Index 
 Previous 
 Next 
 Full text 
Procedure : 2007/0138(CNS)
Document stages in plenary
Document selected : A6-0477/2007

Texts tabled :

A6-0477/2007

Debates :

PV 11/12/2007 - 7
CRE 11/12/2007 - 7

Votes :

PV 12/12/2007 - 3.11
Explanations of votes
Explanations of votes

Texts adopted :

P6_TA(2007)0610

Texts adopted
WORD 652k
Wednesday, 12 December 2007 - Strasbourg Final edition
Common organisation of the market in wine *
P6_TA(2007)0610A6-0477/2007

European Parliament legislative resolution of 12 December 2007 on the proposal for a Council regulation on the common organisation of the market in wine and amending certain Regulations (COM(2007)0372 – C6-0254/2007 – 2007/0138(CNS))

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2007)0372),

–   having regard to Articles 36 and 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0254/2007),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Agriculture and Rural Development (A6-0477/2007),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

3.  Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4.  Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

5.  Instructs its President to forward its position to the Council and Commission.

Text proposed by the Commission   Amendments by Parliament
Amendment 1
RECITAL 1 A
(1a)  The European Union is the world's leading wine producer, with over one and a half million wine-producing holdings, and is both the leading exporter and consumer at international level.
Amendment 2
RECITAL 2
(2)  Wine consumption in the Community has been steadily diminishing and the volume of wine exported from the Community since 1996 has been increasing at a much slower rate than the respective imports. This has led to a deterioration of the balance between supply and demand which in turn puts producers" prices and incomes under pressure.
(2)  Despite an increase in sales of quality wines and in wine exports from the Community, total wine consumption in the Community has been steadily diminishing and, since 1996, the exported volume of certain wines has been increasing at a much slower rate than imports of wines of the same category . This has led to a deterioration in the overall balance between supply and demand for some wines, which in turn puts producers" prices and incomes under pressure.
Amendment 3
RECITAL 3
(3)  Not all the instruments currently included in Regulation (EC) No 1493/1999 have proved effective in steering the sector towards a competitive and sustainable development. The market mechanism measures, such as crisis distillation, have proved cost-inefficient to the extent that they have encouraged structural surpluses without requiring improvements in the relevant competitive structures. Moreover, some of the existing regulatory measures have unduly constrained the activities of competitive producers.
(3)  Not all the instruments currently included in Regulation (EC) No 1493/1999 have proved effective in steering the sector towards a competitive and sustainable development. Some market mechanism measures have proved cost-inefficient to the extent that they have encouraged structural surpluses without requiring improvements in the relevant competitive structures. Moreover, some of the existing regulatory measures have unduly constrained the activities of competitive producers.
Amendment 4
RECITAL 3 A (new)
(3a)  The value of the balance in hand of over 14% of Community output is in the order of EUR 5 200 000 000. That value could be realised via a targeted increase of 75 million new domestic consumers or by promoting exports to third countries, where there is an effective demand of hundreds of millions of consumers, equating to a considerable increase in revenue for the sector.
Amendment 5
RECITAL 3 B (new)
(3b)  Immediate withdrawal of the market measures under the current common organisation of the market (COM) will greatly damage the sector, for which reason there should be a transitional period between the current and the future COM.
Amendment 6
RECITAL 5
(5)  In the light of the experience gained it is therefore appropriate to fundamentally change the Community regime applying to the wine sector with a view to achieving the following objectives: increasing the competitiveness of the Community's wine producers; strengthening the reputation of Community quality wine as the best in the world; recovering old markets and winning new ones in the Community and worldwide; creating a wine regime that operates through clear, simple and effective rules that balance supply and demand; creating a wine regime that preserves the best traditions of Community wine production, reinforcing the social fabric of many rural areas, and ensuring that all production respects the environment. It is therefore appropriate to repeal Regulation (EC) No 1493/1999 and to replace it by this new Regulation.
(5)  In the light of the experience gained it is therefore appropriate to fundamentally change the Community regime applying to the wine sector with a view to achieving the following objectives: increasing the competitiveness of the Community's wine producers; strengthening the reputation of Community quality wine as the best in the world; recovering old markets and winning new ones in the Community and worldwide, having regard, in particular, to the steadily growing demand in the Asian emerging markets, which offers competition and opportunities for European wine producers ; creating a wine regime that operates through clear, simple and effective rules that balance supply and demand; creating a wine regime that preserves the best traditions of Community wine production, improving grape producers' living standards, reinforcing the social fabric of many rural areas, and ensuring that all production respects the environment. It is therefore appropriate to repeal Regulation (EC) No 1493/1999 and to replace it by this new Regulation.
Amendment 7
RECITAL 5 A (new)
(5a)  The COM in wine should create an environment which will enable the wine sector to act independently in response to market requirements, whilst taking account of the interests of consumers, the need for equal opportunities for wine-growing and processing firms within Member States and between Member States, and environmental concerns.
Amendment 8
RECITAL 9
(9)  It is important to provide for support measures which are liable to strengthen competitive structures. While those measures should be financed and defined by the Community it should be left to Member States to select the right mix for the needs of their respective constituencies, taking regional particularities into account, where necessary, as well as to integrate them into national support programmes. Member States should be responsible for the implementation of such programmes.
(9)  It is important to provide for support measures which are liable to strengthen competitive structures. While some of those measures should be financed and defined by the Community it should be left to Member States to select the right mix for the needs of their respective constituencies, taking regional particularities into account, where necessary, as well as to integrate them into national support programmes. Member States should be responsible for the implementation of such programmes.
Amendment 9
RECITAL 9 A (new)
(9a)  The annual cost of the reform is estimated at around EUR 1 300 000 000, which is equivalent to the current level of expenditure for the wine sector. This amount is to be split between the national envelopes and the measures implemented at Community level. The distribution among Member States of the budget allocated to national programmes should be calculated on the basis of the historical distribution, the area under cultivation and historical production levels .
Amendment 10
RECITAL 10
(10)  The financial key to allocating the funds for the national support programmes among Member States should be based on the historical share of the wine budget as the main criterion, the area planted with vines and the historical production.
Deleted
Amendment 11
RECITAL 10 A (new)
(10a)  The funds awarded to a given Member State's national support programmes – not including promotion measures – should not be less than the amount allocated to that Member State in 2008 for restructuring.
Amendment 12
RECITAL 11
(11)  One key measure in such programmes should be the promotion and marketing of Community wines in third countries and a certain budget amount should be reserved for that measure. Restructuring and conversion activities should continue to be covered on account of their positive structural effects on the sector. Preventive instruments such as harvest insurance, mutual funds and green harvesting should be eligible for support under the support programmes so as to encourage a responsible approach to crisis situations.
(11)  Key measures in such programmes should be promotion, the provision of information concerning the positive effects of moderate wine consumption and the harmful effects of irresponsible alcohol consumption, improved market knowledge and the marketing of Community wines, and a certain budget amount should be reserved for that measure. Restructuring and conversion activities should continue to be covered on account of their positive structural effects on the sector. Both preventive instruments and sector-development instruments designed to improve the quality of products and their marketability should be eligible for support under the support programmes so as to encourage a responsible approach to crisis situations.
Amendment 13
RECITAL 12
(12)  The financing of the eligible measures by the Community should, where practicable, be dependent on compliance by the producers concerned with certain environmental rules in force. Where non-compliance is detected it should give rise to corresponding reductions in payments.
Deleted
Amendment 14
RECITAL 13
(13)  Support to the sector should also come from structural measures under Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) .
Deleted
Amendment 15
RECITAL 14
(14)  The following measures in pursuant to Regulation (EC) No 1698/2005 should be of interest for the wine sector : setting up of young farmers and investments in technical facilities and marketing improvements, vocational training, information and promotion support for producers" organisations after entering quality scheme, agri-environment support, early retirement to be granted to farmers who decide to stop all commercial farming activity definitively for the purpose of transferring the holding to other farmers.
(14)  The following measures should be eligible measures within the framework of the national envelopes : setting up of young farmers, investments in technical facilities, marketing improvements, vocational training, information and promotion support for producers" organisations after entering a quality scheme, agri-environment support and early retirement to be granted to farmers who decide to stop all commercial farming activity definitively for the purpose of transferring the holding to other farmers.
Amendment 16
RECITAL 15
(15)  In order to increase the financial means available under Regulation (EC) No 1698/2005, a gradual transfer of funds to the budget under that Regulation should be put into place.
Deleted
Amendment 17
RECITAL 16 A (new)
(16a)  Consumer confidence in the quality of European wines is a decisive factor for the marketing of wine within the Union and in third countries . In order to safeguard this confidence, regulatory measures should focus on quality management and information.
Amendment 18
RECITAL 16 B (new)
(16b)  Promotion activities should take into account the research which has been carried out into the ingredients of wine and the effects which moderate wine consumption may have on human health.
Amendment 19
RECITAL 19
(19)  Products covered by this Regulation should be produced in accordance with certain rules on oenological practices and restrictions, which guarantee that health concerns as well as consumer expectations as regards quality and production methods are met. For reasons of flexibility, the Commission should be given the responsibility for keeping those practices updated and approving new ones except in the politically sensitive areas of enrichment and acidification, for which the Council should remain competent as regards changes.
(19)  Products covered by this Regulation should be produced in accordance with certain rules on oenological practices and restrictions, which guarantee that health concerns as well as consumer expectations as regards quality and production methods are met. It is therefore appropriate for a list of authorised oenological practices to be drawn up, and for the Council to continue to be responsible for updating those practices and approving new ones.
Amendment 20
RECITAL 21
(21)  In view of the poor quality of wine obtained from over-pressing, this practice should be prohibited.
(21)  In view of the poor quality of wine obtained from over-pressing, this practice should be prohibited, and mechanisms put in place to enforce such a prohibition .
Amendment 21
RECITAL 21 A (new)
(21a)  For reasons of environmental protection it is appropriate, albeit with certain derogations, to make it obligatory that all by-products of winemaking be sent for for distillation.
Amendment 22
RECITAL 22
(22)  In order to meet the international standards in this field, the Commission should generally base itself on the oenological practices approved by the International Organisation of Vine and Wine (OIV). These standards should also apply to Community wines to be exported regardless of more restrictive rules which may be applicable in the Community so as to not hamper Community producers in foreign markets.
Deleted
Amendment 23
RECITAL 29
(29)  Registered designations of origin and geographical indications should enjoy protection against uses which unduly take advantage of the reputation that compliant products command. So as to promote fair competition and not to mislead consumers, this protection should also affect products and services not covered by this Regulation, including those not found in Annex I to the Treaty.
(29)  Registered designations of origin and geographical indications, as well as smaller geographical units than the basic designation of origin or geographical indication, with names that differ from the designation of origin, should enjoy protection against uses which prejudice, damage or unduly take advantage of the reputation that compliant products command. So as to promote fair competition and not to mislead consumers, this protection should also affect products and services not covered by this Regulation, including those not found in Annex I to the Treaty.
Amendment 24
RECITAL 33
(33)  Existing designations of origin and geographical indications in the Community should for reasons of legal certainty be exempt from the application of the new examination procedure. The Member States concerned should, however, provide the Commission with the basic information and acts under which they have been recognised at national level failing which they should lose their protection as designations of origin or geographical indications. The scope for cancellation of existing designations of origin and geographical indications should be limited for reasons of legal certainty .
(33)  Existing designations of origin and geographical indications in the Community should for reasons of legal certainty be exempt from the application of the new examination procedure. The Member States concerned should, however, provide the Commission with the basic information and acts under which they have been recognised at national level.
Amendment 25
RECITAL 34
(34)  Protecting geographical names as designations of origin or geographical indications at national level should no longer be possible.
Deleted
Amendment 26
RECITAL 37
(37)  These rules should provide for the obligatory use of certain terms so as to identify the product in accordance with the sales categories and provide consumers with certain important items of information. The use of certain other optional pieces of information should also be addressed in the Community framework.
(37)  These rules should provide for the obligatory use of certain terms so as to identify the product in accordance with the sales categories and provide consumers with certain important items of information, including the status of the bottler . The use of certain other optional pieces of information should also be addressed in the Community framework.
Amendment 27
RECITAL 38
(38)  Save as otherwise provided, labelling rules in the wine sector should be complementary to those laid down in Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs, which apply horizontally. Experience has shown that a differentiation in terms of labelling rules according to the category of wine product is not expedient. The rules should apply to all the different categories of wine, including imported products. In particular, they should allow the indication of a wine grape variety and a vintage on wines without a designation of origin or a geographical indication, subject to requirements concerning the veracity of the labelling and the respective monitoring.
(38)  Save as otherwise provided, labelling rules in the wine sector should be complementary to those laid down in Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs, which apply horizontally. Experience has shown that a differentiation in terms of labelling rules according to the category of wine product is not expedient. The rules should apply to all the different categories of wine, including imported products.
Amendment 28
RECITAL 38 A (new)
(38a)  The description, designation and presentation of the products covered by this Regulation are a decisive factor in their marketability. As regards labelling, distinctions based on the different categories of wine should be maintained, as should a system to protect existing traditional terms, so that the product can be identified and consumers provided with certain essential items of information.
Amendment 29
RECITAL 39
(39)  The existence and formation of producers" organisations continue to have the potential to contribute to the attainment of the needs of the wine sector as defined at Community level. Their usefulness should lie in the scope and efficiency of the services they offer to their members. The same holds true for inter-branch organisations. Member States should therefore recognise organisations which meet certain requirements defined at Community level.
(39)  The existence and formation of producers" organisations may be a way by which to contribute to the attainment of the needs of the wine sector as defined at Community level. Their usefulness should lie in the scope and efficiency of the services they offer to their members. The same holds true for inter-branch organisations. Member States should therefore recognise organisations which meet certain requirements defined at Community level. However, a distinction should be drawn between the responsibilities of those two types of organisation.
Amendment 30
RECITAL 42
(42)  Monitoring trade flows is above all a matter of management which should be addressed in a flexible way. Accordingly, a decision on the introduction of licence requirements should be taken by the Commission taking account of the need for import and export licences for managing the markets concerned and, in particular, for monitoring the imports of the products in question. General conditions concerning such licences should, however, be laid down in this Regulation.
(42)  Monitoring trade flows is above all a matter of management which should be addressed in a flexible way for managing the markets concerned and, in particular, for monitoring the imports of the products in question. General conditions concerning import and export licences should, however, be laid down in this Regulation.
Amendment 31
RECITAL 43
(43)  Where provision is made for import and export licences, the lodging of a security should be required in order to guarantee that the transactions for which such licences are granted are carried out.
Deleted
Amendment 32
RECITAL 46
(46)  To ensure the proper functioning of the market in wine and, in particular, avoid market disturbances, the possibility of prohibiting the use of inward and outward processing arrangements should be provided for. In order for this type of market management instrument to be successful, it usually needs to be applied without major delays. The Commission should therefore be entrusted with the relevant powers.
(46)  To ensure the proper functioning of the market in wine and, in particular, avoid market disturbances, the possibility of prohibiting the use of inward and outward processing arrangements should be provided for.
Amendment 33
RECITAL 55
(55)  As a market balance has not yet been found, and as the accompanying measures such as the grubbing-up scheme need time to take effect, it is expedient to keep the prohibition on new plantings in place until 31 December 2013, at which juncture, however, it should de definitely lifted in order to permit competitive producers to respond freely to market conditions .
(55)  As a market balance has not yet been found, and as the accompanying measures such as the grubbing-up scheme need time to take effect, it is expedient to keep the prohibition on new plantings in place until 31 December 2013 in principle . In the course of 2012, the effectiveness of the measures agreed upon in the 2007 reform of the wine market should be assessed and a decision taken on whether to maintain or repeal the planting rules.
Amendment 34
RECITAL 55 A (new)
(55a)  Maximum flexibility should nevertheless be ensured as regards planting rights, in order to permit competitive producers to adapt freely to market conditions.
Amendment 35
RECITAL 55 B (new)
(55b)  Where there is a significant improvement in the market situation, a flexibility clause will allow the granting of additional, temporary planting rights to wine-producing holdings in the regions concerned and with the level of quality capable of recording increased sales.
Amendment 36
RECITAL 58
(58)  Furthermore, it should be possible for Member States to authorise the transfer of replanting rights to another holding, subject to strict controls, provided that this transfer is in pursuit of quality, concerns the areas intended for graft nurseries or is connected with the transfer of part of the holding. These transfers should be maintained within the same Member State.
(58)  Furthermore, it should be possible for Member States to authorise the transfer of replanting rights to another holding, subject to strict controls, provided that this transfer is in pursuit of quality, concerns the areas intended for graft nurseries or is connected with the transfer of part of the holding.
Amendment 37
RECITAL 62 A (new)
(62a)  The Commission should assess the impact of the accompanying and market restructuring measures before presenting a proposal on the liberalisation of planting rights for areas not delimited by product specifications for wines with a protected designation of origin or protected geographical indication.
Amendment 38
RECITAL 63
(63)  Production in Member States where wine production is below 25 000 hectolitres per year does not seriously affect the market balance. Those Member States should therefore be exempt from the transitional prohibition on new plantings but should also not have access to the grubbing-up scheme.
63)  Production in Member States where wine production is below 25 000 hectolitres per year does not seriously affect the market balance. Those Member States should therefore be exempt from the transitional prohibition on new plantings but should also not have access to the grubbing-up scheme, as long as their production remains below 25 000 hectolitres .
Amendments 39 and 322
RECITAL 67
(67)  In order to guarantee the responsible treatment of the grubbed-up areas, entitlement to the premium should be dependent on compliance by the producers concerned with the applicable environmental rules. Where non-compliance is detected it should give rise to a commensurate reduction of the grubbing-up premium.
Deleted
Amendment 40
ARTICLE 4, PARAGRAPH 2
2.  Member States shall be responsible for the support programmes and ensure that they are drawn up and implemented in an objective manner, taking into account the economic situation of the producers concerned and the need to avoid unjustified unequal treatment between producers.
2.  Member States shall be responsible for the implementation of the support programmes and ensure that they are drawn up and implemented in an objective manner, taking into account the economic situation of the producers concerned and the need to avoid unjustified unequal treatment between producers.
Amendment 41
ARTICLE 4, PARAGRAPH 3
3.  No support shall be granted:
Deleted
(a) for research projects and measures to support research projects;
(b) for measures covered by Regulation (EC) No 1698/2005.
Amendment 42
ARTICLE 5, PARAGRAPH 1, SUBPARAGRAPH 1
1.  Each producer Member State referred to in Annex II shall, for the first time by 30 April 2008 , submit to the Commission a draft five-year support programme containing measures in accordance with this Chapter.
1.  Each producer Member State referred to in Annex II shall, for the first time by 15 February of the year following the entry into force of this Regulation , submit to the Commission a draft five-year support programme containing measures in accordance with this Chapter.
Amendment 43
ARTICLE 5, PARAGRAPH 1, SUBPARAGRAPH 1 A (new)
Each Member State may submit a revised support programme to the Commission, up to a maximum of one year from submission of the initial programme, in the event of incompatibilities arising between the measures provided for in the initial programme that endanger the coherent implementation thereof. The revised programme shall become applicable two months after its submission.
Amendment 44
ARTICLE 5, PARAGRAPH 1, SUBPARAGRAPH 2
The support measures shall be drawn up at the geographical level which the Member States deem most appropriate. Before being submitted to the Commission the support programme shall be subject to consultation with the competent authorities and organisations at the appropriate territorial level .
The support measures shall be drawn up at the geographical level which the Member States, in cooperation with the local and regional authorities, deem most appropriate. Before being submitted to the Commission the support programme shall be subject to consultation with the competent authorities, organisations, producer groups, commercial undertakings and interprofessional bodies within this sector at regional and local level .
Amendment 45
ARTICLE 5, PARAGRAPH 1, SUBPARAGRAPH 3
Each Member State shall submit one single draft programme which may accommodate regional particularities.
Each Member State shall submit one single draft programme which may accommodate regional particularities and take particulatr account of the needs of areas (including mountain regions) where conditions are difficult for growing vines and producing wine.
Amendment 46
ARTICLE 5, PARAGRAPH 1 A (new)
1a.  Member States may, in the context of the support programmes, identify and define the role of the wine producer organisations referred to in Article 54 of this Regulation .
Amendment 47
ARTICLE 5, PARAGRAPH 2, SUBPARAGRAPH 1
2.  Support programmes shall become applicable three months after their submission to the Commission .
2.  Support programmes shall be approved by the Commission within 30 days of their submission. They shall become applicable two months after their approval .
Amendment 48
ARTICLE 5, PARAGRAPH 2, SUBPARAGRAPH 2
However, if the submitted programme does not comply with the conditions laid down in this Chapter, the Commission shall inform the Member State thereof. In such case, the Member State shall submit a revised programme to the Commission. The revised programme shall become applicable two months after its notification unless an incompatibility persists in which case this subparagraph shall apply.
However, if the submitted programme does not comply with the conditions laid down in this Chapter, the Commission shall inform the Member State thereof within 30 days . In such case, the Member State shall submit a revised programme to the Commission. The revised programme shall become applicable one month after its approval by the Commission, unless an incompatibility persists in which case this subparagraph shall apply.
Amendment 49
ARTICLE 7, PARAGRAPH 1
Support programmes shall contain measures of promotion on third-country markets in accordance with Article 9.
Support programmes shall contain measures of promotion and knowledge of markets in accordance with Article 9.
Amendment 50
ARTICLE 7, PARAGRAPH 2, POINT (A A) (new)
(aa) restructuring of the sector;
Amendment 51
ARTICLE 7, PARAGRAPH 2, POINT (A B) (new)
(ab) crisis prevention;
Amendment 52
ARTICLE 7, PARAGRAPH 2, POINT (D A) (new)
(da) research and development;
Amendment 53
ARTICLE 7, PARAGRAPH 2, POINT (D B) (new)
(db) cultivation practices and environmental standards;
Amendment 54
ARTICLE 7, PARAGRAPH 2, POINT (D C) (new)
(dc) improvement of grape and wine quality.
Amendment 55
ARTICLE 7, PARAGRAPH 2, POINT (D D) (new)
(dd) private storage of wines, alcohols and musts;
Amendment 56
ARTICLE 7, PARAGRAPH 2 A (new)
A producer shall be eligible for more than one measure during the same campaign.
Member States may, with the agreement of the Commission, include new measures in their support programmes;
Amendment 57
ARTICLE 8, PARAGRAPH 1 A (new)
1a.  The amount fixed on the basis of Paragraph (1) – not including promotion measures – should not be less than the amount allocated to the Member State in question in 2008 for restructuring.
Amendment 58
ARTICLE 9, TITLE
Promotion on third-country markets
Promotion and knowledge of markets
Amendment 59
ARTICLE 9, PARAGRAPH 1
1.  Support under this Article shall cover information or promotion measures concerning Community wines in third countries , thereby improving their competitiveness in those countries.
1.  Support under this Article shall cover information or promotion measures concerning Community wines, thereby improving their competitiveness:
(a) on the internal market;
(b) in third countries.
Amendment 60
ARTICLE 9, PARAGRAPH 2
2.  The measures referred to in paragraph 1 shall relate to wines with a protected designation of origin or geographical indication or wines with an indication of the wine grape variety .
2.  The measures referred to in paragraph 1 shall relate to wines with a protected designation of origin and wines with a protected geographical indication. In the case of other wines intended for consumption, paragraph 1, point (a) alone shall apply.
Amendment 61
ARTICLE 9, PARAGRAPH 2 A (new)
2a.  The measures referred to in paragraph 1 may consist of:
(a) measures to promote responsible wine consumption and information on the product and its characteristics;
(b) measures to improve knowledge of the market to enable its development and ensure better information for operators.
Those measures may be conducted by inter-branch organisations within the meaning of Article 55, or by any other equivalent representative body.
(c) promotion and publicity measures fostering recognition of designations of origin and geographical indications, emphasising quality, environmental safety and environmental protection.
Amendment 62
ARTICLE 9, PARAGRAPH 3, INTRODUCTORY PHRASE
3.  The measures referred to in paragraph 1 may consist of :
3.  The measures referred to in paragraph 1(b) may cover :
Amendment 63
ARTICLE 9, PARAGRAPH 3, POINT (A)
(a) public relations, promotional or publicity measures, in particular highlighting the advantages of the Community products, especially in terms of quality, food safety or environmental friendliness;
(a) public relations, promotional or publicity measures, in particular highlighting the advantages of the Community products and their indications of origin and brands , especially in terms of quality, health benefits, food safety or environmental friendliness;
Amendment 64
ARTICLE 9, PARAGRAPH 3, POINT (B)
(b) participation at events, fairs or exhibitions of international importance;
(b) participation at events, fairs or exhibitions of international importance, whether on an individual or a collective basis ;
Amendment 65
ARTICLE 9, PARAGRAPH 3, POINT (C)
(c) information campaigns, in particular on the Community systems covering designations of origin, geographical indications and organic production;
(c) information campaigns, in particular on the Community systems covering designations of origin, geographical indications, organic production and the labelling of wines ;
Amendment 66
ARTICLE 9, PARAGRAPH 3, POINT (C A) (new)
(ca) support programmes for the protection of wine geographical indications at international level, and measures and studies relating to combating grapevine product counterfeiting in third countries and technical and plant-health obstacles;
Amendment 67
ARTICLE 9, PARAGRAPH 3, POINT (D)
(d) studies of new markets, necessary for the expansion of market outlets;
(d) studies of markets to be recaptured or developed and of new markets, necessary for the expansion of market outlets;
Amendment 68
ARTICLE 9, PARAGRAPH 3, POINT (E A) (new)
(ea) educational measures based on scientific studies into the beneficial effects of moderate wine consumption and actions designed to promote responsible wine consumption and to provide information concerning the product and its characteristics, backed up by relevant scientific studies;
Amendment 69
ARTICLE 9, PARAGRAPH 3, POINT (E B) (new)
(eb) actions designed to improve knowledge of the market in order to allow development and to ensure that operators are better informed.
Amendment 70
ARTICLE 9, PARAGRAPH 3 A (new)
3a.  The support shall be granted primarily to those measures which are carried out on the basis of partnerships between EU operators.
Amendment 71
ARTICLE 9, PARAGRAPH 4
4.  The Community contribution to promotion activities shall not exceed 50% of the eligible expenditure.
4.  The Community contribution to promotion activities shall not exceed 50% of the eligible expenditure. In regions classified as convergence regions in accordance with Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund 1 , the Community share of the costs of promotion shall not exceed 75%.
However, that share may rise to 100% in the case of programmes designed to protect geographical indications at international level and programmes involving actions or studies relating to the combating of wine-product counterfeiting in third countries and the removal of technical and plant-health obstacles.
_______________
1. OJ L 210, 31.7.2006, p. 25. Regulation as amended by Regulation (EC) 1989/2006 (OJ L 411, 30.12.2006, p. 6).
Amendment 72
ARTICLE 9, PARAGRAPH 5
5.  Member States shall reserve at least the Community funds laid down in Annex II for the promotion measure on third-country markets. Funds thus reserved shall not be available for other measures.
5.  Member States shall reserve at least the Community funds laid down in Annex II for promotion and market knowledge measures relating to EU and third-country markets. Funds thus reserved shall not be available for other measures.
Amendment 73
ARTICLE 9, PARAGRAPH 5 A (new)
5a.  For wines produced in areas where cultivation and production conditions are difficult (including mountain regions), suitable specific measures shall be implemented, after being defined with the regional and local authorities in those areas.
Amendment 74
ARTICLE 10, PARAGRAPH 3, SUBPARAGRAPH 1A (new)
The normal renewal of vineyards which have come to the end of their natural life in areas covered by protected designations of origin or protected geographical indications may be granted support up to a maximum of 50% of the values referred to in paragraph 6.
Amendment 75
ARTICLE 10, PARAGRAPH 3, SUBPARAGRAPH 2
The normal renewal of vineyards which have come to the end of their natural life shall not be supported.
Deleted
Amendment 76
ARTICLE 10, PARAGRAPH 5, POINT (A)
(a) notwithstanding the provisions of Chapter II of Title V, the permission for the co-existence of both old and new vines for a fixed period which shall not exceed three years, until the end of the transitional regime concerning planting rights, that is 31 December 2013, at the latest ;
(a) notwithstanding the provisions of Chapter II of Title V, the permission for the co-existence of both old and new vines for a fixed period which shall not exceed three years;
Amendment 77
ARTICLE 10 A (new)
Article 10a
Restructuring of the sector
1.  The measures in support of restructuring of the sector are aimed at fostering synergies between operators to make wine producers more competitive by way of structural development.
2.  The granting of support is conditional on the submission of development projects under the support programme regarding one or more of the following activities:
(a) development of complex and multiregional systems of supply;
(b) sharing between undertakings of genuine operational and strategic services;
(c) management of facilities and production phases;
(d) development of market knowledge and protection;
(e) development of innovations.
(f) grouping of products offered and restructuring of downstream enterprises;
3.  Support for restructuring measures shall be provided in the form of a contribution to the actual costs of implementing the activities and shall not exceed 50% of those costs. In regions classified as convergence regions in accordance with Regulation (EC) No 1083/2006, the Community contribution to the costs of promotion shall not exceed 75%.
Amendment 78
ARTICLE 10 B (new)
Article 10b
Crisis prevention
1.  Crisis prevention means all the cultivation, agricultural or oenological practices intended to curb the quantities of grapes produced or reduce grape to wine processing yields.
2.  Support for crisis prevention measures may consist of the granting of compensation in the form of a payment proportionate to the reduction in the quantities of grapes or wine produced as a result of the use of an identified practice.
3.  Each Member State, on the basis of its specific characteristics, shall select the practices best suited to achieving those objectives. Implementing measures adopted in accordance with the procedure referred to in Article 104 shall set out, in particular, the maximum aid levels and eligible practices.
Amendment 79
ARTICLE 11, PARAGRAPH 1
1.  For the purposes of this Article, green harvesting means the total destruction or removal of grape bunches while still in their immature stage, thereby reducing the yield of the relevant parcel to zero.
1.  For the purposes of this Article, green harvesting means the total destruction or removal of grape bunches while still in their immature stage, thereby reducing the yield of the relevant area to zero.
Amendment 80
ARTICLE 11, PARAGRAPH 2
2.  Support for green harvesting shall contribute to restoring the balance of supply and demand in the market in wine in the Community in order to prevent market crises.
2.  Support for green harvesting shall contribute to restoring the balance of supply and demand in the market in wine in the Community in order to prevent market crises and to obtaining higher quality products .
Amendment 81
ARTICLE 11, PARAGRAPH 3, SUBPARAGRAPH 2
The payment shall not exceed 50% of the sum of the direct costs of the destruction or removal of grape bunches and the loss of revenue related to the destruction or removal of grape bunches.
The payment shall not exceed 75% of the sum of the direct costs of the destruction or removal of grape bunches and the loss of revenue related to the destruction or removal of grape bunches.
Amendment 82
ARTICLE 11, PARAGRAPH 4 A (new)
4a.  The Member States concerned shall introduce monitoring measures to be implemented in respect of all applicants.
Amendment 83
ARTICLE 13 A (new)
Article 13a
Research and development
1.  Support for research and development shall be geared towards funding for research measures to improve market knowledge and product quality, focusing in particular on traceability, the environmental impact of production, health security, typical character and genetic improvement.
2.  The Community contribution to research and development projects shall not exceed 50% of the costs.
Amendment 84
ARTICLE 13 B (new)
Article 13b
Agricultural cultivation practices and environmental standards
1.  Specific agricultural practices, together with environmental, phytosanitary and other standards, shall be established for all wine types.
The purpose of these practices and standards is to contribute to environmental protection, the monitoring of primary production, the limiting of yield potential and improved quality.
2.  Funding shall be granted to wine producers complying with the above practices and standards, primarily in the form of payments per hectare in respect of areas meeting the above requirements.
3.  The above practices and standards shall be established at Community level and subsequently set out in more detail on the basis of the particular circumstances prevailing in the Member States and regions.
4.  The monitoring and, where applicable, the management of the programmes in respect of compliance with wine producers" obligations under this Article shall primarily be the task of organisations within the sector, insofar as the Member States consent to this.
5.  The level of funding under paragraph 2 and the rules for implementation of this Article shall be established in accordance with the procedure referred to in Article 104.
Amendment 85
ARTICLE 13 C (new)
Article 13c
Improvement of grape and wine quality
1.  Improvement of grape quality means any cultivation or agricultural practices that result in production quality improvements assessable on the basis of objective criteria.
2.  Improvement of wine quality means any measure aimed at improving the quality of wine intended for sale, ensuring alternative market outlets for grapevine products and, in particular, the supplying of the alimentary alcohol industry, which traditionally uses those products for the manufacture of its own products.
3.  Support for quality improvement measures may consist of the granting of flat rate compensation.
4.  Support for grape quality improvement measures shall apply to vines from which wine with a designation of origin or geographical indication is produced .
5.  The implementing measures shall be adopted in accordance with the procedure referred to in Article 104 and shall set out, in particular, the maximum aid levels, admissible practices and alternative outlets.
6.  Member States shall, on the basis of their specific characteristics, identify the practices best suited to achieving these objectives and set the levels of payments granted, in the light of the direct costs of implementing the practice concerned .
Amendment 86
Article 13d
Private storage of wines, alcohols and musts
1.  An aid scheme shall be applied for the private storage of wines, alcohols and must.
2.  The granting of aid for storage shall require the signing of a storage contract between the wine, alcohol and must producers concerned and the intervention organisations. The contracts shall be concluded between 16 December and 15 February for the subsequent year, for a term that expires, at the latest, on 30 November and, at the earliest, on :
  1 August for musts;
  1 September for wines.
3.  The Commission shall submit a report on the implementation of the private storage measure and proposals concerning its extension, adaptation or withdrawal.
Amendment 87
ARTICLE 14
Article 14
Cross-compliance
Deleted
Where farmers are found to not have complied on their holding, at any time during five years from payment under the support programmes for restructuring and conversion or at any time during one year from payment under the support programmes for green harvesting, with the statutory management requirements and the good agricultural and environmental condition referred to in Articles 3 to 7 of Regulation (EC) No 1782/2003, the amount of the payment shall, where non-compliance is the result of an action or omission directly imputable to the farmer, be reduced or cancelled, partially or wholly depending on the severity, extent, permanence and repetition of the non-compliance, and the farmer shall, where applicable, be ordered to reimburse it in accordance with the conditions set out in the said provisions.
Rules shall be determined in accordance with the procedure referred to in Article 144(2) of Regulation (EC) No 1782/2003 as regards partial or whole reduction or recovery of the support by the Member State concerned.
Amendment 88
ARTICLE 15, PARAGRAPH 1 A (new)
1a.  The reports referred to in paragraph 1 shall, where appropriate, be accompanied by proposals for adjustments to the support programmes, where adequately justified, with a view to increasing their effectiveness.
Amendment 89
ARTICLE 17
Article 17
Financial transfer to rural development
Deleted
1.  As from the budget year 2009, the amounts fixed in paragraph 2, based on historical expenditure under Regulation (EC) No 1493/1999 for intervention to regulate agricultural markets as referred to in Article 3(1)(b) of Regulation (EC) No 1290/2005, shall be available as additional Community funds for measures in wine-producing regions under the rural development programming financed under Regulation (EC) No 1698/2005.
2.  The following amounts shall be available in the given calendar years:
-  2009: EUR 100 million,
-  2010: EUR 150 million,
-  2011: EUR 250 million,
-  2012: EUR 300 million,
-  2013: EUR 350 million,
from 2014 onwards: EUR 400 million.
3.  The amounts set in paragraph 2 shall be allocated among Member States in accordance with Annex III.
Amendment 90
TITLE II A (new), ARTICLE 17 A (new)
TITLE II A
MARKET MECHANISMS
Article 17a
Aids for specific use
Aid is hereby established to support the use of:
(a) concentrated grape musts;
(b) rectified concentrated grape musts;
produced in the Community, when they are used in order to increase the alcoholic strengths of wine products for which such increases are authorised within the meaning of this Regulation.
Amendment 91
ARTICLE 19, PARAGRAPH 2, SUBPARAGRAPH 2
The Commission may decide to add categories of grapevine products to the ones listed in Annex IV.
Deleted
Amendment 92
ARTICLE 20
This Chapter lays down the authorised oenological practices and the applicable restrictions as well as the procedure whereby the Commission may decide on practices and restrictions applying to the production and commercialisation of products covered by this Regulation.
This Chapter lays down the authorised oenological practices and the applicable restrictions for the preparation of products covered by this Regulation
Amendment 93
ARTICLE 21, PARAGRAPH 1, SUBPARAGRAPH 1
1.  Only oenological practices authorised under Community law shall be used in the production in the Community of products covered by this Regulation.
1.  Only the practices, oenological processes and restrictions set out in Annexes IVA, V and VI shall be used in the production in the Community of products covered by this Regulation
Amendment 94
ARTICLE 21, PARAGRAPH 2
2.  Authorised oenological practices shall only be used for the purposes of ensuring proper vinification, proper preservation or proper refinement of the product.
2.  Authorised oenological practices shall only be used for the purposes of ensuring, in accordance with traditional European production methods, proper vinification, proper preservation or proper refinement of the product.
Amendment 95
ARTICLE 21, PARAGRAPH 2 A (new)
2a.  If genetically modified yeast is used in the production of a wine, this shall be made clear to the final consumer by including on the packaging the words 'produced using genetically modified organisms'.
Amendment 96
ARTICLE 21, PARAGRAPH 5
5.  However, the oenological practices and restrictions recognised by the International Organisation of Vine and Wine (OIV), and not the authorised Community oenological practices and restrictions, shall apply to products covered by this Regulation which are produced for export.
Deleted
Producers shall report such production to Member States, which shall check compliance with the export requirement.
Amendment 97
ARTICLE 23, PARAGRAPH 1
1.   Except for the oenological practices concerning enrichment, acidification and de-acidification listed in Annex V and the restrictions listed in Annex VI, the authorisation of oenological practices and restrictions as regards the production and conservation of products covered by this Regulation shall be decided in accordance with the procedure referred to in Article 104(1) .
1.  The oenological practices and processes concerning enrichment, acidification and de-acidification are listed in Annex V .
Amendment 98
ARTICLE 23, PARAGRAPH 1 A (new)
1a.  The rules concerning sulphur dioxide content, maximum volatile acid content and authorised oenological practices and processes, and the rules concerning the production of liqueur wine, sparkling wine and quality sparkling wine, shall be established by the Commission, in accordance with the procedure referred to in Article 45.
Amendment 99
ARTICLE 23, PARAGRAPH 2
Member States may allow the experimental use of unauthorised oenological practices under conditions to be determined in accordance with the procedure referred to in Article 104(1).
Deleted
Amendment 100
ARTICLE 24
Article 24
Deleted
Authorisation criteria
When authorising oenological practices in accordance with the procedure referred to in Article 104(1), the Commission shall:
(a) base itself on the oenological practises recognised by the OIV as well as on the results of experimental use of as of yet unauthorised oenological practices;
(b) take into account the protection of human health;
(c) take into account possible risks of consumers being misled due to their established expectations and perceptions, having regard to the availability and feasibility of informational means to exclude such risks;
(d) allow the preservation of the natural and essential characteristics of the wine and not cause a substantial change in the composition of the product concerned;
(e) ensure an acceptable minimum level of environmental care;
(f) respect the general rules concerning oenological practices and restrictions laid down respectively in Annexes III and IV.
Amendment 101
ARTICLE 26, PARAGRAPH 1
Detailed rules for the implementation of this Chapter and Annexes III and IV shall be adopted in accordance with the procedure referred to in Article 104(1).
Detailed rules for the implementation of this Chapter and Annexes IVA, V and VI shall be adopted in accordance with the procedure referred to in Article 104(1).
Amendment 102
ARTICLE 26, PARAGRAPH 2, POINT (A)
(a) authorised oenological practices and restrictions concerning sparkling wines;
Deleted
Amendment 103
ARTICLE 26, PARAGRAPH 2, POINT (B)
(b) authorised oenological practices and restrictions concerning liqueur wines;
Deleted
Amendment 104
ARTICLE 26, PARAGRAPH 2, POINT (D)
(d) where Community rules on that matter do not exist, the purity and identification specification of substances used in oenological practices;
(d) the purity and identification specification of substances used in oenological practices, limits and certain conditions on the use of the oenological practices and processes referred to in Annexes IVA and V;
Amendment 105
ARTICLE 26, PARAGRAPH 2, POINT (E)
(e) administrative rules for carrying out the oenological practices authorised ;
(e) administrative rules for carrying out the oenological practices, decisions, exemptions, derogations, conditions and lists referred to in Annexes IVA and V;
Amendment 106
ARTICLE 26, PARAGRAPH 2, POINT (G A) (new)
(ga) the oenological practices and processes authorised for wines produced in accordance with the provisions implementing Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products 1 .
_____________
1 OJ L 189, 20.7.2007, p. 1.
Amendment 107
TITLE III, CHAPTER II A (new), ARTICLE 26 A (new)
Chapter IIA
Quality and diversification measures
Article 26a
By-products of winemaking
1.  The overpressing of grapes, whether or not crushed, and the pressing of wine lees shall be prohibited. The refermentation of grape marc for purposes other than distillation shall be prohibited.
2.  Any natural or legal person or group of persons having made wine shall deliver for distillation all the by-products of the vinification, strictly construed .
3.  The quantity of alcohol contained in the by-products must be at least equal to 10% in relation to the volume of alcohol contained in the wine produced if the wine has been made directly from grapes. Save in the case of derogations for technically justified cases, it may not be less than 5% where the wine has been made by vinification of grape musts, partially fermented grape musts or new wines in fermentation.
Should the relevant percentage not be reached, persons under an obligation to distill shall deliver a quantity of wine from their own production, thus ensuring attainment of that percentage.
Member States my establish derogations from paragraph 2 and the first subparagraph of this paragraph for certain categories of producers and production regions. Those derogations shall, in particular, provide for monitored disposal, subject to conditions to be determined, of the by-products of processing and vinification, composting or any other ecologically accertable method of disposal .
4.  The distillation obligation set out in paragraph 2 may instead be satisfied by delivery of the products referred to in paragraph 3, and where necessary of wine, to persons other than distillers, the list of which shall be drawn up in accordance with the procedure referred to in Article 104.
5.  Persons and bodies subject to the obligations referred to in paragraph 2 may discharge those obligations by the withdrawal of the by-products of vinification, under supervision and subject to conditions to be determined.
6.  The distiller may be eligible for aid for the collection and processing of the by-products. The detailed rules on that aid shall be set out in the implementing regulation.
7.  In years when climatic conditions have been exceptional and, despite regulatory agricultural measures to prevent surpluses, very high levels of production are anticipated, bringing with them the danger of serious market disruption, the alcohol content of the by-products may be increased, in accordance with the procedure referred to in Article 104, so as to avoid surplus production entering the market. Such an increase may be applied in specific Member States or regions in response to market conditions.
In such cases, flat-rate aid shall be granted to producers.
8.  Under no circumstances may the alcohol obtained from such distillation be destined for human consumption.
Amendment 108
TITLE III, CHAPTER II A (new), ARTICLE 26 B (new)
Article 26b
Processing aid
1.  The Community may establish aid for the processing of wine to be used in food products. The purpose of that aid shall be to support the wine market and hence the potable-alcohol sector in cases where the use of such alcohol is traditional and there is a market outlet.
2.  The aid shall be distributed by means of a system of contracts concluded between wine producers and manufacturers. A minimum price to be paid by manufacturers to wine producers shall be set.
3.  The terms and conditions governing that aid shall be laid down in accordance with the procedure referred to in Article 104.
Amendment 109
ARTICLE 27
1.  For the purposes of this Regulation, the following definitions shall apply:
1.  For the purposes of this Regulation, the following definitions shall apply:
(a) "designation of origin" means the name of a region, a specific place or, in exceptional cases, a country used to describe a wine, a liqueur wine, a sparkling wine, an aerated sparkling wine , a semi sparkling wine or a wine of overripe grapes that complies with the following requirements:
(a) "designation of origin" means the name of a region, a specific place or, in exceptional cases, a geographically small Member State , used to describe a wine, a liqueur wine, a sparkling wine, a semi sparkling wine, a wine of sun-dried grapes or a wine of overripe grapes originating from that region, specific place or, in exceptional cases, Member State that complies with the following requirements:
(i) its quality and characteristics are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors;
(i) its quality and characteristics are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors;
(ii) the grapes from which it is produced come exclusively from this geographical area;
(ii) the grapes from which it is produced come exclusively from this geographical area;
(iii) it is obtained from vine varieties belonging to Vitis vinifera .
(iii) it is obtained from vine varieties belonging to Vitis vinifera .
(iiia) its production, including processing, preparation and, where appropriate, refining and bottling, take place in the defined geographical area.
(b) "geographical indication" means an indication referring to a region, a specific place or, in exceptional cases, a country , used to describe a wine, a liqueur wine, a sparkling wine, an aerated sparkling wine, a semi sparkling wine or a wine of overripe grapes which complies with the following requirements:
(b) "geographical indication" means an indication referring to a region or, in exceptional cases, a geographically small Member State , or a specific place , used to describe a wine, a liqueur wine, a sparkling wine, a wine of sun-dried grapes or a wine of overripe grapes originating from that region, specific place or, in exceptional cases, Member State which complies with the following requirements:
(i) its quality, characteristics or reputation are essentially attributable to its geographical origin;
(i) its quality, characteristics or reputation are essentially attributable to its geographical origin;
(ii) at least 85% of the grapes used for its production come exclusively from this geographical area;
(ii) at least 85% of the grapes used for its production come exclusively from this geographical area;
(iii) it is obtained from vine varieties belonging to Vitis vinifera or a cross between the Vitis vinifera species and other species of the genus Vitis .
(iii) it is obtained from vine varieties belonging to Vitis vinifera;
(iiia) its production, including processing, preparation and, where appropriate, refining and bottling, take place in the defined geographical area.
1a.  Notwithstanding paragraph 1(a), points (iiia) and (b)(iiia), subject to certain conditions, wine with a designation of origin or a geographical indication may be obtained or produced in an area in immediate proximity to the defined geographical area, where this has been expressly authorised by the Member State concerned .
2.  Traditional names shall be considered as a designation of origin where they:
2.  Traditional names shall be considered as a designation of origin where they:
(a) designate a wine;
(a) designate a wine;
(b) refer to a geographical name;
(b) refer to a geographical name;
(c) fulfil the conditions referred to in points (i) to (iii) of paragraph 1(a).
(c) fulfil the conditions referred to in points (i) to (iiia ) of paragraph 1(a).
3.  Designations of origin and geographical indications, including those relating to geographical areas in third countries, shall be eligible for protection in the Community in accordance with the rules laid down in this Chapter.
3.  Designations of origin and geographical indications, including those relating to geographical areas in third countries, shall be eligible for protection in the Community in accordance with the rules laid down in this Chapter.
3a.  Producer Member States may, taking due account of fair and traditional practices, lay down all additional or more rigorous requirements or production, preparation and movement conditions for wines with protected designations or origin or geographical indications.
Amendment 110
ARTICLE 28, PARAGRAPH 1, POINT (A)
(a) the name to be protected:
(a) the name to be protected, together with the traditionally named smaller geographical units which together designate the origin ;
Amendment 111
ARTICLE 28, PARAGRAPH 2, SUBPARAGRAPH 2, INTRODUCTORY PART
It shall consist of:
It shall consist of at least :
Amendment 112
ARTICLE 28, PARAGRAPH 2, SUBPARAGRAPH 2, POINT (-A) (new)
-(a) the name to be protected;
Amendment 113
ARTICLE 28, PARAGRAPH 2, SUBPARAGRAPH 2, POINT (A)
(a) a description of the wine and its principal physical, chemical, microbiological and organoleptic characteristics;
(a) a description of the wine or wines and, where necessary, its or their principal physical, chemical, microbiological or organoleptic characteristics;
Amendment 114
ARTICLE 28, PARAGRAPH 2, SUBPARAGRAPH 2, POINT (A A) (new)
(aa) cultivation practices;
Amendment 115
ARTICLE 28, PARAGRAPH 2, SUBPARAGRAPH 2, POINT (A B) (new)
(ab) vinification method and specific oenological practices used in wine-making;
Amendment 116
ARTICLE 28, PARAGRAPH 2, POINT (C)
(c) the demarcation of the geographical area concerned;
(c) the demarcation of the geographical grape production, winemaking, preparation, refining and bottling area concerned;
Amendment 117
ARTICLE 28, PARAGRAPH 2, SUBPARGRAPH 2, POINT (E)
(e) an indication of the vine variety or varieties the wine is obtained from;
(e) an indication of the vine variety or varieties the wine or wines is or are obtained from;
Amendment 118
ARTICLE 28, PARAGRAPH 2, POINT (F)
(f) the details bearing out the link with the quality, the reputation or the characteristics and the geographical environment or the geographical origin ;
(f) the details substantiating :
(i) the link between the quality or characteristics of the wine and the geographical environment referred to in Article 27(1)(a) or, as the case may be;
(ii) the link between a specific quality, the reputation or other characteristic of the wine and the geographical origin referred to in Article 27(1)(b);
Amendment 119
ARTICLE 28, PARAGRAPH 2, POINT (F A) (new)
(fa) any requirements relating to the manufacture, fastenings and materials, capacities and typology of the containers;
Amendment 120
ARTICLE 28, PARAGRAPH 2, POINT (F B) (new)
(fb) any logotypes identifying the designation, use of which in the labelling may be compulsory or optional;
Amendment 121
ARTICLE 30, PARAGRAPH 1
1.  Any interested group of producers, or in exceptional cases a single producer, may apply for the protection of a designation of origin or geographical indication. Other interested parties may participate in the application.
1.  Any interested group representing producers, or in exceptional cases a single producer, may apply for the protection of a designation of origin or geographical indication. Other interested parties may participate in the application. The representativeness of the interested group shall be properly documented.
Amendment 122
ARTICLE 30, PARAGRAPH 3 A (new)
3a.  Applications for trans-border designations of origin or geographical indications shall be submitted in the Member State where the largest part of the relevant territory is situated.
Amendment 123
ARTICLE 31, PARAGRAPH 3
3.  The Member State shall examine the application for protection as to whether it meets the conditions set out in this Chapter.
3.  The Member State shall examine the application for protection, by appropriate means, to determine whether it is justified and meets the conditions set out in this Chapter.
The Member State shall carry out a national procedure ensuring adequate publication of the application and providing for a period of at least two months from the date of publication within which any natural or legal person having a legitimate interest and established or resident on its territory may object to the proposed protection by lodging a duly substantiated statement with the Member State.
The Member State shall carry out a national procedure ensuring adequate publication of the application and providing for a reasonable period from the date of publication within which any natural or legal person having a legitimate interest and established or resident on its territory may object to the proposed protection by lodging a duly substantiated statement with the Member State.
Amendment 124
ARTICLE 32, PARAGRAPH 2
2.  The Commission shall examine whether the applications for protection referred to in Article 31(7) meet the conditions laid down in this Chapter.
2.  The Commission shall examine by appropriate means the applications referred to in Article 31(7) to check that such applications are justified and meet the conditions laid down in this Chapter. Such examinations shall be completed within 12 months.
Amendment 125
ARTICLE 33, PARAGRAPH 1
Within two months from the date of publication provided for in the first subparagraph of Article 32(3), any Member State or third country, or any natural or legal person having a legitimate interest, established or resident in a Member State other than that applying for the protection or in a third country, may object to the proposed protection by lodging a duly substantiated statement with the Commission.
Within six months from the date of publication provided for in the first subparagraph of Article 32(3), any Member State or third country, or any natural or legal person having a legitimate interest, established or resident in a Member State other than that applying for the protection or in a third country, may object to the proposed protection by lodging a duly substantiated statement with the Commission.
Amendment 126
ARTICLE 33, PARAGRAPH 2
In the case of natural or legal persons established or resident in a third country, such statement shall be lodged, either directly or via the authorities of the third country concerned, within the time limit of two months referred to in the first paragraph.
In the case of natural or legal persons established or resident in a third country, such statement shall be lodged, either directly or via the authorities of the third country concerned, within the time limit referred to in the first paragraph.
Amendment 127
ARTICLE 35, PARAGRAPH 1
1.  A name which is homonymous with a protected designation of origin or geographical indication shall be eligible for protection as a designation of origin or geographical indication, provided it is sufficiently differentiated from the protected name so as to ensure that consumers are not misled as to the true geographical origin of the wines in question .
1.  A name which is homonymous with a protected designation of origin or geographical indication shall be eligible for protection as a designation of origin or geographical indication, provided that, in accordance with the procedure referred to in Article 45, the practical conditions have been established which, by introducing appropriate differentiating elements, enable the producers concerned to receive equal treatment and consumers not to be misled.
Amendment 128
ARTICLE 37, PARAGRAPH 1, SUBPARAGRAPH 1
1.  Where a designation of origin or a geographical indication is protected under this Regulation, the registration of a trademark corresponding to one of the situations referred to in Article 38(2) and relating to a product falling under one of the categories listed in Annex IV shall be refused if the application for registration of the trademark is submitted after the date of submission of the application for protection of the designation of origin or geographical indication to the Commission and the designation of origin or geographical indication is subsequently protected.
1.  Where a designation of origin or a geographical indication is protected under this Regulation, the registration of a trademark corresponding to one of the situations referred to in Article 38(2) and relating to a product falling under one of the categories listed in Annex IV shall be refused if the application for registration of the trademark is submitted after the date of submission of the application for protection of the designation of origin or geographical indication to the Member State and the designation of origin or geographical indication is subsequently protected.
Amendment 129
ARTICLE 37, PARAGRAPH 2
2.  Without prejudice to Article 36(2), a trademark the use of which corresponds to one of the situations referred to in Article 38(2), which has been applied for, registered or established by use, if that possibility is provided for by the legislation concerned, in the territory of the Community before the date on which the application for protection of the designation of origin or geographical indication is submitted to the Commission, may continue to be used and renewed notwithstanding the protection of a designation of origin or geographical indication, provided that no grounds for the trademark's invalidity or revocation exist as specified by Council Directive 89/104/EEC or Council Regulation (EC) No 40/94.
Deleted
In such cases the use of the designation of origin or geographical indication shall be permitted alongside the relevant trademarks.
Amendment 130
ARTICLE 38, PARAGRAPH 1
1.  Protected designations of origins and geographical indications may be used by any operator marketing a wine which has been produced in conformity with the corresponding product specification.
Deleted
Amendment 131
ARTICLE 38, PARAGRAPH 2, POINT (A), INDENT 2
- in so far as such use exploits the reputation of a designation of origin or a geographical indication;
- in so far as such use is liable to prejudice or damage the reputation of a designation of origin or a geographical indication;
Amendment 132
ARTICLE 38, PARAGRAPH 2 A (new)
2a.  Notwithstanding paragraph 2, a spirit drink, as defined in the Community legislation, that is distinct from a wine or a grape must, may bear the name of a protected designation of origin or a protected geographical indication, provided that name is assigned by the Member State in which the designation of origin or geographical indication is protected.
Amendment 133
ARTICLE 38, PARAGRAPH 3 A (new)
3a.  Products which do not conform to the provisions of this Regulation may not be held for sale or put on the Community market or exported.
Amendment 134
ARTICLE 38, PARAGRAPH 4
4.  Member States shall take the steps necessary to stop unlawful use of protected designations of origin and geographical indications as referred to in paragraph 2.
4.  Member States shall take the steps necessary to stop unlawful use of protected designations of origin and geographical indications as referred to in paragraph 2 and shall notify such measures to the Commission . The Commission, acting on the basis of a duly substantiated request from a Member State, a third country or a natural or legal person having a legitimate interest, shall take action to ensure the effective protection of the protected designation of origin or protected geographical indication.
Amendment 135
ARTICLE 38, PARAGRAPH 4 A (new)
4a.  The Commission shall establish penalties for any failure to comply with the obligation to take the necessary measures.
Amendment 136
ARTICLE 38, PARAGRAPH 4 B (new)
4b.  Member States shall be authorised to maintain or adopt any national legislative provisions which ensure more rigorous protection of protected designations of origin and protected geographical indications.
Amendment 137
ARTICLE 40, PARAGRAPH 1
1.  Member States shall designate the competent authority or authorities responsible for controls in respect of the obligations established by this Chapter in accordance with Regulation (EC) No 882/2004. Member States may designate inter-branch organisations for those controls if they offer adequate guarantees of objectivity and impartiality
1.  Member States shall designate the competent authority or authorities responsible for controls in respect of the obligations established by this Chapter in accordance with Regulation (EC) No 882/2004. Member States may also designate inter-branch organisations for those controls if they offer adequate guarantees of objectivity, competence and impartiality.
Amendment 138
ARTICLE 41, PARAGRAPH 1, SUBPARAGRAPH 1, INTRODUCTORY PART
1.  In respect of protected designations of origin and geographical indications relating to a geographical area within the Community, annual verification of compliance with the product specification, during the production and during or after conditioning of the wine, shall be ensured by:
1.  In respect of protected designations of origin and geographical indications relating to a geographical area within the Community, verification of compliance with the product specification, during the production and during or after conditioning of the wine, shall be ensured by:
Amendment 139
ARTICLE 41, PARAGRAPH 1, SUBPARAGRAPH 2
The costs of such verification shall be borne by the operators subject to it.
The costs of such verification may be borne by the operators subject to it.
Amendment 140
ARTICLE 43
It may be decided, in accordance with the procedure referred to in Article 104 , at the initiative of the Commission or at a duly substantiated request of a Member State, of a third country or of a natural or legal person having a legitimate interest, to cancel the protection of a designation of origin or a geographical indication if compliance with the corresponding product specification is no longer ensured. Articles 31 to 34 shall apply mutatis mutandis.
It may be decided, in accordance with the procedure referred to in Article 45 , at the initiative of the Commission or at a duly substantiated request of a Member State, of a third country or of a natural or legal person having a legitimate interest, to cancel the protection of a designation of origin or a geographical indication if compliance with the corresponding product specification is no longer ensured. Articles 31 to 34 shall apply mutatis mutandis.
Amendment 141
ARTICLE 44, PARAGRAPH 2, POINT (A)
(a) the technical files as provided for in Article 28(1);
Deleted
Amendment 142
ARTICLE 44, PARAGRAPH 2, POINT (B)
(b) the national decision indicating their validity.
Deleted
Amendment 143
ARTICLE 44, PARAGRAPH 3
3.  Names referred to in paragraph 1, for which the information referred to in paragraph 2 is not submitted by 31 December 2010, shall lose protection under this Regulation. The Commission shall take the corresponding formal step of removing such names from the register provided for in Article 39.
Deleted
Amendment 144
ARTICLE 44, PARAGRAPH 4
4.  By way of derogation from Article 43, it may be decided, until 31 December 2013, at the initiative of the Commission and in accordance with the procedure referred to in Article 104(1), to cancel protection of designations of origin or geographical indications referred to in paragraph 1 of this Article if they do not meet the relevant conditions for protection.
Deleted
Amendment 145
ARTICLE 45, PARAGRAPH 1
Detailed rules for the implementation of this Chapter shall be adopted in accordance with the procedure referred to in Article 104(1) .
Detailed rules for the implementation of this Chapter shall be adopted by the Commission, assisted by a regulatory committee.
Where references is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof .
The period laid down in Article 5(2) of Decision 1999/468/EC shall be set at one month.
Amendment 146
TITLE III, CHAPTER IV, HEADING
Labelling
Description, designation, presentation and protection of certain products
Amendment 147
ARTICLE 47
For the purposes of this Regulation "labelling" means any words, particulars, trademarks, brand name, pictorial matter or symbol placed on any packaging, document, notice, label, ring or collar accompanying or referring to a given product.
For the purposes of this Regulation "labelling" means any words, particulars, trademarks, brand name, pictorial matter or symbol placed on any packaging, document, notice, label, ring or collar accompanying or referring to a given product intended for the final consumer .
Amendment 148
ARTICLE 47, PARAGRAPH 1 A (new)
Labelling rules shall take due account of the need for protection of the legitimate interests of consumers and of producers, smooth operation of the internal market and the development of quality products.
Amendment 149
ARTICLE 48 A (new)
Article 48a
Use of composite names
Without prejudice to the provisions for the harmonisation of laws, Member States may allow the use of the word "wine" accompanied by the name of a fruit in the form of a composite name to describe products obtained by the fermentation of fruit other than grapes.
This possibility shall not be affected by Article 52.
Amendment 150
ARTICLE 49, PARAGRAPH 1, POINT (A A) (new)
(aa) the categories of grape vine products referred to in points 5 and 7 of Annex IV may not be used in the labelling of wines with a protected designation of origin or a protected geographical origin;
Amendment 151
ARTICLE 49, PARAGRAPH 1, POINT (B), INDENT 1
- the term "protected designation of origin" or "protected geographical indication" , and
- the term "protected designation of origin" or the indication "Vino dela tierra", "οίνος τοπικός", "zemské víno, Landwein, ονομασία κατά παράδοση, regional wine, vin de pays, indicazione geografica tipica, tájbor, inbid ta lokalità tradizzjonali, landwijn, vinho regional, deželno vino PGO, deželno vino s priznano geografsko oznako, geograafilise tähistusega lauavein, lantvin and
Amendment 152
ARTICLE 49, PARAGRAPH 1, POINT (C A) (new)
(ca) volume;
Amendment 153
ARTICLE 49, PARAGRAPH 1, POINT (C B) (new)
(cb) in the case referred to in point 4 of Annex IV, an indication of the nature of the product;
Amendment 154
ARTICLE 49, PARAGRAPH 1, POINT (C C) (new)
(cc) in the case of wine shipped to another Member State or exported, an indication of provenance including the name of the Member State of origin;
Amendment 155
ARTICLE 49, PARAGRAPH 1, POINT (C D) (new)
(cd) name or trading name of the bottler, the district and Member State in which the bottler is established .
Such information shall appear in characters of the same size and must always be preceded by the words 'Bottled by' or by the variants thereof which are authorised under Community or Member-State law.
Where bottling or shipping takes place in a district other than that of the bottler or shipper or in a neighbouring district, the labelling information referred to in this point shall be accompanied by a remark specifying the district in which the operation has taken place . Where bottling or shipping takes place in another Member State, that Member State shall be indicated.
Amendment 156
ARTICLE 49, PARAGRAPH 1, POINT (D)
(d) an indication of provenance of the wine;
(d) an indication of the origin of the grapes, musts and wine;
Amendment 157
ARTICLE 49, PARAGRAPH 1, POINT (F A) (new)
(fa) mention of any details or information compulsory for reasons of public health protection, the implementing rules for which shall be laid down in accordance with the procedure set out in Article 104(1) .
Amendment 158
ARTICLE 49, PARAGRAPH 1, POINT (F B) (new)
(fb) batch number;
Amendment 159
ARTICLE 49, PARAGRAPH 3, INTRODUCTORY PART
3.  By way of derogation from point (b) of paragraph 1, the reference to the terms "protected designation of origin" or "protected geographical indication" may be omitted in the following cases:
3.  By way of derogation from point (b) of paragraph 1, the reference to the term "protected designation of origin" may be omitted in the following cases:
Amendment 160
ARTICLE 49, PARAGRAPH 3, POINT (B)
(b) where, in exceptional circumstances to be determined in accordance with the procedure referred to in Article 104(1), the name of the protected designation of origin or protected geographical indication is displayed on the label.
(b) where, in exceptional circumstances to be determined in accordance with the procedure referred to in Article 104(1), the name of the protected designation of origin is displayed on the label.
Amendment 161
ARTICLE 49, PARAGRAPH 3 A (new)
(3a)  These mandatory indications must be grouped in the same visual field on the container and must appear in clear, legible, indelible characters which are big enough to stand out against the background and to be easily distinguished.
Amendment 162
ARTICLE 50, INTRODUCTORY PART
Labelling of products referred to in Article 49(1) may in particular contain the following optional particulars:
Labelling of products referred to in Article 49(1), with the exception of those dealt with in points 5 and 7 of Annex IV, may also contain the following optional particulars:
Amendment 163
ARTICLE 50, POINT (A) (new)
(a) the vintage year;
(a) exclusively for wines with a "protected designation of origin" or a "protected geographical indication":
- the vintage year,
- the name of one or more varieties of wine grape,
- supplementary traditional references.
"Supplementary traditional reference" shall mean a term which is traditionally used in producer Member States to designate the wines mentioned in this Title, which refers in particular to a production, manufacturing or ageing method, to quality, colour or type of place or to an historical event associated with the history of the wine, and which is defined in the producer Member States" laws for the purpose of designating the wines in question which are produced on their territory.
The traditional reference must meet the following conditions:
(i) be sufficiently distinctive and enjoy a sound reputation within the Community markets;
(ii) have been used traditionally for at least 10 years in the Member State in question;
(iii) be linked to one or, where appropriate, several Community wines or categories of wine;
- geographical units which are larger or smaller than the specific region or place.
-  Community "protected designation of origin" or "protected geographical indication" symbol;
Amendment 164
ARTICLE 50, POINT (B) (new)
(b) the name of one or more wine grape varieties;
(b) for all wines:
- terms indicating the sugar content;
- terms referring to certain production methods;
- the type of product pursuant to Annex IV;
- a particular colour, according to rules laid down by the producer Member State;
- the name, address and capacity of a person or of the persons involved in the marketing circuit. Where bottling is carried out under contract the indication concerning the bottler shall be supplemented by the words "bottled for", or in cases where the name, address and capacity of the person who has carried out the bottling on behalf of a third party are also shown, by the words "bottled for ... by ...";
- a registered trademark;
- a code which may be used on the labelling of the products referred to in this Regulation in order to represent the home district and the name of the bottler or importer (if there is one), on condition that this is permitted or provided for by the Member State on whose territory the products are bottled. This practice shall be subject to the appearance on the label of the name or the trading name of a person or of a group of persons other than the bottler who are involved in the marketing circuit, and also the name of the district or sub-district in which that person or grouping is based;
Amendment 165
ARTICLE 50, POINT (C) (new)
(c) terms indicating the sugar content ;
(c) as regards wines produced on their territory, the producer Member States may make certain indications referred to in subparagraphs (a) and (b) mandatory, ban them or restrict their use;
Amendment 166
ARTICLE 50, POINT (C A) (new)
(ca) indication of percentage of sulphur dioxide;
Amendment 167
ARTICLE 50, POINT (D)
(d) for wines with a protected designation of origin or geographical indication, traditional terms other than the designations of origin and geographical indications which designate the production or ageing method or the characteristics, colour, type of place of the wine concerned;
Deleted
Amendment 168
ARTICLE 50, POINT (E)
(e) the Community symbol indicating the protected designation of origin or geographical indication;
Deleted
Amendment 169
ARTICLE 50, POINT (F)
(f) terms referring to certain production methods.
Deleted
Amendment 170
ARTICLE 50, POINT (F A) (new)
(fa) the name of a smaller geographical unit than that on which the designation of origin is based or geographical indications using a name other than the designation of origin or geographical indication for wines with a protected designation of origin or geographical indication;
Amendment 171
ARTICLE 51, PARAGRAPH 2
However, the name of a protected designation of origin or geographical indication or the national specific designation shall appear on the label in the official language or languages of the Member State where the wine originates .
However, the indications relating:
- to the name of a protected designation of origin or a protected geographical indication;
- to traditional terms;
- to the name of wine-producing holdings or associations thereof, as well as particulars relating to the bottling;
shall be drawn up and appear on the labelling solely in one of the official languages of the Member State in whose territory the product was made.
In the case of products originating in a Member State using an alphabet other than the Latin alphabet, the indications referred to in the previous subparagraph may also be given in one or more official languages of the Community.
Amendment 172
ARTICLE 52, PARAGRAPH -1 (new)
The marketing in the Community of products governed by this Regulation that have been labelled in a manner contravening the provisions of this chapter shall be prohibited.
Amendment 173
ARTICLE 52
The competent authorities of the Member States shall take measures to ensure that any wine not labelled in conformity with this Chapter is not placed on or is withdrawn from the market.
The competent authorities of the Member States shall take measures to ensure that any wine not labelled in conformity with this Chapter and the detailed implementing rules is not placed on or is withdrawn from the market, and is not exported .
Amendment 174
ARTICLE 52, PARAGRAPH 1 A (new)
The Commission shall establish penalties for any failure to take the necessary measures.
Amendment 175
ARTICLE 53, PARAGRAPH 2, POINT (A)
(a) details on the indication of provenance of the wine;
(a) details on the indication of the origin of the grapes and musts and of the wine;
Amendment 176
ARTICLE 53, PARAGRAPH 2, POINT (D A) (new)
(da) particulars of wines produced in accordance with the provisions implementing Regulation (EC) No 834/2007.
Amendment 177
ARTICLE 54, POINT (C) (VII A) (new)
(viia) ensuring that production is planned and adjusted to demand, in terms of quality and quantity and compliance with food safety rules;
Amendment 178
ARTICLE 54, POINT (C) (VII B) (new)
(viib) monitoring and managing programmes relating to the agricultural cultivation practices and environmental standards set out in Article 13b;
Amendment 179
ARTICLE 54, POINT (C) (VII C) (new)
(viic) promoting the use of environmentally sound cultivation practices, production techniques and waste management practices, in particular to protect the quality of water, soil and landscape and preserve and/or encourage biodiversity; seeking new means to restrict the use of plant protection products;
Amendment 180
ARTICLE 54, POINT (C) (VII D) (new)
(viid) carrying out measures relating to logistics and technological research;
Amendment 181
ARTICLE 54, POINT (C) (VII E) (new)
(viie) notifying consumers;·
Amendment 182
ARTICLE 54, POINT (C) (VII F) (new)
(viif) promoting access to new markets; conducting the research necessary to orient production to products which are better adapted to market requirements and consumer preferences so as to improve the movement and marketing of products in this sector;
Amendment 183
ARTICLE 54, PARAGRAPHS 1 A and 1 B (new)
For the purposes of the application of this Regulation, the Member States shall set out and define the role of producer organisations in their draft support programmes.
Member States may not confine the recognition of such organisations only to those organisations involved in the transfer of ownership, i.e. producer organisations that purchase their members' output with a view to reselling it.
Amendment 184
ARTICLE 55, POINT (B)
(b) it is formed on the initiative of all or some of the organisations or associations which constitute it ;
(b) it is formed on the initiative of representatives of the economic activities referred to in point (a) ;
Amendment 185
ARTICLE 55, POINT (C) (VIII A) (new)
(viiia) monitoring and managing programmes relating to the agricultural cultivation practices and environmental standards set out in Article 13b;
Amendment 186
ARTICLE 55, POINT (C) (X)
(x) carrying out promotion actions for wine, especially in third countries ;
(x) carrying out promotion actions for wine;
Amendment 187
ARTICLE 55, POINT (C) (XII A) (new)
(xiia) carrying out measures to restructure the sector;
Amendment 188
ARTICLE 55, POINT (C) (XII B) (new)
(xiib) any measure in keeping with Community legislation.
Amendment 189
ARTICLE 56, PARAGRAPH 2 A (new)
2a.  Interbranch organisations recognised prior to entry into force of this Regulation shall not be subject to the procedure set out in paragraphs 1 and 2.
Amendment 190
ARTICLE 57, PARAGRAPH 1, SUBPARAGRAPH 1
1.  In order to improve the operation of the market in wines with a protected designation of origin or geographical indication, including the grapes, musts and wines from which they derive, producer Member States, particularly by way of implementing decisions taken by inter-branch organisations, may lay down marketing rules to regulate supply, provided that such rules relate to the retention or gradual release of produce .
1.  In order to improve the operation of the market in wines with a protected designation of origin or geographical indication, including the grapes, musts and wines from which they derive, producer Member States, particularly by way of implementing decisions taken by inter-branch organisations, may lay down marketing rules to regulate supply.
Amendment 191
ARTICLE 57, PARAGRAPH 1, SUBPARAGRAPH 2, POINT (A)
(a) relate to any transaction after the first marketing of the produce concerned ;
(a) relate to any transaction after the first marketing of wines ready for sale to consumers ;
Amendment 192
ARTICLE 57 A (new)
Article 57a
Integrated Wine Operational Programmes
The actions taken by producers' organisations, their professional organisations, their commercial undertakings and the inter-branch organisations of the wine-growing sector shall be included in the Integrated Wine Operational Programmes (IWOPs) in so far as they have been recognised at national and/or regional level.
The IWOPs shall implement at least two of the objectives and measures included in Article 54(c) and 55(c).
Amendment 193
ARTICLE 61 A (new)
Article 61a
Accompanying measures for international negotiations
In accordance with the procedure referred to in in Article 104, the Commission may adopt accompanying measures for international negotiations, such as European technical cooperation programmes, economic studies, legal and/or economic consultations or any other instrument which may serve this purpose.
Amendment 194
ARTICLE 62, PARAGRAPH 1
1.  It may be decided, in accordance with the procedure referred to in Article 104(1), that imports into the Community or exports from the Community of one or more of the products falling under CN codes 2009 61, 2009 69 and 2204 shall be subject to the presentation of an import or export licence..
1.  Imports into the Community or exports from the Community of one or more of the products falling under CN codes 2009 61, 2009 69 and 2204 shall be subject to the presentation of an import or export licence.
Amendment 195
ARTICLE 62, PARAGRAPH 2
2.  When applying paragraph 1, account shall be taken of the need for licences for the management of the markets concerned and, in particular, in the case of import licences, for monitoring the imports of the products in question.
Deleted
Amendment 196
ARTICLE 64
Import and export licences shall be valid throughout the Community.
Import licences shall be valid throughout the Community.
Amendment 197
ARTICLE 65, PARAGRAPH 1
1.  Save as otherwise provided for in accordance with the procedure referred to in Article 104(1), licences shall be issued subject to the lodging of a security guaranteeing that the products are imported or exported during the term of validity of the licence.
1.  Save as otherwise provided for in accordance with the procedure referred to in Article 104(1), licences shall be issued subject to the lodging of a security guaranteeing that the products are imported during the term of validity of the licence.
Amendment 198
ARTICLE 65, PARAGRAPH 2
2.  Except in cases of force majeure , the security shall be forfeited in whole or in part if the import or export is not carried out, or is carried out only partially, within the period of validity of the licence.
2.  Except in cases of force majeure , the security shall be forfeited in whole or in part if the import is not carried out, or is carried out only partially, within the period of validity of the licence.
Amendment 199
ARTICLE 66, PARAGRAPH 2
2.  In the event that derogations by the Council referred to in points B.5 or C of Annex VI are applied to imported products, importers shall lodge a security for those products with the designated customs authorities at the time of release for free circulation. The security shall be released on presentation by the importer of proof, to the satisfaction of the customs authorities of the Member State of release for free circulation, that the musts were made into grape juice, used in other products outside the wine sector or, if vinified, have been appropriately labelled.
2.  In the event that derogations by the Council referred to in points B.5 or C of Annex VI are applied to imported products, importers shall lodge a security for those products with the designated customs authorities at the time of release for free circulation. The security shall be released on presentation by the importer of proof, to the satisfaction of the customs authorities of the Member State of release for free circulation, that the musts were made into grape juice, used in other products outside the wine sector and have been appropriately labelled.
Amendment 200
ARTICLE 67, PARAGRAPH 2, POINT (D)
(d) where applicable, the list of products in respect of which import or export licences are required;
(d) where applicable, the list of products in respect of which import licences are required;
Amendment 201
ARTICLE 69 A (new)
Article 69a
Restricted market access
A duty shall be levied on imported wines not produced and prepared in accordance with the minimum environmental protection standards applicable to domestic wine growers. The revenue from this duty shall be paid into a fund from which, in keeping with the principle of sustainable rural development, resources shall be made available for projects which foster more environmentally-friendly production practices in third countries.
Amendment 202
ARTICLE 70, TITLE
Suspension of inward and outward processing arrangements
Abolition of inward and outward processing arrangements
Amendment 203
ARTICLE 70, PARAGRAPH 1
1.  Where the Community market is disturbed or is liable to be disturbed by inward or outward processing arrangements, it may be decided, at the request of a Member State or on the Commission's initiative and in accordance with the procedure referred to in Article 104(1), to suspend fully or partially the use of inward or outward processing arrangements for the products covered by this Regulation. If the Commission receives a request from a Member State, a decision thereon shall be taken within five working days following receipt of the request.
Deleted
The Member States shall be notified of such measures, which shall be immediately applicable.
Measures decided pursuant to the first subparagraph may be referred to the Council by any Member State within five working days of the date on which they were notified. The Council shall meet without delay. It may, acting by qualified majority, amend or repeal the measures in question within one month following the date on which they were referred to the Council.
Amendment 204
ARTICLE 70, PARAGRAPH 2
2.  To the extent necessary for the proper functioning of the common organisation of the wine market, the use of inward or outward processing arrangements for the products covered by this Regulation may be fully or partially prohibited by the Council, acting in accordance with the procedure laid down in Article 37(2) of the Treaty.
To the extent necessary for the proper functioning of the common organisation of the wine market and to ensure compliance with the quality rules applicable to European wine production , the use of inward or outward processing arrangements for the products covered by this Regulation may, at the request of the Member State concerned, be fully or partially prohibited by the Council, acting in accordance with the procedure laid down in Article 37(2) of the Treaty.
Amendment 205
ARTICLE 72, PARAGRAPH 2
2.  Save as otherwise provided in agreements concluded pursuant to Article 300 of the Treaty, products referred to in paragraph 1 of this Article shall be produced in accordance with oenological practices and restrictions recommended by the OIV or authorised by the Community pursuant to this Regulation and its implementing rules.
2.  Save as otherwise provided in agreements concluded pursuant to Article 300 of the Treaty, products referred to in paragraph 1 of this Article shall be produced in accordance with oenological practices laid down by this Regulation, and satisfying the conditions set out in Annexes I, IVa, V and VI thereto, and its implementing rules.
Amendment 206
ARTICLE 72, PARAGRAPH 2, SUBPARAGRAPH 1 A (new)
Derogations to paragraph 2 may be granted at the request of a third country, in accordance with the procedure referred to in Article 104, provided that the products have been produced in accordance with oenological practices and restrictions authorised by the OIV.
Amendment 207
ARTICLE 75, PARAGRAPH 5
5.  The end of the transitional ban on new plantings on 31 December 2013, as provided for in Article 80(1), shall not affect the obligations provided for in this Article.
Deleted
Amendment 208
ARTICLE 76, TITLE
Obligatory regularisation of unlawful plantings planted before 1 September 1998
Regularisation of irregular plantings planted before 1 September 1998
Amendment 209
ARTICLE 76, PARAGRAPH -1 (new)
-1.  The Member States may open a regularisation procedure for ground planted before 31 December 1998.
Amendment 210
ARTICLE 76, PARAGRAPH 6
6.  The end of the transitional ban on new plantings on 31 December 2013 as provided for in Article 80(1), shall not affect the obligations provided for in paragraphs 3, 4 and 5.
Deleted
Amendment 211
TITLE V, CHAPTER II, TITLE
Transitional planting right regime
Planting right regime
Amendment 212
ARTICLE 80, TITLE
Transitional prohibition on planting vines
Prohibition on planting vines
Amendment 213
ARTICLE 80, PARAGRAPH 1
1.  Without prejudice to Article 18 and in particular its third paragraph, the planting of vines of classified wine grape varieties referred to in the first subparagraph of Article 18(1) shall be prohibited until 31 December 2013.
1.  Without prejudice to Article 18 and in particular its third paragraph, and Article 81, the planting of vines of classified wine grape varieties referred to in the first subparagraph of Article 18(1) shall be prohibited until 31 December 2013. However, the time limit of 31 December 2013 shall not apply to areas delimited by the product specifications referred to in Article 28.
Amendment 214
Article 80, paragraph 2
2.  Until 31 December 2013, grafting-on of wine grape varieties referred to in the first subparagraph of Article 18(1) to varieties other than wine grape varieties referred to in that Article shall also be prohibited.
2.  Grafting-on of wine grape varieties referred to in the first subparagraph of Article 18(1) to varieties other than wine grape varieties referred to in that Article shall also be prohibited.
Amendment 215
ARTICLE 80, PARAGRAPH 4
4.  The planting rights referred to in paragraph 3 shall be granted in hectares.
4.  The planting rights referred to in paragraph 3 shall be granted in hectares or fractions of a hectare .
Amendment 216
ARTICLE 80, PARAGRAPH 5
5.  Articles 81 to 86 shall apply until 31 December 2013.
Deleted
Amendment 217
ARTICLE 80, PARAGRAPH 5 A (new)
(5a)  Notwithstanding the preceding paragraphs, the regional authorities with responsibility for wine-production potential may, in agreement with the sectoral representatives, inter-branch organisations or management bodies in the territories of their regions, continue to prohibit planting in cases where a large proportion of their territory is given over to one or more designations of origin or geographical indications, provided that the regions can provide assurances that there is already a satisfactory balance between supply and demand.
Responsibility for authorising a continuation of the ban on planting in those regions shall lie with the Commission, with requests for authorisation to be submitted by the regions concerned.
Furthermore, regions to which the Commission has granted authorisation to continue banning plantations may, in agreement with the operators of the above-mentioned designations of origin and geographical indications, authorise increases in the plant mass which are proportionate to the expected increase in marketing, so that the balance between supply and demand continues to be maintained.
Amendment 218
ARTICLE 82, PARAGRAPH 1, SUBPARAGRAPH 2
However, no replanting rights may be granted as regards areas for which a grubbing-up premium has been granted in accordance with Chapter III.
However, no replanting rights may be granted to producers as regards areas for which a grubbing-up premium has been granted in accordance with Chapter III.
Amendment 305
ARTICLE 82, PARAGRAPH 5, SUBPARAGRAPH 1, INTRODUCTORY PART
5.  By way of derogation from paragraph 4, Member States may decide that replanting rights may be transferred, in whole or in part, to another holding in the same Member State in the following cases
5.  By way of derogation from paragraph 4, Member States may decide that replanting rights may be transferred, in whole or in part, to another holding in the same Member State or region in the following cases:
Amendment 220
ARTICLE 83, PARAGRAPH 2
2.  Member States which have established national or regional reserves of planting rights under Regulation (EC) No 1493/1999 may maintain those reserves until 31 December 2013.
Deleted
Amendment 221
ARTICLE 84, PARAGRAPH 1, POINT (A)
(a) without payment, to producers who are under 40 years of age, who possess adequate occupational skill and competence, who are setting up for the first time on a wine-producing holding and who are established as the head of the holding ;
(a) without payment, to producers who are under 40 years of age, who possess adequate occupational skill and competence, who have a wine-producing holding or a wine production unit ;
Amendment 222
ARTICLE 84, PARAGRAPH 5, SUBPARAGRAPH 1
5.  If regional reserves exist in a Member State, the Member State may lay down rules permitting the transfer of planting rights between regional reserves. If both regional and national reserves exist in a Member State, the Member State may also allow for transfers between those reserves.
5.  If regional reserves exist in a Member State, the Member State must lay down rules permitting the transfer of planting rights between regional reserves. If both regional and national reserves exist in a Member State, the Member State must also allow for transfers between those reserves.
Amendment 291
ARTICLE 85
This Chapter shall not apply in Member States where wine production does not exceed 25 000  hectolitres per wine year. This production shall be calculated on the basis of the average production during the latest five wine years.
This Chapter shall not apply in Member States where wine production does not exceed 50 000  hectolitres per wine year. This production shall be calculated on the basis of the average production during the latest five wine years.
Amendment 223
ARTICLE 87 A (new)
Article 87a
Assessment
By 31 December 2012 at the latest, the Commission shall present an impact assessment of the measures described in this chapter.
On the basis of that assessment, the Commission shall, if appropriate, draw up a proposal for the liberalisation of planting rights in areas not delimited by the product specifications referred to in Article 28.
Amendment 224
ARTICLE 89
The grubbing-up scheme shall apply until the end of the wine year 2012/2013 .
The grubbing-up scheme shall apply until the end of the wine year 2011/2012 .
Amendment 225
ARTICLE 90, PARAGRAPH 1, POINT (B)
(b) it did not receive Community support under any other common market organisation within the five wine years preceding the grubbing-up;
Deleted
Amendment 226
ARTICLE 90, PARAGRAPH 1, POINT (D)
(d) it is not smaller than 0.1 hectare;
(d) it is not smaller than 0.05 hectare;
Amendment 227
ARTICLE 91, PARAGRAPH 1
1.  Scales for the grubbing-up premiums to be granted shall be fixed in accordance with the procedure referred to in Article 104(1).
1.  Scales for the grubbing-up premiums to be granted shall be fixed in accordance with the procedure referred to in Article 104(1). Those scales shall set, inter alia, the minimum and maximum levels of premium that Member States can grant on the basis of yield.
Amendment 228
ARTICLE 92, PARAGRAPH 1
1.  Interested producers shall submit applications for the grubbing-up premium to the respective authorities in Member States not later than 30 September of each year.
1.  Interested producers shall submit applications for the grubbing-up premium to the respective authorities in Member States not later than 30 May of each year.
Amendment 229
ARTICLE 92, PARAGRAPH 2
2.  Member States" authorities shall process eligible applications and notify to the Commission by 15 October each year, the total area and amounts covered by those applications split by regions and by yield ranges.
2.  Member States" authorities shall process eligible applications and notify to the Commission by 30 November each year, the total area and amounts covered by those applications split by regions and by yield ranges.
Amendment 230
ARTICLE 92, PARAGRAPH 4
4.  By 15 November each year, in accordance with the procedure referred to in Article 104(1), a single percentage for acceptance of the amounts notified shall be set if the total amount notified to the Commission by Member States exceeds the available budget resources.
4.  By 15 December each year, in accordance with the procedure referred to in Article 104(1), a single percentage for acceptance of the amounts notified shall be set if the total amount notified to the Commission by Member States exceeds the available budget resources.
Amendment 231
ARTICLE 92, PARAGRAPH 5, SUBPARAGRAPH 1, INTRODUCTORY PART
5.  By 15 January each year, Member States shall accept the applications:
5.  By 30 March each year, Member States shall accept the applications:
Amendment 232
ARTICLE 92, PARAGRAPH 5, SUBPARAGRAPH 2
Member States shall notify to the Commission by 30 January each year the applications accepted split by regions and by yield ranges and the total amount of grubbing-up premiums paid by region.
Member States shall notify to the Commission by 15 April each year the applications accepted split by regions and by yield ranges and the total amount of grubbing-up premiums paid by region.
Amendment 233
ARTICLE 93
Article 93
Cross-compliance
Where farmers are found to not have complied on their holding, at any time during five years from payment of the grubbing-up premium, with the statutory management requirements and the good agricultural and environmental condition referred to in Articles 3 to 7 of Regulation (EC) No 1782/2003, the amount of the payment shall, where non-compliance is the result of an action or omission directly imputable to the farmer, be reduced or cancelled, partially or wholly depending on the severity, extent, permanence and repetition of the non-compliance, and the farmer shall, where applicable, be ordered to reimburse it in accordance with the conditions set out in the said provisions.
Rules shall be determined in accordance with the procedure referred to in Article 144(2) of Regulation (EC) No 1782/2003 as regards partial or whole reduction or recovery of the support by the Member State concerned.
Deleted
Amendment 234
ARTICLE 94, PARAGRAPH 2
2.  Member States may declare vines in mountain and steep slope areas ineligible for the grubbing-up scheme in accordance with conditions to be determined in accordance with the procedure referred to in Article 104(1).
2.  Member States may also declare vines in mountain areas, steep slope areas, areas threatened by erosion and coastal and island regions ineligible for the grubbing-up scheme in accordance with conditions to be determined in accordance with the procedure referred to in Article 104(1).
Amendment 235
ARTICLE 94, PARAGRAPH 3
3.  Member States may declare areas ineligible for the grubbing-up scheme where application of the scheme would be incompatible with environmental concerns. Areas thus declared ineligible shall not exceed 2% of the total area planted with vines as referred to in Annex VIII .
3.  Member States may, after submitting a justification to the Commission and receiving authorisation, declare areas ineligible for the grubbing-up scheme where application of the scheme would be incompatible with environmental concerns or where abandonment would threaten the social and economic fabric of the region .
Amendment 236
ARTICLE 94, PARAGRAPH 4, INTRODUCTORY PART
4.  Member States deciding to make use of the possibility provided for in paragraphs 2 and 3 shall communicate, by 1 August each year and for the first time on 1 August 2008 , to the Commission, concerning the grubbing-up measure to be implemented:
4.  Member States deciding to make use of the possibility provided for in paragraphs 2 and 3 shall communicate, by 1 August each year and for the first time on 1 August 2009 , to the Commission, concerning the grubbing-up measure to be implemented:
Amendment 237
ARTICLE 94, PARAGRAPH 5
5.  Member States shall grant producers in the areas declared ineligible under paragraphs 2 and 3 priority under other support measures laid down in this Regulation, in particular, where applicable, the restructuring and conversion measure under the support programmes and rural development measures .
5.  Member States shall grant producers in the areas declared ineligible under paragraphs 2 and 3 priority under other support measures laid down in this Regulation, in particular, where applicable, the restructuring and conversion measure under the support programmes.
Amendment 238
ARTICLE 95, PARAGRAPH 2, SUBPARAGRAPH 1
2.  Member States shall fix the amount of the payment entitlements referred to in paragraph 1 for areas planted with vines grubbed-up in accordance with this Chapter at the regional average of the value of the payment entitlements of the corresponding region but shall in any case not exceed EUR 350/ha.
2.  Member States shall fix the amount of the payment entitlements referred to in paragraph 1 for areas planted with vines grubbed-up in accordance with this Chapter at the regional average of the value of the payment entitlements of the corresponding region.
Amendment 292
ARTICLE 96
This Chapter shall not apply in Member States where wine production does not exceed 25 000  hectolitres per wine year. This production shall be calculated on the basis of the average production during the latest five wine years.
This Chapter shall not apply in Member States where wine production does not exceed 50 000  hectolitres per wine year. This production shall be calculated on the basis of the average production during the latest five wine years.
Amendment 239
ARTICLE 98, PARAGRAPH 2, POINT (B)
(b) detailed rules concerning cross-compliance;
(b) detailed rules concerning the safeguarding of the sound ecological state of the areas, in keeping with the principles of cross-compliance;
Amendment 240
ARTICLE 98, PARAGRAPH 2, POINT (D)
(d) the reporting requirements of Member States concerning the implementation of the grubbing-up scheme, including penalties in case of delays in reporting and the information which Member States give to producers concerning the availability of the scheme ;
(d) the reporting requirements of Member States concerning the implementation of the grubbing-up scheme;
Amendment 241
ARTICLE 99
Member States shall maintain a vineyard register which contains updated information on the production potential.
Member States shall maintain a vineyard register which contains updated information on the production potential and shall be adapted to the requirements of monitoring, planning and programming the measures to be taken in accordance with this Regulation.
The information in the vineyard register shall permit controls on the corresponding area of vineyards and the volume of wine produced in each case and the application of agricultural cultivation practices, environmental obligations and cross-compliance provided for under this Regulation.
Member States whose total area under vines in the open air is less than 500 hectares shall not be subject to the obligation referred to in the first paragraph .
Amendment 242
ARTICLE 100, PARAGRAPH 1 A (new)
Member States whose total area under vines in the open air is less than 500 hectares shall not be subject to the obligation referred to in the first paragraph.
Amendment 243
ARTICLE 101
Article 101
Deleted
Duration of vineyard register and inventory
It may be decided, in accordance with the procedure referred to in Article 104(1), that Articles 99 and 100 no longer apply any time after 1 January 2014.
Amendment 244
ARTICLE 104, TITLE
Management committee procedure
Regulatory and management committee procedure.
Amendment 245
ARTICLE 104, PARAGRAPH 1, SUBPARAGRAPH 1
1.  Save as otherwise provided for, where competences are conferred upon the Commission in this Regulation, the Commission shall be assisted by a Management Committee.
1.  Save as otherwise provided for, where competences are conferred upon the Commission in this Regulation, the Commission shall be assisted by a Regulatory and Management Committee.
Amendment 246
ARTICLE 104, PARAGRAPH 1, SUBPARAGRAPH 2
Articles 4 and 7 of Decision 1999/468/EC shall apply.
Articles 5 and 7 of Decision 1999/468/EC shall apply to the chapters of Title III and annexes:
-  Chapter I: General rules
-  Chapter II: Oenological practices and restrictions
-  Chapter III: Designations of origin and geographical indications
-  Chapter IV: Labelling
-  Related annexes
Amendment 247
ARTICLE 104, PARAGRAPH 1, SUBPARAGRAPH 3
The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month .
The period laid down in Article 5 of Decision 1999/468/EC shall be set at three months .
Amendment 248
ARTICLE 111
Article 2, point (d) (Regulation (EC) No 2702/1999)
"(d) information campaigns on the Community system covering wines with a protected designation of origin or geographical indication, wines with an indication of the wine grape variety and spirit drinks with a protected geographical indication or reserved traditional indication;"
"(d) information campaigns on the Community system covering wines with a protected designation of origin or geographical indication, wines and spirit drinks with a protected geographical indication or reserved traditional indication;"
Amendment 249
ARTICLE 112, POINT 1
Article 2, point d (Regulation (EC) No 2826/2000)
"(d) actions of information on the Community system covering wines with a protected designation of origin or geographical indication, wines with an indication of the wine grape variety and spirit drinks with a protected geographical indication or reserved traditional indication and actions of information on responsible drinking patterns and harm linked to irresponsible alcohol consumption;"
"(d) actions of information on the Community system covering wines with a protected designation of origin or geographical indication, wines and spirit drinks with a protected geographical indication or reserved traditional indication and actions of information on responsible wine drinking patterns and harm linked to irresponsible alcohol consumption;"
Amendment 250
ARTICLE 112, POINT 2
Article 3, point (e) (Regulation (EC) No 2826/2000)
"(e) the desirability of providing information on the Community system covering wines with a protected designation of origin or geographical indication, wines with an indication of the wine grape variety and spirit drinks with a geographical indication or reserved traditional indication and the need to inform on responsible drinking patterns and harm linked to irresponsible alcohol consumption;"
"(e)the desirability of providing information on the Community system covering wines with a protected designation of origin or geographical indication, wines and spirit drinks with a geographical indication or reserved traditional indication and the need to inform on responsible wine-drinking patterns and harm linked to irresponsible alcohol consumption;"
Amendment 251
ARTICLE 113, POINT 10
Annexe VII, point (n), subparagraph 2 (Regulation (EC) 1782/2003)
The reference amount of the payment entitlements to be allocated to each farmer in accordance with the grubbing-up scheme set out in Regulation (EC) No [this regulation] shall be equal to the result of the multiplication of the number of hectares grubbed-up with the regional average of the value of the payment entitlements of the corresponding region. However, the payable amount shall in any case not exceed EUR 350/ha ."
The reference amount of the payment entitlements to be allocated to each farmer in accordance with the grubbing-up scheme set out in Regulation (EC) No [this regulation] shall be equal to the result of the multiplication of the number of hectares grubbed-up with the regional average of the value of the payment entitlements of the corresponding region."
Amendment 252
ARTICLE 113, POINT 10
Annexe VII, point (n), subparagraph 2 a (new) (Regulation (EC) 1782/2003)
Where grubbing-up concerns a vineyard where a dual use variety is cultivated which is subject to the uniform assistance regime based on Council Regulation (EC) No 1182/2007 of 26 September 2007 laying down specific rules as regards the fruit and vegetable sector 1 no additional reference sum shall be calculated on the basis of this Regulation.
_________
1 OJ L 273, 17.10.2007, p. 1.
Amendment 253
ARTICLE 114
Article 114
Deleted
Amendments to Regulation (EC) No 1290/2005
In Article 12 of Regulation (EC) No 1290/2005, paragraph 2 is replaced by the following:
"2. The Commission shall set the amounts which, pursuant to Articles 10(2), 143d and 143e of Regulation (EC) No 1782/2003, Article 4(1) of Council Regulation (EC) No 387/2007 and Article 17(2) of Council Regulation (EC) No [this Regulation], are made available to the EAFRD."
Amendment 254
ARTICLE 117, INTRODUCTORY SECTION
Regulation (EC) No 1493/1999 is hereby repealed. However, the following measures set out in that Regulation shall continue to apply in respect of the wine year 2008/2009 in so far as measures eligible under Regulation (EC) No 1493/1999 have been commenced or undertaken by producers before the date of entry into force of this Regulation:
Regulation (EC) No 1493/1999 is hereby repealed. However, the following measures set out in that Regulation shall continue to apply in so far as measures eligible under Regulation (EC) No 1493/1999 have been commenced or undertaken by producers before the date of entry into force of this Regulation:
Amendment 255
ARTICLE 117, PARAGRAPH 1 A (new)
By way of derogation from the first paragraph, the provisions governing the reserved use of certain types of bottles laid down in Article 9(1) of Annex I to Regulation (EC) No 753/2002 shall continue to apply until the bottle types are protected via the designation of origin.
Amendment 256
ARTICLE 118, PARAGRAPH 2
It shall apply as from 1 August 2008 , with the exception of Articles 5 to 8 which shall apply as from 30 April 2008 .
It shall apply as from 1 August 2009 , with the exception of Articles 5 to 8 which shall apply as from the date set in Article 5(1) of this Regulation .
Amendment 257
ARTICLE 118, PARAGRAPH 3
Chapter II of Title V shall apply until 31 December 2013.
Deleted
Amendment 258
ANNEX I, POINT 5 A (new)
5a.  "Grape must": the liquid product obtained naturally or by physical processes from fresh grapes. An actual alcoholic strength by volume of the grape must of not more than 1% vol. is permissible.
Amendment 259
ANNEX II
Replace all amounts by "p.m.".
Amendment 260
ANNEX III
This annex is deleted
Amendment 261
ANNEX IV, POINT 3 A (new)
(3a)  Wine produced from dried grapes
"Wine produced from dried grapes" shall be the product:
(a) obtained in the Community without enrichment from grapes picked in the Community belonging to the varieties listed in Article 18(1), and left in the sun or shade for partial dehydration;
(b) having a total alcoholic strength of at least 16% vol.;
(c) having an actual alcoholic strength of at least 9% vol.;
(d) having a natural alcoholic strength of at least 16% vol.
Amendment 262
ANNEX IV, POINT 3 B (new)
3b.  Natural sweet wine
The specific, traditional names "οίνος γλυκύς φυσικός", "vine dulce natural", "vino dolce naturale" and "vinho dolce natural" shall be used only for wines withe a a protected designation of origin or geographical indication :
(a) obtained from harvests at least 85 % of which are of the wine varieties appearing on a list to be drawn up;
(b) derived from musts with an initial natural sugar content of at least 212 grams per litre;
(c) obtained by adding alcohol, distillate or spirits, to the exclusion of any other enrichment.
Insofar as is necessary to conform to traditional production practices, Member States may, for PDO and PGI wines produced within their territory, stipulate that the specific traditional name "vin doux naturel" is used only for PDO and PGI wines which are:
(a) made directly by producers harvesting the grapes and exclusively from their harvests of muscat, grenache, maccabeo or malvasia grapes; however, harvests may be included which have been obtained from vineyards that are also planted with vine varieties other than the four indicated above provided these do not constitute more than 10 % of the total stock;
(b) obtained within the limit of a yield per hectare of 40 hl of grape must, any greater yield resulting in the entire harvest ceasing to be eligible for the description "vin doux naturel";
(c) derived from a grape must with an initial natural sugar content of at least 252 grams per litre;
(d) obtained, to the exclusion of any other enrichment, by the addition of alcohol of vinous origin amounting in pure alcohol to a minimum of 5 % of the volume the grape must in fermentation used and a maximum represented by the lower of the following two proportions:
- either 10 % of the volume of the abovementioned grape must used, or
-  40 % of the total alcoholic strength by volume of the finished product represented by the sum of the actual alcoholic strength by volume and the equivalent of the potential alcoholic strength by volume calculated on the basis of 1 % vol. of pure alcohol for 17,5 grams of residual sugar per litre.
The specific, traditional names "οίνος γλυκύς φυσικός", "vine dulce natural", "vino dolce naturale" and "vinho dolce natural" may not be translated. However they may be accompanied by an explanatory note in a language understood by the final consumer. In the case of products produced in Greece and in circulation within the territory of that Member State, the name "vin doux naturel" may be accompanied by the name "οίνος γλυκύς φυσικός".
Amendment 263
ANNEX IV, POINT 4 (A), INDENT 3
- from wine, or
- from wine produced in the Community, or
Amendment 264
ANNEX IV, POINT 4 (A), INDENT 4
- from wines with a protected designation of origin or geographical indication;
- from wines produced in the Community with a protected designation of origin or geographical indication;
Amendment 265
ANNEX IV, POINT 4 A (new)
4a.  Quality sparkling wine and Sekt
Quality sparkling wine or Sekt shall be the product which
(a) is obtained by first or second alcoholic fermentation of
- fresh grapes;
- grape must;
- wine; or wines with a protected designation of origin or geographical indication;
(b) when the container is opened is characterised by the release of carbon dioxide derived exclusively from the fermentation;
(c) when kept in closed containers at a temperature of 20°C has an excess pressure, due to carbon dioxide in solution, of not less than 3.5 bar.
However, in the case of quality sparkling wine or Sekt in containers with a capacity of less than 25 cl the excess pressure must be at least 3 bar;
(d)  The actual alcoholic strength must be not less than 10% vol.;
(e)  The total alcoholic strength of the cuvée must be not less than 9% vol.;
(f)  In the case of quality sparkling wine or Sekt with a protected designation of origin or geographical indication, the total alcoholic strength of the cuvée from wine-growing zone C III must be not less than 9.5% vol.;
(g)  However, cuvées intended for the production of specific quality sparkling wines or Sekt with protected designation of origin or geographical indication, which are to be included in a future list and which have been obtained from a single grape variety, must only have a total alcoholic strength of not less than 8.5% vol.;
(h)  The length of the production process, including ageing in the undertaking where the product was made, reckoned from the start of the fermentation process designed to produce carbon dioxide, must be
- at least six months if the fermentation process designed to produce carbon dioxide takes place in the cuvée barrel
- at least nine months if the fermentation process designed to produce carbon dioxide takes place in the bottle.
(i)  The fermentation process designed to make the cuvée sparkling and the presence of the cuvée on the lees must last
a.  90 days (bottle fermentation, tank fermentation without stirrers)
b.  30 days if the fermentation process takes place in containers with stirrers.
Amendment 266
ANNEX IV, POINT 5 (A)
(a) is obtained from wine;
(a) is obtained from wine produced in the Community;
Amendment 267
ANNEX IV, POINT 6 (A)
(a) is obtained from wine provided that such wine has a total alcoholic strength of not less than 9% vol.;
(a) is obtained from wine produced in the Community provided that such wine has a total alcoholic strength of not less than 9% vol.;
Amendment 268
ANNEX IV, POINT 7 (A)
(a) is obtained from wine, or from wine with a protected designation of origin or with a protected geographical indication;
(a) is obtained from wine, or from wine with a protected designation of origin or with a protected geographical indication, produced in the Community ;
Amendment 269
ANNEX IV A (new)
ANNEX IVa
List of authorised oenological practices and processes
1.  Oenological practices and processes which may be applied to fresh grapes, grape must, grape must in fermentation, grape must in fermentation extracted from raisined grapes, concentrated grape must and new wine still in fermentation:
(a) aeration or the addition of oxygen;
(b) heat treatment;
(c) centrifuging and filtration, with or without an inert filtering agent, on condition that no undesirable residue is left in the products so treated;
(d) use of carbon dioxide, argon or nitrogen, either alone or combined, solely in order to create an inert atmosphere and to handle the product shielded from the air;
(e) use of sucrose in traditional oenological practices;
(f) use of yeasts for wine production;
(g) use of one or more of the following practices to encourage the growth of yeasts;
- addition of diammonium phosphate or ammonium sulphate, within certain limits,
- addition of ammonium sulphite or ammonium bisulphite, within certain limits,
- addition of thiamin hydrochloride, within certain limits;
(h) use of sulphur dioxide or potassium metabisulphite which may also be called potassium disulphite or potassium pyrosulphite;
(i) elimination of sulphur dioxide by physical processes;
(j) treatment of white must and new white wine still in fermentation with charcoal for oenological use, within certain limits;
(k) clarification by means of one or more of the following substances for oenological use:
- edible gelatine;
- isinglass;
- casein and potassium caseinate;
- ovalbumin and/or lactalbumin;
- bentonite;
- silicon dioxide as a gel or colloidal solution;
- kaolin;
- tannin;
- pectinolytic enzymes;
- an enzymatic preparation of betaglucanase, subject to conditions to be determined;
- proteins of vegetable origin;
(l) use of sorbic acid or potassium sorbate;
(m) use of tartaric acid for acidification purposes under the conditions laid down in Annex V;
(n) use of one or more of the following substances for deacidification purposes under the conditions laid down in Annex V:
- neutral potassium tartrate;
- potassium bicarbonate;
- calcium carbonate, which may contain small quantities of the double calcium salt of L (+) tartaric and L (-) malic acids;
- calcium tartrate;
- tartaric acid, subject to conditions to be determined;
- a homogeneous preparation of tartaric acid and calcium carbonate in equal proportions and finely pulverised;
(o) use of Aleppo pine resin, subject to conditions to be determined;
(p) use of preparations of yeast cell wall, within certain limits;
(q) use of polyvinylpolypyrrolidone, subject to certain limits and under conditions to be determined;
(r) use of lactic bacteria in a vinous suspension, subject to conditions to be determined;
(s) addition of lysozyme, within limits and subject to conditions to be determined;
(t) addition of L-ascorbic acid, within certain limits.
2.  Oenological practices and processes which may be applied to grape must intended for the manufacture of rectified concentrated grape must:
(a) aeration;
(b) heat treatment;
(c) centrifuging and filtration, with or without an inert filtering agent, on condition that no undesirable residue is left in the products so treated;
(d) use of sulphur dioxide, potassium bisulphite or potassium metabisulphite which may also be called potassium disulphite or potassium pyrosulphite;
(e) elimination of sulphur dioxide by physical processes;
(f) treatment with charcoal for oenological use;
(g) use of calcium carbonate, which may contain small quantities of the double calcium salt of L (+) tartaric and L (-) malic acids;
(h) use of ion exchange resins, subject to conditions to be determined.
3.  Oenological processes and practices which may be applied to grape must in fermentation intended for direct human consumption as such, wine suitable for producing table wine, table wine, sparkling wine, aerated sparkling wine, semi-sparkling wine, aerated semi-sparkling wine, liqueur wine and quality wines psr:
(a) use in dry wines, and in quantities not exceeding 5%, of fresh lees which are sound and undiluted and contain yeasts resulting from the recent vinification of dry wines;
(b) aeration or bubbling using argon or nitrogen;
(c) heat treatment;
(d) centrifuging and filtration, with or without an inert filtering agent, on condition that no undesirable residue is left in the products so treated;
(e) use of carbon dioxide, argon or nitrogen, either alone or combined, solely in order to create an inert atmosphere and to handle the product shielded from the air;
(f) addition of carbon dioxide, within certain limits;
(g) use, subject to the conditions laid down in this Regulation, of sulphur dioxide or potassium metabisulphite, which may also be called potassium disulphite, potassium bisulphite or potassium pyrosulphite;
(h) addition of sorbic acid or potassium sorbate, provided that the final sorbic acid content of the treated product on its release to the market for direct human consumption does not exceed 200 mg/l;
(i) addition of L-ascorbic acid, within certain limits;
(j) addition of citric acid for wine stabilisation purposes, within certain limits;
(k) use of tartaric acid for acidification purposes, subject to the conditions laid down in Annex V;
(l) use of one or more of the following substances for deacidification purposes, subject to the conditions laid down in Annex V:
- neutral potassium tartrate;
- potassium bicarbonate;
- calcium carbonate, which may contain small quantities of the double calcium salt of L (+) tartaric and L (-) malic acids;
- calcium tartrate;
- tartaric acid, subject to conditions to be determined;
- a homogeneous preparation of tartaric acid and calcium carbonate in equal proportions and finely pulverised;
(m) clarification by means of one or more of the following substances for oenological use:
- edible gelatine;
- isinglass;
- casein and potassium caseinate;
- ovalbumin and/or lactalbumin;
- bentonite;
- silicon dioxide as a gel or colloidal solution;
- kaolin;
- an enzymatic preparation of betaglucanase, subject to conditions to be determined;
- proteins of vegetable origin;
(n) addition of tannin;
(o) treatment of white wines with charcoal for oenological use, within certain limits;
(p) treatment, subject to conditions to be laid down:
- of grape must in fermentation intended for direct human consumption as such, white wines and rosé wines with potassium ferrocyanide;
- of red wines with potassium ferrocyanide or with calcium phytate;
(q) addition of metatartaric acid, within certain limits;
(r) use of acacia;
(s) use of DL tartaric acid, also called racemic acid, or of its neutral salt of potassium, subject to conditions to be laid down, for precipitating excess calcium;
(t) use, for the manufacture of sparkling wines obtained by fermentation in bottle and with the lees separated by disgorging:
- of calcium alginate
or
- of potassium alginate;
(u) use of yeasts for wine production, dry or in wine suspension, for the production of sparkling wine;
(v) addition, in the production of sparkling wine, of thiamine and ammonium salts to the basic wines, to encourage the growth of yeasts, subject to the following conditions:
- for nutritive salts, diammonium phosphate or ammonium phosphate, within certain limits,
- for growth factors, thiamine in the form of thiamine hydrochloride, within certain limits;
(w) use of discs of pure paraffin impregnated with allyl isothiocyanate to create a sterile atmosphere, solely in Member States in which it is traditional and so long as it is not forbidden by national law, provided that they are used only in containers holding more than 20 litres and that there is no trace of allyl isothiocyanate in the wine;
(x) addition, to assist the precipitation of tartar, of
- potassium bitartrate
- calcium tartrate, within certain limits and subject to conditions to be determined;
(y) use of copper sulphate to eliminate defects of taste or smell in the wine, within certain limits;
(za) use of preparations of yeast cell wall, within certain limits;
(zb) use of polyvinylpolypyrrolidone, within certain limits and subject to conditions to be determined;
(zc) use of lactic bacteria in a vinous suspension, subject to conditions to be determined;
(zd) addition of caramel within the meaning of Directive 94/36/EC of the European Parliament and of the Council of 30 June 1994 on colours for use in foodstuffs 1 to reinforce the colour of liqueur wines and quality liqueur wines spr;
(ze) addition of lysozme, within certain limits and subject to conditions to be determined;
(zf) addition of dimethylcarbonate (DMDC) to wines for microbiological stabilisation, within certain limits and subject to conditions to be determined;
(zg) addition of yeast mannoproteins for the tartaric and protein stabilisation of wine.
4.  Oenological practices and processes that can be used for the products referred to in the introductory sentence to paragraph 3, solely subject to conditions of use to be determined:
(a) addition of oxygen;
(b) electrodialysis treatment to ensure the tartaric stabilisation of the wine;
(c) use of urease to reduce the level of urea in the wine;
(d) pouring of wine on to lees, grape marc or pressed aszú pulp where this practice is traditionally used for the production of "Tokaji fordítás" and "Tokaji máslás" in the Tokaj region of Hungary, subject to conditions to be determined;
(e) use of oak chips in the preparation of wines and musts.
_______
1 OJ L 237, 10.9.1994, p. 13.
Amendment 270
ANNEXE V, POINT A
1.  Where climatic conditions have made it necessary in certain wine-growing zones of the Community in accordance with Annex IX, the Member States concerned may allow to supplement the natural alcoholic strength by volume of fresh grapes, grape must, grape must in fermentation, new wine still in fermentation and wine obtained from the wine grape varieties referred to in the first subparagraph of Article 18(1).
1.  Where climatic conditions have made it necessary in certain wine-growing zones of the Community in accordance with Annex IX, the Member States concerned may allow to supplement the natural alcoholic strength by volume of fresh grapes, grape must, grape must in fermentation, new wine still in fermentation and wine obtained from the wine grape varieties referred to in the first subparagraph of Article 18(1).
2.  The increase in natural alcoholic strength by volume shall be achieved by means of the oenological practices referred to in point B and shall not exceed the following limits:
2.  The increase in natural alcoholic strength by volume shall be achieved by means of the oenological practices referred to in point B and shall not exceed the following limits:
(a)  2% vol. in wine-growing zones A and B in accordance with Annex IX;
(a) 3.5% vol. in wine-growing zones A and 2.5% in wine-growing zones  B in accordance with Annex IX;
b)  1% vol. in wine-growing zones C in accordance with Annex IX.
(b)  2% vol. in wine-growing zones C in accordance with Annex IX.
3.  In years when climatic conditions have been exceptionally unfavourable and in accordance with the procedure referred to in Article 104(1), the limits on increases in the alcoholic strength by volume provided for in point 2 may be raised to the level of 3% vol. in wine-growing zones A and B in accordance with Annex IX.
3.  In years when climatic conditions have been exceptionally unfavourable and in accordance with the procedure referred to in Article 104(1), the limits on increases in the alcoholic strength by volume provided for in point 2 may be raised, respectively, to the level of 4.5% vol. in wine-growing zones A, 3.5% vol. in wine-growing zones B and 3% vol. in wine-growing zones C in accordance with Annex IX.
3a.  Following the impact assessment into the reform to be carried out by the European Commission in 2012, measures may be adopted gradually to reduce the increases in alcoholic strength by volume laid down in paragraphs 2 and 3 to, respectively, 2% vol. in wine-growing zones A and B and 1% vol. in wine-growing zones C.
Amendment 271
ANNEXE V, POINT B, PARAGRAPH 1
1.  The increase in natural alcoholic strength by volume provided for in point A shall only be effected:
1.  The increase in natural alcoholic strength by volume provided for in point A shall only be effected:
(a) in respect of fresh grapes, grape must in fermentation or new wine still in fermentation, by adding concentrated grape must or rectified concentrated grape must;
(a) in respect of fresh grapes, grape must in fermentation or new wine still in fermentation, by adding concentrated grape must or rectified concentrated grape must or sucrose, in those wine-growing zones where the use of sucrose is traditionally allowed ;
(b) in respect of grape must, by adding concentrated grape must or rectified concentrated grape must, or by partial concentration including reverse osmosis;
(b) in respect of grape must, by adding concentrated grape must or rectified concentrated grape must, or by partial concentration including reverse osmosis or sucrose, in those wine-growing zones where the use of sucrose is traditionally allowed ;
(c) in respect of wine, by partial concentration through cooling.
(c) in respect of wine, by partial concentration through cooling.
1a.  The addition of sucrose provided for in paragraph 1 (a) and (b) may only be performed by dry sugaring and only in wine-growing regions in which it is traditionally practiced in accordance with legislation in force on 8 May 1970, in cases where, owing to unfavourable climatic conditions, this practice is necessary in order to obtain the minimum alcohol strength.
Amendment 272
ANNEX V, POINT (B), PARAGRAPH 4, POINT (A)
(a) in wine-growing zone A in accordance with Annex IX , to more than 11.5% vol.,
(a) in wine-growing zone A to more than 12% vol.,
Amendment 273
ANNEX V, POINT (B), PARAGRAPH 4, POINT (B)
(b) in wine-growing zone B in accordance with Annex IX , to more than 12% vol.,
(b) in wine-growing zone B to more than 12.5% vol.,
Amendment 274
ANNEX V, POINT (B), PARAGRAPH 4, POINT (C)
(c) in wine-growing zone C I (a) and C I (b) in accordance with Annex IX , to more than 12.5% vol.,
(c) in wine-growing zone C I (a) and C I (b) to more than 13% vol.,
Amendment 275
ANNEX V, POINT (B), PARAGRAPH 4, POINT (D)
(d) in wine-growing zone C II in accordance with Annex IX to more than 13%   vol., and
(d) in wine-growing zone C II to more than 13%  vol., and
Amendment 276
ANNEX V, POINT (B), PARAGRAPH 4, POINT (E)
(e) in wine-growing zone C III in accordance with Annex IX to more than 13.5%  vol.
(e) in wine-growing zone C III to more than 13.5%  vol.
Amendment 277
ANNEX V, POINT (B), PARAGRAPH 5, POINT (A)
(a) for red wine raise the upper limit of total alcoholic strength by volume of the products referred to in point 4 to 12% vol. in wine-growing zone A and 12.5% vol. in wine-growing zone B in accordance with Annex IX;
(a) raise the upper limit of total alcoholic strength by volume of the products referred to in point 4 to 12% vol. in wine-growing zone A and 12.5% vol. in wine-growing zone B in accordance with Annex IX;
Amendment 278
ANNEX V, POINT (B), PARAGRAPH 5, POINT (B)
(b) raise the total alcoholic strength by volume of the products referred to in point 4 for the production of wines with a designation of origin in wine-growing zones A and B to a level to be determined by Member States.
Deleted
Amendment 279
ANNEX VI, POINT (B), PARAGRAPH 5
5.  Subject to any different decision the Council may take in accordance with the international obligations of the Community, fresh grapes, grape must, grape must in fermentation, concentrated grape must, rectified concentrated grape must, grape must with fermentation arrested by the addition of alcohol, grape juice and concentrated grape juice originating in third countries may not be turned into wine or added to wine in the territory of the Community.
5.  Fresh grapes, grape must, grape must in fermentation, concentrated grape must, rectified concentrated grape must, grape must with fermentation arrested by the addition of alcohol, grape juice and concentrated grape juice originating in third countries may not be turned into wine or added to wine in the territory of the Community.
Amendment 280
ANNEX VI, POINT (C)
Subject to any different decision the Council may take in accordance with the international obligations of the Community, coupage of a wine originating in a third country with a Community wine and coupage between wines originating in third countries shall be prohibited in the Community.
Coupage of a wine originating in a third country with a Community wine and coupage between wines originating in third countries shall be prohibited in the Community.
Amendment 281
ANNEX VI, POINT (D)
D.  By-products
Deleted
1.  Over-pressing of grapes shall be prohibited. Member States shall decide, taking account of local and technical conditions, the minimum quantity of alcohol, which shall in any case be higher than zero that shall be contained in the marc and the lees after pressing of the grapes.
2.  Except for alcohol, spirits and piquette, wine or any other beverage intended for direct human consumption shall not be produced from wine lees or grape marc.
3.  The pressing of wine lees and the re-fermentation of grape marc for purposes other than distillation or production of piquette is prohibited. Filtering and centrifuging of wine lees shall not be considered as pressing where the products obtained are of sound, genuine and merchantable quality.
4.  Piquette, where its production is authorised by the Member State concerned, shall be used only for distillation or for consumption in wine-producers" households.
5.  Any natural or legal persons or groups of persons who hold by-products shall be required to dispose of them under supervision and subject to conditions to be determined in accordance with the procedure referred to in Article 104(1).
Amendment 282
ARTICLE VII, POINT (A)
(a) for the wine year 2008/2009 (2009 budget year): EUR 430 million
(a) for the wine year 2009/2010 (2009 budget year): EUR 510 million
Amendment 283
ARTICLE VII, POINT (B)
(b) for the wine year 2009/2010 (2010 budget year): EUR 287 million
(b) for the wine year 2010/2011 (2010 budget year): EUR 337 million
Amendment 284
ARTICLE VII, POINT (C)
(c) for the wine year 2010/2011 (2011 budget year): EUR 184 million
(c) for the wine year 2011/2012 (2011 budget year): EUR 223 million
Amendment 285
ANNEX VII, POINT (D)
(d) for the wine year 2011/2012 (2012 budget year): EUR 110 million
Deleted
Amendment 286
ARTICLE VII, POINT (E)
(d) for the wine year 2012/2013 (2013 budget year): EUR 59 million.
Deleted
Amendment 287
ANNEX VIII
This Annex is deleted.
Last updated: 11 September 2008Legal notice