Commission Delegated Regulation (EU) 2022/68 of 27 October 2021 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
Commission Delegated Regulation (EU) 2022/68of 27 October 2021amending Delegated Regulation (EU) 2019/934 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards authorised oenological practicesTHE 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 1234/2007OJ L 347, 20.12.2013, p. 671., and in particular Articles 75(2) and 80(4) thereof,Whereas:(1)Commission Delegated Regulation (EU) 2019/934Commission 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). 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)Article 2 of Delegated Regulation (EU) 2019/934 defines the wine-growing areas where wines may have a maximum total alcoholic strength of 20 % vol. The wines "Vin de pays de Franche-Comté" and "Vin de pays du Val de Loire" referred to in that Article have changed names. That Article should be amended accordingly.(3)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 supplemented to take account of technical progress, in particular in relation to resolutions adopted by the OIV in 2019, 2020 and 2021. In addition, some of the information provided in those Tables should be further clarified and its coherence should be improved.(4)To improve clarity and better inform the producers of grapevine products using authorised oenological processes, an additional column should be added in Table 1 of Part A of Annex I to Delegated Regulation (EU) 2019/934. That column should list the categories of wine products in the production of which an oenological process may be used.(5)The conditions and limits of use of the aeration or oxygenation oenological process in line item 1 of Table 1 of Part A of Annex I to Delegated Regulation (EU) 2019/934 currently authorised are too restrictive as they only allow the use of gaseous oxygen. They should refer instead to the relevant OIV files 2.1.1 and 3.5.5 which allow the use of both oxygen and air.(6)For the sake of completeness, the conditions and limits of use of the heat treatments oenological process in line item 2 of Table 1 of Part A of Annex I to Delegated Regulation (EU) 2019/934 should refer to additional OIV files which relate to heat treatments, namely files 2.3.6, 2.3.9, 3.5.4 and 3.5.10.(7)Although accepted by the OIV, cold treatments are currently not included in Table 1 of Part A of Annex I to Delegated Regulation (EU) 2019/934. Given their importance in winemaking, it is appropriate to authorise their use, subject to certain conditions, and add a new line item in that Table.(8)To improve clarity, it is appropriate to specify which inert filtering agents are authorised in line item 3 of Table 1 of Part A of Annex I to Delegated Regulation (EU) 2019/934 by referring to the relevant OIV files, namely files 2.1.11, 2.1.11.1, 3.2.2 and 3.2.2.1.(9)In line item 5 of Table 1 of Part A of Annex I to Delegated Regulation (EU) 2019/934, for the sake of consistency, the information on the categories of wine products in the production of which elimination of sulphur dioxide by physical processes may be used should be deleted from column 2 and introduced into a new column 3 of that Table.(10)Article 29 of Commission Delegated Regulation (EU) 2018/273Commission Delegated Regulation (EU) 2018/273 of 11 December 2017 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the scheme of authorisations for vine plantings, the vineyard register, accompanying documents and certification, the inward and outward register, compulsory declarations, notifications and publication of notified information, and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the relevant checks and penalties, amending Commission Regulations (EC) No 555/2008, (EC) No 606/2009 and (EC) No 607/2009 and repealing Commission Regulation (EC) No 436/2009 and Commission Delegated Regulation (EU) 2015/560 (OJ L 58, 28.2.2018, p. 1). provides that a number of treatments is to be recorded in the register referred to in Article 147(2) of Regulation (EU) No 1308/2013. That requirement is mentioned in some, but not all, relevant line items of Table 1 of Part A of Annex I to Delegated Regulation (EU) 2019/934 as well as in some Appendices to Annex I to that Regulation. To improve consistency within Delegated Regulation (EU) 2019/934, this requirement should be referred to in all relevant line items of Table 1 by adding it where it is missing and by transferring it, where appropriate, from the Appendices to Annex I. This concerns column 2 of line items 6, 10, 11, 12, 16, 17 and 18 of Table 1 and Appendices 5, 7, 8 and 10 to Annex I.(11)Points 1(b) and (c) of Section B of Part I of Annex VIII to Regulation (EU) No 1308/2013 refer to the possibility to increase by partial concentration the natural alcoholic strength of respectively grape must and wine. This oenological process is currently not included in Table 1 of Part A of Annex I to Delegated Regulation (EU) 2019/934. It is therefore appropriate to authorise it and add a new line item in that Table.(12)Resolution OIV-OENO 594A-2019 established a new oenological practice, namely the reduction of indigenous microorganisms in grapes and musts by discontinuous high pressure process. A new line item should therefore be added to Table 1 of Part A of Annex I to Delegated Regulation (EU) 2019/934.(13)Resolution OIV-OENO 594B-2020 established a new oenological practice, namely the treatment of musts by continuous high pressure processes to eliminate wild micro-organisms. A new line item should therefore be added to Table 1 of Part A of Annex I to Delegated Regulation (EU) 2019/934.(14)Resolution OIV-OENO 616-2019 established a new oenological practice, namely the treatment of crushed grapes with ultrasound to promote the extraction of their compounds. A new line item should therefore be added to Table 1 of Part A of Annex I to Delegated Regulation (EU) 2019/934.(15)Resolution OIV-OENO 634-2020 established a new oenological practice, namely the treatment of grapes by pulsed electric fields to facilitate and increase the extraction of valuable substances. A new line item should therefore be added to Table 1 of Part A of Annex I to Delegated Regulation (EU) 2019/934.(16)Resolutions OIV-OENO 614A-2020 and 614B-2020 established a new oenological practice, namely the treatment of respectively musts and wines using adsorbent styrene-divinylbenzene beads to reduce or eliminate organoleptic deviations characterised as "earthy-musty". A new line item should therefore be added to Table 1 of Part A of Annex I to Delegated Regulation (EU) 2019/934.(17)Calcium tartrate has been included by error in the Section on acidity regulators in line item 1.7 of Table 2 of Part A of Annex I to Delegated Regulation (EU) 2019/934. The OIV file 3.3.12 only refers to its property as stabilising agent. It is therefore appropriate to delete that line item from that Table.(18)Citric acid has been included in the Section on stabilising agents in line item 6.3 of Table 2 of Part A of Annex I to Delegated Regulation (EU) 2019/934. Yeasts for wine production and lactic acid bacteria have been included in the Section on fermentation agents respectively in line items 9.1 and 9.2 of that Table. In addition to their respective stabilising and fermentation properties, those oenological compounds can also modify wine acidity and taste, as specified in the relevant files of the OIV Code of Oenological Practices. It is therefore appropriate to add to the Section on acidity regulators in that Table new line items for respectively citric acid, yeasts for wine production and lactic acid bacteria.(19)Experience has shown that a number of categories of wine products mentioned in column 8 of Table 2 of Part A of Annex I to Delegated Regulation (EU) 2019/934 were missing or incorrect for some oenological compounds. This concerns line items 2.1 to 2.4, 4.1 to 4.6, 5.9, 5.11, 5.12, 5.16, 6.4, 6.11, 7.2 to 7.8 and 9.2. Column 8 of those line items should therefore be amended accordingly.(20)Sulphur dioxide, potassium bisulphite and potassium metabisulphite set out respectively in line items 2.1, 2.2 and 2.3 of Table 2 of Part A of Annex I to Delegated Regulation (EU) 2019/934 are similar compounds covered by the same OIV files. It is therefore appropriate to mention the same OIV files in column 3 of that Table and the same categories of wine products in column 8 of that Table for those three compounds.(21)Charcoal for oenological use as referred to in line item 3.1 of Table 2 of Part A of Annex I to Delegated Regulation (EU) 2019/934 and selective vegetal fibres as referred to in line item 3.2 of that Table are used rather for their adsorption than for their sequestration properties. Therefore, for clarification purposes, the name of Section 3 in that Table to which these compounds belong should be changed from "Sequestrants" to "Adsorbents".(22)Resolution OIV-OENO 633-2019 amended the objectives and prescriptions of OIV file 2.3.2 concerning fermentation activators. Column 3 of line items 4.1, 4.6 and 4.8 of Table 2 of Part A of Annex I to Delegated Regulation (EU) 2019/934 should be amended accordingly.(23)Commission Regulation (EC) No 606/2009Commission Regulation (EC) No 606/2009 of 10 July 2009 laying down certain detailed rules for implementing Council Regulation (EC) No 479/2008 as regards the categories of grapevine products, oenological practices and the applicable restrictions (OJ L 193, 24.7.2009, p. 1). laid down the conditions of use of thiamine hydrochloride by specifying that no more than 0,6 mg/l (expressed in thiamine) may be used per treatment. Delegated Regulation (EU) 2019/934, which repealed Regulation (EC) No 606/2009, maintained this requirement. However, the explicit reference to the quantitative limitation to the use of thiamine was removed since it was considered that OIV files 2.3.3 and 4.1.7 mentioned in column 3 of line item 4.5 of Table 2 of Part A of Annex I to Delegated Regulation (EU) 2019/934 provide already this information. During the first year of implementation of Delegated Regulation (EU) 2019/934, it became nevertheless clear that the combined reading of the two OIV files may lead to confusion as regards the maximum allowed quantity of thiamine. It appears possible that, in the absence of an explicit numerical reference, the separate references in file 2.3.3 (considering 0,6 mg/l as a sufficient dose for musts) and in file 4.1.7 (allowing maximum 0,6 mg/l for sparkling wines) may be understood as providing for the combined maximum limit of 1,2 mg/l. To avoid possible misinterpretation regarding the conditions of use of thiamine, it is appropriate to specify in column 7 of line item 4.5 of Table 2 of Part A of Annex I to Delegated Regulation (EU) 2019/934 the maximum quantity of 0,6 mg/l as it was the case in Regulation (EC) No 606/2009 for that compound.(24)Since 1 June 2013, bentonite is no longer authorised as food additive under Regulation (EC) No 1333/2008 of the European Parliament and of the CouncilRegulation (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).. It is therefore appropriate to delete its E number in column 2 of line item 5.9 of Table 2 of Part A of Annex I to Delegated Regulation (EU) 2019/934.(25)Resolution OIV-OENO 612-2019 replaced OIV file 2.1.7 concerning tannin addition to musts. Column 3 of line items 5.12 and 6.4 of Table 2 of Part A of Annex I to Delegated Regulation (EU) 2019/934 should be amended accordingly.(26)Resolution OIV-OENO 613-2019 replaced OIV file 3.2.6 concerning tannin addition to wines. Column 3 of line items 5.12 and 6.4 of Table 2 of Part A of Annex I to Delegated Regulation (EU) 2019/934 should be amended accordingly.(27)Regulation (EC) No 606/2009 restricted the use of chitosan in wine production to compounds derived only from Aspergillus niger. This restriction has been retained in line items 5.13 and 10.3 of Table 2 of Part A of Annex I to Delegated Regulation (EU) 2019/934. However, Commission Implementing Regulation (EU) 2017/2470Commission Implementing Regulation (EU) 2017/2470 of 20 December 2017 establishing the Union list of novel foods in accordance with Regulation (EU) 2015/2283 of the European Parliament and of the Council on novel foods (OJ L 351, 30.12.2017, p. 72). authorises in the Union list of novel foods set out in the Annex thereto the chitosan extract from fungi derived from either Agaricus bisporus or Aspergillus niger. Therefore, it is appropriate to align the references in line items 5.13 and 10.3 of that Table to the corresponding provision in Table 1 of the Annex to Implementing Regulation (EU) 2017/2470. Thus, column 1 of those line items should specify that chitosan may also derive from Agaricus bisporus.(28)The tetra-hydrate form of calcium tartrate as referred to in line item 6.2 of Table 2 of Part A of Annex I to Delegated Regulation (EU) 2019/934 is used as processing aid by the Union wine sector. However, calcium tartrate exists also in a di-hydrate form, which even if rarely used in food is authorised as food additive E 354 under Regulation (EC) No 1333/2008 and represents a substance distinct from the tetra-hydrate form. For the sake of completeness, a reference to E 354 is also currently included in line item 6.2 of Table 2 of Part A of Annex I to Delegated Regulation (EU) 2019/934. However, during the first year of implementation of Delegated Regulation (EU) 2019/934, it became clear that the di-hydrate form of calcium tartrate is not used in winemaking. In addition, Member States and the industry report that in practice the only form of calcium tartrate available on the market is the tetra-hydrate form. To clarify the use and avoid any confusion between the two forms of calcium tartrate, the reference to the food additive E 354 in column 2 of line item 6.2 of Table 2 of Part A of Annex I to Delegated Regulation (EU) 2019/934 should therefore be deleted.(29)OIV file 3.3.10 concerns the treatment of wines with potassium ferrocyanide. This file is not mentioned in column 3 of line item 6.5 of Table 2 of Part A of Annex I to Delegated Regulation (EU) 2019/934 although particularly relevant thereto. It is therefore appropriate to add a reference to this file therein.(30)Resolutions OIV-OENO 586-2019 and OIV-OENO 659-2020 amended the prescriptions of OIV file 3.3.14 concerning the treatment with cellulose gums (carboxymethylcellulose). Columns 3 and 8 of line item 6.11 of Table 2 of Part A of Annex I to Delegated Regulation (EU) 2019/934 should be amended accordingly.(31)The reference to the file COEI-1-POTASP of the International Oenological Codex of the OIV in column 4 of line item 6.13 of Table 2 of Part A of Annex I to Delegated Regulation (EU) 2019/934 is not correct. It should be replaced by a reference to the file COEI-1-POTPOL.(32)Resolution OIV-OENO 581A-2021 established a new oenological practice, namely the treatment with fumaric acid in wine to inhibit malolactic fermentation. A new line item should therefore be added to Table 1 of Part A of Annex I to Delegated Regulation (EU) 2019/934.(33)As indicated in file COEI-1-PRENZY of the International Oenological Codex of the OIV, enzymatic preparations contain many enzymatic activities, and, other than the main enzymatic activities, secondary activities are only tolerated if they are set within the technological constraint limits for manufacturing of enzymatic preparations. This distinction between main and secondary activities is currently not specified in Delegated Regulation (EU) 2019/934. It is therefore appropriate to include it in Table 2 of Part A of Annex I to that Delegated Regulation and refer to the file COEI-1-PRENZY in column 4 of line items 7.1 to 7.11.(34)Resolution OIV-OENO 682-2021 updated the files 1.13, 2.1.4, 2.1.18, 3.2.8 and 3.2.11 of the OIV Code of Oenological Practices. The reference year for these files as referred to in column 3 of Section 7 of Table 2 of Part A of Annex I to Delegated Regulation (EU) 2019/934 should therefore be amended.(35)The OIV Code of Oenological Practices lists a number of different enzymes. Not all of those are included in Table 2 of Part A of Annex I to Delegated Regulation (EU) 2019/934. In order to offer wine producers the widest possible range of enzymes to improve their wines, it is appropriate to harmonise the list of authorised enzymes in that Table with the list of accepted enzymes in the OIV Code of Oenological Practices. New line items for the enzymes arabinanase, beta-glucanase (β1-3, β1-6) and glucosidase should therefore be added in Section 7 "Enzymes" of that Table. In addition, the file COEI-1-GLYCOS of the International Oenological Codex of the OIV should be deleted from column 4 of line item 7.8 of that Table and moved to column 4 of new line item 7.11 as it refers to the enzyme numbered EC 3.2.1.21.(36)Resolutions OIV-OENO 541A-2021 and 541B-2021 established a new oenological practice, namely the use of Aspergillopepsin I to remove haze-forming proteins respectively in grape must and wine. A new line item should therefore be added to Table 1 of Part A of Annex I to Delegated Regulation (EU) 2019/934.(37)The file COEI-1-LESEAC in the OIV International Oenological Codex has been replaced by the files COEI-1-SACCHA and COEI-1-NOSACC. It is therefore appropriate to delete the reference to the file COEI-1-LESEAC in column 4 of line item 9.1 of Table 2 of Part A of Annex I to Delegated Regulation (EU) 2019/934 and replace it by a reference to the files COEI-1-SACCHA and COEI-1-NOSACC.(38)Resolution OIV-OENO 611-2019 completed OIV file 2.1.3.2.3.2 concerning de-acidification by lactic acid bacteria. This file is relevant to line item 9.2 of Table 2 of Part A of Annex I to Delegated Regulation (EU) 2019/934 and should therefore be added to column 3 thereof.(39)According to paragraph 1 of Appendix 1 to Annex I to Delegated Regulation (EU) 2019/934, the use of tartaric acid for deacidification is currently only permitted for products originating from the "Elbling" and "Weißer Riesling" vine varieties and obtained from grapes harvested in the following wine-growing areas of the northern part of wine-growing zone A: Ahr, Rheingau, Mittelrhein, Mosel, Nahe, Rheinhessen, Pfalz and Moselle luxembourgeoise. Germany informed the Commission that the cultivation of the vine varieties "Elbling" and "Weißer Riesling" is now authorised in Germany in other wine-growing areas of wine-growing zone A. The list of regions referred to in that paragraph should therefore be amended to cover all areas of wine-growing zone A in Germany.(40)Part B of Annex I to Delegated Regulation (EU) 2019/934 defines the maximum sulphur dioxide content of wines. The names of the wines "Côteaux de l’Ardèche", "Lot", "Corrèze", "Oc", "Thau" and "Allobrogie" referred to in the fourteenth indent of point A(2)(c) of that Part have been changed. In addition, Slovenia has requested to add the wine "vrhunsko vino ZGP – slamno vino (vino iz sušenega grozdja)" among the list of wines for which the maximum sulphur dioxide content may be raised up to 400 mg/l. This wine has a very high content in residual sugars, therefore requiring higher levels of sulphur dioxide to ensure its preservation. Part B of Annex I should be amended accordingly.(41)Spain has requested amendments to provisions relating to Spanish liqueur wines laid down in Annex III to Delegated Regulation (EU) 2019/934 to ensure consistency with the definition of liqueur wines as referred to in point (3) of Part II of Annex VII to Regulation (EU) No 1308/2013 and with the specifications of the wines bearing the protected designations of origin Condado de Huelva and Lebrija. Upon request of its wine producers, Spain has also asked to add the varieties Garnacha roja and Mazuela to the list of varieties as referred to in Appendix 3 to Annex III to Delegated Regulation (EU) 2019/934. It is therefore appropriate to amend the relevant Sections and Appendices to Annex III to Delegated Regulation (EU) 2019/934.(42)Part B of Appendix 1 to Annex III to Delegated Regulation (EU) 2019/934 lists the liqueur wines bearing a protected designation of origin the production of which involves the addition of the products referred to in point (3)(f) of Part II of Annex VII to Regulation (EU) No 1308/2013. Following amendments to the specifications of the wine bearing the protected designation of origin "Κουμανδαρία (Commandaria)", Cyprus has requested to add that wine to points 5 and 6 of Part B of Appendix 1 to Annex III to that Delegated Regulation. These points should be amended accordingly.(43)Delegated Regulation (EU) 2019/934 should therefore be amended accordingly,HAS ADOPTED THIS REGULATION: