject to the conditions laid down in file 1.17 (2019) of the OIV Code of Oenological Practices.

Fresh grapes

24

Treatment of grapes by pulsed electric fields

Subject to the conditions laid down in file 2.1.27 (2020) of the OIV Code of Oenological Practices.

Fresh grapes

25

Treatment of musts and wines using adsorbent styrene-divinylbenzene beads

Subject to the conditions laid down in files 2.2.11 (2020) and 3.4.22 (2020) of the OIV Code of Oenological Practices.

(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

The year in brackets following references to a file of the OIV Code of Oenological Practices indicates the version of the file authorised by the Union as authorised oenological practices, subject to the conditions and limits of use set out in this table.

2If not applicable to all categories of wine products laid down in Part II of Annex VII to Regulation (EU) No 1308/2013.

3Heat treatments include maceration after heating grapes, pasteurisation, interruption of fermentation by heat, warm post-fermentation maceration, hot bottling.

4Cold treatments include prefermentative cold maceration, cryoconcentration, interruption of fermentation by cold, deacidification by cold, cold stabilisation.

5Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC (OJ L 338, 13.11.2004, p. 4, ELI: http://data.europa.eu/eli/reg/2004/1935/oj ).

6Commission Regulation (EU) No 10/2011 of 14 January 2011 on plastic materials and articles intended to come into contact with food (OJ L 12, 15.1.2011, p. 1, ELI: http://data.europa.eu/eli/reg/2011/10/oj).

Table 2

Authorised oenological compounds as referred to in Article 3(1)

1

2

3

4

5

6

7

8

Substances/ Activities

E number

and/or

CAS number

OIV Code of Oenological Practices 1

OIV Codex file reference as referred to in Article 9(1)

Additive

Processing aid/substance used as processing aid 2

Conditions and limits of use 3

Categories of wine products 4

1

Acidity regulators

1.1

Tartaric acid (L(+)-)

E 334 / CAS 87-69-4

Files 2.1.3.1.1 (2001),

3.1.1.1 (2001)

x

Conditions and limits laid down in Sections C and D of Part I of Annex VIII to Regulation (EU) No 1308/2013 and Article 11 of this Regulation. The treatment shall be recorded in the register referred to in Article 147(2) of Regulation (EU) No 1308/2013. Specifications for tartaric acid (L(+)-) laid down in point 2 of Appendix 1 to this Annex. 

(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

1.2

Malic acid (D,L-; L-)

E 296 / -

Files 2.1.3.1.1 (2001),

3.1.1.1 (2001)

x

(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

1.3

Lactic acid

E 270 / -

Files 2.1.3.1.1 (2001),

3.1.1.1 (2001)

x

(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

1.4

Potassium L(+)-tartrate

E 336(ii) / CAS 921-53-9

Files 2.1.3.2.2 (1979),

3.1.2.2 (1979)

x

(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

1.5

Potassium bicarbonate

E 501(ii) / CAS 298-14-6

Files 2.1.3.2.2 (1979),

3.1.2.2 (1979)

x

(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

1.6

Calcium carbonate

E 170 / CAS 471-34-1

Files 2.1.3.2.2 (1979),

3.1.2.2 (1979)

x

(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

1.8

Calcium sulphate

E 516 / -

File 2.1.3.1.1.1 (2017)

x

Conditions and limits laid down in point 2(b) of Section A of Annex III. Maximum use level: 2 g/l.

(3)

1.9

Potassium carbonate

E 501(i)

Files 2.1.3.2.5 (2017), 3.1.2.2 (1979)

x

Conditions and limits laid down in Sections C and D of Part I of Annex VIII to Regulation (EU) No 1308/2013 and Article 11 of this Regulation. The treatment shall be recorded in the register referred to in Article 147(2) of Regulation (EU) No 1308/2013.

Citric acid: Only objective a) of OIV files 3.1.1 (1979) and 3.1.1.1 (2001) applies. Maximum content in wine thus treated and placed on the market: 1 g/l.

(1), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

1.10

Citric acid

E 330

Files 3.1.1 (1979), 3.1.1.1 (2001)

x

(1), (3), (4), (5), (6), (7), (8), (9), (15) and (16)

1.11

Yeasts for wine production

- / -

Files 2.1.3.2.3 (2019), 2.1.3.2.3.1 (2019), 2.3.1 (2016)

COEI-1-SACCHA

COEI-1-NOSACC

x 2

(10), (11) and (12)

1.12

Lactic acid bacteria

- / -

Files 2.1.3.2.3 (2019), 2.1.3.2.3.2 (2019), 3.1.2 (1979), 3.1.2.3 (1980)

COEI-1-BALACT

x 2

(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

2

Preservatives and antioxidants

2.1

Sulphur dioxide

E 220 / CAS 7446-09-5

Files 1.12 (2004), 2.1.2 (1987),

3.4.4 (2003)

x

Limits (i.e. maximum quantity in the product placed on the market) as laid down in Part B of Annex I.

Fresh grapes, (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

2.2

Potassium bisulphite

E 228 / CAS 7773-03-7

Files 1.12 (2004), 2.1.2 (1987), 3.4.4 (2003)

x

Fresh grapes, (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

2.3

Potassium metabisulphite

E 224 / CAS 16731-55-8

Files 1.12 (2004), 2.1.2 (1987), 3.4.4 (2003)

x

Fresh grapes, (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

2.4

Potassium sorbate

E 202

File 3.4.5 (1988)

x

(1), (2), (3), (4), (5), (6), (7), (8), (9), (15) and (16)

2.5

Lysozyme

E 1105

Files 2.2.6 (1997), 3.4.12 (1997)

x

x

(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

2.6

L ascorbic acid

E 300

Files 1.11 (2001), 2.2.7 (2001), 3.4.7 (2001)

x

Fresh grapes, (1), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

2.7

Dimethyldicarbonate (DMDC)

E 242 / CAS 4525-33-1

File 3.4.13 (2001)

x

The treatment shall be recorded in the register referred to in Article 147(2) of Regulation (EU) No 1308/2013.

Partially fermented must for direct human consumption as such, (1), (3), (4), (5), (6), (7), (8), (9), (15) and (16)

3

Adsorbents

3.1

Charcoal for oenological use

Files 2.1.9 (2002), 3.5.9 (1970)

COEI-1-CHARBO

x

The treatment shall be recorded in the register referred to in Article 147(2) of Regulation (EU) No 1308/2013.

White wines, (2), (10), and (14)

3.2

Selective plant fibres

Files 2.1.28 (2022), 3.4.20 (2022)

COEI-1-FIBVEG

x

(1), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

4

Activators for alcoholic and malolactic fermentation

4.1

Microcrystalline cellulose

E 460(i) / CAS 9004-34-6

Files 2.3.2 (2019), 3.4.21 (2015)

x

Fresh grapes, (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

4.2

Diammonium hydrogen phosphate

- / CAS 7783-28-0

File 4.1.7 (1995)

COEI-1-PHODIA

x

Only for alcoholic fermentation. No more than 1 g/l (expressed in salts)5 or 0,3 g/l for the second fermentation of sparkling wines.

Fresh grapes, (2), (10), (11), (12), second alcoholic fermentation of (4), (5), (6) and (7)

4.3

Ammonium sulphate

E 517 / CAS 7783-20-2

File 4.1.7 (1995)

x

4.4

Ammonium bisulphite

- / CAS 10192-30-0

COEI-1-AMMHYD

x

Only for alcoholic fermentation. No more than 0,2 g/l (expressed in salts) and up to the limits set in points 2.1, 2.2 and 2.3.

Fresh grapes, (2), (10), (11) and (12)

4.5

Thiamine hydrochloride

- / CAS 67-03-8

Files 2.3.3 (1976), 4.1.7 (1995)

COEI-1-THIAMIN

x

Only for alcoholic fermentation.

No more than 0,6 mg/l (expressed in thiamin) for each treatment.

Fresh grapes, (2), (10), (11), (12), second alcoholic fermentation of (4), (5), (6) and (7)

4.6

Yeast autolysates

- / -

Files 2.3.2 (2019), 3.4.21 (2015)

COEI-1-AUTLYS

x 2

Fresh grapes, (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

4.7

Yeast cell walls

- / -

Files 2.3.4 (1988), 3.4.21 (2015)

COEI-1-YEHULL

x 2

Fresh grapes, (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

4.8

Inactivated yeasts

- / -

Files 2.3.2 (2019), 3.4.21 (2015)

COEI-1-INAYEA

x 2

Fresh grapes, (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

4.9

Inactivated yeasts with guaranteed glutathione levels

- / -

File 2.2.9 (2017)

COEI-1-LEVGLU

x 2

Only for alcoholic fermentation.

Fresh grapes, (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

4.10

Powdered cellulose

E 460(ii) / CAS 9004-34-6

File 2.3.2 (2019)

x

(10), (11) and (12)

5

Clarifying agents

5.1

Edible gelatine

- / CAS 9000-70-8

Files 2.1.6 (1997), 3.2.1 (2011)

COEI-1-GELATI

x 2

(1), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

5.2

Wheat protein

Files 2.1.17 (2004), 3.2.7 (2004)

COEI-1-PROVEG

x 2

(1), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

5.3

Peas protein

Files 2.1.17 (2004), 3.2.7 (2004)

COEI-1-PROVEG

x 2

(1), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

5.4

Potatoes protein

Files 2.1.17 (2004), 3.2.7 (2004)

COEI-1-PROVEG

x 2

(1), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

5.5

Isinglass

File 3.2.1 (2011)

COEI-1-COLPOI

x

(1), (3), (4), (5), (6), (7), (8), (9), (15) and (16)

5.6

Casein

- / CAS 9005-43-0

File 2.1.16 (2004)

COEI-1-CASEIN

x 2

(1), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

5.7

Potassium caseinates

- / CAS 68131-54-4

Files 2.1.15 (2004), 3.2.1 (2011)

COEI-1-POTCAS

x 2

(1), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

5.8

Egg albumin

- / CAS 9006-59-1

File 3.2.1 (2011)

COEI-1-OEUALB

x 2

(1), (3), (4), (5), (6), (7), (8), (9), (15) and (16)

5.9

Bentonite

- / -

Files 2.1.8 (1970), 3.3.5 (1970)

COEI-1-BENTON

x

(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

5.10

Silicon dioxide (gel or colloidal solution)

E 551 / -

Files 2.1.10 (1991), 3.2.1 (2011), 3.2.4 (1991)

x

(1), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

5.11

Kaolin

- / CAS 1332-58-7

File 3.2.1 (2011)

COEI-1-KAOLIN

x

(1), (2), (3), (4), (5), (6), (7), (8), (9), (15) and (16)

5.12

Tannins

Files 2.1.7 (2019), 2.1.17 (2004), 3.2.6 (2019), 3.2.7 (2004), 4.1.8 (1981), 4.3.2 (1981)

COEI-1-TANINS

COEI-1-PROCYA

COEI-1-ELLAGI

COEI-1-GALLOT

COEI-1-PROFIS

x

Only Section 2 of files COEI-1-PROCYA, COEI-1-ELLAGI, COEI-1-GALLOT and COEI-1-PROFIS applies.

Fresh grapes, (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

5.13

Chitosan derived from Aspergillus niger or Agaricus bisporus

- / CAS 9012-76-4

Files 2.1.22 (2009), 3.2.1 (2011), 3.2.12 (2009)

COEI-1-CHITOS

x

(1), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

5.14

Chitin-glucan derived from Aspergillus niger

Chitin: CAS 1398-61-4; Glucan: CAS 9041-22-9.

Files 2.1.23 (2009),3.2.1 (2011), 3.2.13 (2009)

COEI-1-CHITGL

x

(1), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

5.15

Yeast protein extracts

- / -

Files 2.1.24 (2011), 3.2.14 (2011), 3.2.1 (2011)

COEI-1-EPLEV

x

(1), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

5.16

Polyvinylpolypyrrolidone

E 1202 / CAS 25249-54-1

File 3.4.9 (1987)

x

(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

5.17

Calcium alginate

E 404 / CAS 9005-35-0

File 4.1.8 (1981)

x

Only in the production of all categories of sparkling and semi-sparkling wines obtained by fermentation in bottle and with the lees separated by disgorging.

(4), (5), (6), (7), (8) and (9)

5.18

Potassium alginate

E 402 / CAS 9005-36-1

File 4.1.8 (1981)

x

Only in the production of all categories of sparkling and semi-sparkling wines obtained by fermentation in bottle and with the lees separated by disgorging.

(4), (5), (6), (7), (8) and (9)

6

Stabilising agents

6.1

Potassium hydrogen tartrate

E336(i) / CAS 868-14-4

File 3.3.4 (2004)

x

Only to assist the precipitation of tartaric salts.

Partially fermented must for direct human consumption as such, (1), (3), (4), (5), (6), (7), (8), (9), (15) and (16)

6.2

Calcium tartrate

- / -

File 3.3.12 (1997)

COEI-1-CALTAR

x

Partially fermented must for direct human consumption as such, (1), (3), (4), (5), (6), (7), (8), (9), (15) and (16)

6.3

Citric acid

E 330

Files 3.3.1 (1970), 3.3.8 (1970)

x

Maximum content in wine thus treated and placed on the market: 1 g/l.

Partially fermented must for direct human consumption as such, (1), (3), (4), (5), (6), (7), (8), (9), (15) and (16)

6.4

Tannins

- / -

Files 2.1.7 (2019), 3.2.6 (2019), 3.3.1 (1970)

COEI-1-TANINS

COEI-1-PROCYA

COEI-1-ELLAGI

COEI-1-GALLOT

COEI-1-PROFIS

Only Section 2 of files COEI-1-PROCYA, COEI-1-ELLAGI, COEI-1-GALLOT and COEI-1-PROFIS applies.

Fresh grapes, partially fermented must for direct human consumption as such, (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

6.5

Potassium ferrocyanide

E 536 / -

Files 3.3.1 (1970), 3.3.10 (1970)

x

Subject to the conditions laid down in Appendix 4 to this Annex. The treatment shall be recorded in the register referred to in Article 147(2) of Regulation (EU) No 1308/2013.

Partially fermented must for direct human consumption as such, (1), (3), (4), (5), (6), (7), (8), (9), (15) and (16)

6.6

Calcium phytate

- / CAS 3615-82-5

File 3.3.1 (1970)

COEI-1-CALPHY

x

Only for red wines and no more than 8 g/hl.

Subject to the conditions laid down in Appendix 4 to this Annex.

Partially fermented must for direct human consumption as such, (1), (3), (4), (5), (6), (7), (8), (9), (15) and (16)

6.7

Metatartaric acid

E 353 / -

File 3.3.7 (1970)

x

Partially fermented must for direct human consumption as such, (1), (3), (4), (5), (6), (7), (8), (9), (15) and (16)

6.8

Gum arabic

E 414 / CAS 9000-01-5

File 3.3.6 (2022)

x

Partially fermented must for direct human consumption as such,(1), (3), (4), (5), (6), (7), (8), (9), (15) and (16)

6.9

Tartaric acid D, L- or its neutral salt of potassium

- / CAS 133-37-9

Files 2.1.21 (2008), 3.4.15 (2008)

COEI-1-DLTART

x

Only for precipitating excess calcium.

Subject to the conditions laid down in Appendix 4 to this Annex.

Partially fermented must for direct human consumption as such, (1), (3), (4), (5), (6), (7), (8), (9), (15) and (16)

6.10

Yeast mannoproteins

- / -

File 3.3.13 (2005)

COEI-1-MANPRO

x

Partially fermented must for direct human consumption as such, (1), (3), (4), (5), (6), (7), (8), (9), (15) and (16)

6.11

Carboxymethylcellulose

E 466 / -

File 3.3.14 (2020)

x

Only to ensure tartaric stabilisation.

White and rosé wines, (4), (5), (6), (7), (8) and (9)

6.12

Polyvinylimidazole-polyvinylpyrrolidone copolymers (PVI/PVP)

- / CAS 87865-40-5

Files 2.1.20 (2014), 3.4.14 (2014)

COEI-1-PVIPVP

x

The treatment shall be recorded in the register referred to in Article 147(2) of Regulation (EU) No 1308/2013. Files 2.1.20 (2014) and 3.4.14 (2014) include the obligation to carry out the treatment under the responsibility of an oenologist or a specialised technician.

(1), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

6.13

Potassium polyaspartate

E 456 / CAS 64723-18-8

File 3.3.15 (2016)

x

Only to contribute to the tartaric stabilization.

(1), (3), (4), (5), (6), (7), (8), (9), (15) and (16)

6.14

Fumaric acid

E 297 / CAS 110-17-8

Files 3.4.2 (2021), 3.4.23 (2021)

x

(1), (3), (4), (5), (6), (7), (8), (9), (15) and (16)

7

Enzymes 6

7.1

Urease

EC 3.5.1.5

File 3.4.11 (1995)

COEI-1-UREASE

COEI-1-PRENZY

x

Only to reduce the level of urea in the wine.

Subject to the conditions laid down in Appendix 6 to this Annex.

Partially fermented must for direct human consumption as such, (1), (3), (4), (5), (6), (7), (8), (9), (15) and (16)

7.2

Pectin lyases

EC 4.2.2.10

Files 1.13 (2021) ; 2.1.4 (2021); 2.1.18 (2021); 3.2.8 (2021); 3.2.11 (2021)

COEI-1-ACTPLY

COEI-1-PRENZY

x

Fresh grapes, (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

7.3

Pectin methylesterase

EC 3.1.1.11

Files 1.13 (2021), 2.1.4 (2021), 2.1.18 (2021), 3.2.8 (2021), 3.2.11 (2021)

COEI-1-ACTPME

COEI-1-PRENZY

x

Fresh grapes, (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

7.4

Polygalacturonase

EC 3.2.1.15

Files 1.13 (2021), 2.1.4 (2021), 2.1.18 (2021), 3.2.8 (2021), 3.2.11 (2021)

COEI-1-ACTPGA

COEI-1-PRENZY

x

Fresh grapes, (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

7.5

Xylanase (Hemicellulase)

EC 3.2.1.8

Files 1.13 (2021), 2.1.4 (2021), 2.1.18 (2021), 3.2.8 (2021), 3.2.11 (2021)

COEI-1-XYLANA

COEI-1-PRENZY

x

Fresh grapes, (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

7.6

Cellulase

EC 3.2.1.4

Files 1.13 (2021), 2.1.4 (2021), 2.1.18 (2021), 3.2.8 (2021), 3.2.11 (2021)

COEI-1-ACTCEL

COEI-1-PRENZY

x

Fresh grapes, (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

7.7

Betaglucanase

EC 3.2.1.58

Files 2.1.4 (2021), 2.1.18 (2021), 3.2.8 (2021), 3.2.10 (2004), 3.2.11 (2021), 3.5.7 (2013)

COEI-1-BGLUCA

COEI-1-ACTGLU

COEI-1-PRENZY

x

(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

7.9

Arabinanase

EC 3.2.1.99

Files 1.13 (2021), 2.1.4 (2021), 2.1.18 (2021), 3.2.8 (2021), 3.2.11 (2021)

COEI-1-ACTARA

COEI-1-PRENZY

x

Fresh grapes, (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

7.10

Beta-glucanase (β1-3, β1-6)

EC 3.2.1.6

Files 2.1.4 (2021), 2.1.18 (2021), 3.2.8 (2021), 3.2.10 (2004), 3.2.11 (2021), 3.5.7 (2013)

COEI-1-ACTGLU

COEI-1-PRENZY

x

(1), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

7.11

Glucosidase

EC 3.2.1.21

Files 2.1.19 (2013), 3.2.9 (2013)

COEI-1-GLYCOS

COEI-1-PRENZY

x

(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

7.12

Aspergillopepsin I

EC 3.4.23.18

Files 2.2.12 (2021), 3.3.16 (2021)

COEI-1-PROTEA

COEI-1-PRENZY

x

(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

8

Gases and packaging gases 7

8.1

Argon

E 938 / CAS 7440-37-1

Files 2.1.14 (2022), 2.2.5 (1970), 3.2.3 (2002)

x 7

x

(1), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

8.2

Nitrogen

E 941 / CAS 7727-37-9

Files 2.1.14 (2022), 2.2.5 (1970), 3.2.3 (2002)

x 7

x

(1), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

8.3

Carbon dioxide

E 290 / CAS 124-38-9

Files 1.7 (1970), 2.2.3 (1970), 2.2.5 (1970), 2.3.9 (2005), 4.1.10 (2002)

x 7

x

In the case of still wines the maximum carbon dioxide content in the wine so treated and placed on the market is 3 g/l, while the excess pressure caused by the carbon dioxide must be less than 1 bar at a temperature of 20 °C.

Partially fermented must for direct human consumption as such, (1), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

8.4

Gaseous oxygen

E 948 / CAS 17778-80-2

Files 2.1.1 (2016), 3.5.5 (2016)

x

(1), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

9

Fermentation agents

9.1

Yeasts for wine production

- / -

Files 2.1.3.2.3.1. (2019), 2.3.1 (2016), 4.1.8 (1981)

COEI-1-SACCHA

COEI-1-NOSACC

x 2

Fresh grapes, (2), (10), (11), (12), (13), second alcoholic fermentation of (4), (5), (6) and (7)

9.2

Lactic acid bacteria

- / -

Files 2.1.3.2.3.2 (2019), 3.1.2 (1979), 3.1.2.3 (1980)

COEI-1-BALACT

x 2

(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

10

Correction of defects

10.1

Copper sulphate, pentahydrate

- / CAS 7758-99-8

File 3.5.8 (1989)

COEI-1-CUISUL

x

No more than 1 g/hl, provided that the copper content of the product so treated does not exceed 1 mg/l, with the exception of liqueur wines prepared from fresh unfermented or slightly fermented grape must, for which the copper content may not exceed 2 mg/l.

Partially fermented must for direct human consumption as such, (1), (3), (4), (5), (6), (7), (8), (9), (15) and (16)

10.2

Copper citrate

- / CAS 866-82-0

File 3.5.14 (2008)

COEI-1-CUICIT

x

No more than 1 g/hl, provided that the copper content of the product so treated does not exceed 1 mg/l, with the exception of liqueur wines prepared from fresh unfermented or slightly fermented grape must, for which the copper content may not exceed 2 mg/l.

Partially fermented must for direct human consumption as such, (1), (3), (4), (5), (6), (7), (8), (9), (15) and (16)

10.3

Chitosan derived from Aspergillus niger or Agaricus bisporus

- / CAS 9012-76-4

File 3.4.16 (2009)

COEI-1-CHITOS

x

(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

10.4

Chitin-glucan derived from Aspergillus niger

Chitin: CAS 1398-61-4; Glucan: CAS 9041-22-9.

File 3.4.17 (2009)

COEI-1-CHITGL

x

(1), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

10.5

Inactivated yeasts

- / -

COEI-1-INAYEA

x 2

(1), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

11

Other practices

11.1

Aleppo pine resin

- / -

x

Subject to the conditions laid down in Appendix 2 to this Annex.

(2), (10) and (11)

11.2

Fresh lees

-/-

x 2

Only in dry wines. Fresh lees are sound and undiluted and contain yeasts resulting from the recent vinification of dry wine. Quantities not exceeding 5 % of the volume of product treated.

(1), (3), (4), (5), (6), (7), (8), (9), (15) and (16)

11.3

Plain caramel

E 150a / -

File 4.3 (2007)

x

To reinforce the colour as defined in point 2 of Annex I to Regulation (EC) No 1333/2008.

(3)

11.3a

Caustic sulphite caramel

E 150b / -

File 4.3 (2007)

x

To reinforce the colour as defined in point 2 of Annex I to Regulation (EC) No 1333/2008.

(3)

11.3b

Ammonia caramel

E 150c / -

File 4.3 (2007)

x

To reinforce the colour as defined in point 2 of Annex I to Regulation (EC) No 1333/2008.

(3)

11.3c

Sulphite ammonia caramel

E 150d / -

File 4.3 (2007)

x

To reinforce the colour as defined in point 2 of Annex I to Regulation (EC) No 1333/2008.

(3)

11.4

Allyl isothiocyanate

- / 57-06-7

x

Only to impregnate discs of pure paraffin. See Table 1.

No trace of allyl isothiocyanate must be present in the wine.

Only for partially fermented must for direct human consumption as such, and wine.

11.5

Inactivated yeasts

- / -

COEI-1-INAYEA

x 2

(1), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (15) and (16)

1     The year in brackets following references to a file of the OIV Code of Oenological Practices indicates the version of the file authorised by the Union as authorised oenological practices, subject to the conditions and limits of use set out in this table.

2     Substances used as processing aids as referred to in Article 20(d) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, p. 18, ELI: http://data.europa.eu/eli/reg/2011/1169/oj).).

3     The authorised oenological compounds are to be used in line with the provisions contained in the files of the OIV Code of Oenological Practices referred to in column 3 unless any further conditions and limits of use as laid down in this column apply.

4     If not applicable to all categories of wine products laid down in Part II of Annex VII to Regulation (EU) No 1308/2013.

5     The ammonium salts referred to in line 4.2, 4.3 and 4.4 may also be used in combination, up to the overall limit of 1g/l or 0,3 g/l for the second fermentation of sparkling wine. However, the ammonium salt referred to in line 4.4 may not exceed the limit referred to in line 4.4.

6    See also Article 9(2) of this Regulation.

7     When they are used as additives a referred to in point 20 of Annex I to Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (OJ L 354, 31.12.2008, p.16, ELI: http://data.europa.eu/eli/reg/2008/1333/oj).’;

(b)Appendix 10 is deleted;

(2)in Part B, Section A, point 2(c), the second indent is replaced by the following:

‘— white wines entitled to one of the following protected designations of origin: Bordeaux supérieur, Graves de Vayres, Côtes de Bordeaux-Saint-Macaire for the wines so-called ‘moelleux’, Premières Côtes de Bordeaux, Côtes de Bergerac, Côtes de Montravel, Gaillac followed by the terms ‘doux’ or ‘vendanges tardives’, Rosette, Savennières and Corrèze followed by the term ‘Vin de paille’,’.

ANNEX II

Annex III to Delegated Regulation (EU) 2019/934 is amended as follows:

(1)Section B is amended as follows:

(a)the following point is inserted after point 2:

‘2a.The list of liqueur wines bearing a protected designation of origin referred to in the second sentence of point (3)(a) of Part II of Annex VII to Regulation (EU) No 1308/2013, is set out in Section C of Appendix 1 to this Annex.’;

(b)point 5(b) is replaced by the following:

‘(b)the list of liqueur wines bearing a protected designation of origin having, notwithstanding point (3)(b) of Part II of Annex VII to Regulation (EU) No 1308/2013, a total alcoholic strength by volume of less than 17,5 % vol. but not less than 15 % vol., is set out in Section B of Appendix 2 to this Annex.’;

(c)the following point is inserted after point 5:

‘5a.When a derogation as referred to in Appendix 1 or Appendix 2 to this Annex is intended to be used only for certain products covered by the same protected designation of origin, the list of those products allowed to use the relevant derogation shall be part of the specification of that protected designation of origin.’;

(d)points 8, 9 and 10 are deleted;

(2)Appendix 1 is amended as follows:

(a)in Section A, the table referring to ‘SPAIN’ is replaced by the following:

‘Alicante, Cariñena, Condado de Huelva, Empordà, Jerez-Xérès-Sherry, Lebrija, Málaga, Montilla-Moriles, Priorato, Tarragona, Valencia.’;

(b)Section B is amended as follows: 

(i)in point 1, the list of liqueur wines bearing a protected designation of origin referring to ‘SPAIN’ is replaced by the following:

‘Condado de Huelva, Jerez-Xérès-Sherry, Lebrija, Manzanilla-Sanlúcar de Barrameda, Málaga, Montilla-Moriles, Rueda, Terra Alta.’;

(ii)in point 4, the table referring to ‘SPAIN’ is replaced by the following:

‘Condado de Huelva, Jerez-Xérès-Sherry, Málaga, Montilla Moriles.’;

(iii)in point 5, the table referring to ‘SPAIN’ is replaced by the following:

‘Alicante, Condado de Huelva, Empordà, Jerez-Xérès-Sherry, Málaga, Montilla-Moriles, Navarra.’ ;

(iv)in point 6, the table referring to ‘SPAIN’ is replaced by the following:

‘Condado de Huelva, Jerez-Xérès-Sherry, Málaga, Montilla-Moriles, Tarragona.’;

(c)the following section is added after Section B:

‘C. LIST OF LIQUEUR WINES BEARing a protected designation of origin whose actual alcoholic strength of aged wine Is not less than 14 % by volume and is less than 15 % by volume

(point 2a of Section B of this Annex)

SPAIN

Condado de Huelva, Jerez-Xérès-Sherry, Lebrija, Manzanilla-Sanlúcar de Barrameda, Málaga, Montilla-Moriles.’;

(3)Appendix 2, Section B, is amended as follows:

(a)the introductory sentence is replaced by the following:

‘List of liqueur wines bearing a protected designation of origin with a total alcoholic strength by volume of less than 17,5 % vol. but not less than 15 % vol.’;

(b)the table referring to ‘SPAIN’ is replaced by the following:

‘Condado de Huelva, Jerez-Xérès-Sherry, Lebrija, Málaga, Manzanilla-Sanlúcar de Barrameda, Montilla-Moriles, Priorato, Rueda, Tarragona.’;

(c)the table referring to ‘PORTUGAL’ is replaced by the following:

‘Porto – Port’.