REPORT on the proposal for a Council regulation on the common organisation of the market in wine and amending certain Regulations

    28.11.2007 - (COM(2007)0372 – C6-0254/2007 – 2007/0138(CNS)) - *

    Committee on Agriculture and Rural Development
    Rapporteur: Giuseppe Castiglione

    Procedure : 2007/0138(CNS)
    Document stages in plenary
    Document selected :  
    A6-0477/2007

    DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

    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 CommissionAmendments 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 the leading exporter, as well as the leading 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, overall 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 of 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 internal 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 a transition period between the current COM and the future COM should be established.

    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 developing 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, 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 budget allocated to the national programmes should be distributed on the basis of the historical distribution, the area under cultivation and the historical production.

    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 funding awarded to a Member State’s national development programmes – not including promotion measures – should not be less than the amount allocated to that Member State in 2008 for restructuring.

     

    Justification

    In terms of sums granted for restructuring, no Member State should be in a position whereby it is worse off than before. This would run counter to the aims and principles of the reform.

    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) One key measure 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, 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 market outlets and alternatives 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

    Justification

    Financial resources should be transferred to the national financial frameworks so that the Member States can use them more efficiently.

    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, one focus of the regulatory measures should be quality management and information measures.

    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 that prohibition.

    Amendment 21

    RECITAL 21 A (new)

    (21a) For reasons of environmental protection it is appropriate, albeit with certain derogations, to make it obligatory for all by-products of winemaking to be delivered 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.

    Justification

    Designations of production areas should be an integral component of designations of origin and geographical indications.

    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

    Justification

    It may be considered that the promotion of wines with geographical names at national level is a course of action which helps to increase wine sales outside the country concerned and does not adversely affect that country's other wines.

    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.

     

    Justification

    As things stand, there is no requirement to indicate the status of the bottler on wine labels. Consumers do not know, therefore, whether they are buying a wine from a trader, a cooperative or an independent winemaker. However, consumers’ prime concern when purchasing a bottle of wine is to know who produced the wine.

    Indicating the status of the bottler will provide the consumer with the information needed to choose wine in full knowledge of how it has been conditioned and how it was produced.

    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 can offer 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. However, a distinction should be drawn between the responsibilities of those two types of organisation.

     

    Justification

    The Community rules should not accord special treatment solely to producer organisations which transfer ownership - i.e. which purchase their members’ output with a view to selling it on.

    There are a wide variety of players in the winemaking industry, each of whose specific characteristics should be taken into account. The Community rules must encourage diversity in group-formation initiatives, as concentration of supply does not necessarily call for a transfer of ownership.

    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 such 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 on principle. In the course of 2012 the effectiveness of the measures decided on in the 2007 reform of the wine market should be assessed and a decision taken on the continuation or lifting of planting rules.

    Justification

    It is not yet possible to assess the impact of the planned grubbing-up schemes on the wine market. Consequently, a decision on new plantings should be taken only once the grubbing-up measures have been completed and their impact on the market has become clear.

    Amendment 34

    RECITAL 55 A (new)

    (55a) Greater 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 areas concerned and with the level of quality capable of recording increased sales.

    Justification

    Effective supply management must adapt supply to demand, so that supply can be increased to match rising demand.

    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.

    Amendment 39

    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.

    Justification

    The Member States cannot assume sole responsibility for the support programmes. It is necessary for the Commission to approve the programmes, ensuring that they comply with Community law and do not distort competition between Community 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.

     

     

     

    Justification

    Undertakings must be able to turn to a one-stop shop for interventions in the sector. This is the only possible way to simplify the system.

    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.

    Justification

    The timetable proposed is unfeasible. A longer period is needed for the adoption of the implementing regulations prior to the new programmes being submitted.

    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.

    Justification

    The main aim of the reform is to increase the competitiveness of the wine sector. Flexibility of the measures, within a very stringent framework, could help to achieve the objectives of the reform, especially as regards the new Member States which were confronted with certain problems during the accession process.

    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, taking into particular consideration the needs of areas (including mountain regions) where conditions are difficult for growing vines and producing wine.

    Justification

    The cultivation and production of quality wine primarily takes place at a decentralised level. Therefore, in important decisions such as that on financing, the aim should be for cooperation between the various decision-taking levels within the state, with a view to drawing up a five-year plan, in which importance should also be attached to considerations relating to difficult cultivation and production conditions (including the steepness of the area).

    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.

    Justification

    In order to encourage greater aggregation of production, which the Commission itself has shown to be fragmented, Member States should be able to empower the producer organisations provided for in Article 54 of the Regulation to adopt comprehensive sectoral measures in the context of the national support programmes.

    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.

    Justification

    It is necessary for the Commission to approve the programmes, ensuring that they comply with Community law and do not distort competition between Community producers.

    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, SUBPARAGRAPH 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, SUBPARAGRAPH 2, POINT (A A) (new)

    (aa) restructuring of the sector;

    Amendment 51

    ARTICLE 7, SUBPARAGRAPH 2, POINT (A B) (new)

    (ab) crisis prevention;

    Amendment 52

    ARTICLE 7, SUBPARAGRAPH 2, POINT (D A) (new)

    (da) research and development;

    Amendment 53

    ARTICLE 7, SUBPARAGRAPH 2, POINT (D B) (new)

    (db) cultivation practices and environmental standards;

    Amendment 54

    ARTICLE 7, SUBPARAGRAPH 2, POINT (D C) (new)

    (dc) improvement of grape and wine quality.

    Amendment 55

    ARTICLE 7, SUBPARAGRAPH 2, POINT (D D) (new)

    (dd) private storage of wines, alcohols and musts;

    Amendment 56

    ARTICLE 7, SUBPARAGRAPH 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;

     

     

    Justification

    Extending range of actions for which the MS can obtain Commission approval makes it possible for the MS to make best possible use of its resources in line with its needs and possibilities.

    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.

     

    Justification

    In terms of sums granted for restructuring, no Member State should be in a position whereby it is worse off than before. This would run counter to the aims and principles of the reform.

    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 or protected geographical indication. In the case of other wines intended for consumption paragraph 1(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;

    Justification

    The purpose of promotion should be to open up new markets and recover lost ones for all the products covered by this Regulation. Particular importance should be attached to increasing sales of musts (an alcohol-free beverage) as a means of assisting the diversification of wine production.

    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 Regulation (EC) No 1083/2006, 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.

    Justification

    In order to ensure that technical-cooperation measures are consistent and compatible with actions accompanying international negotiations, those measures should be fully financed out of the COM budget.

    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 the promotion and market knowledge measure on 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 1, POINT (C A) (new)

    (ca) 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 of this Article.

    Justification

    Restructuring and conversion should be covered by a support scheme in areas recognised as producing quality wine, many of which also face specific disadvantages.

    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:

     

    - development of complex and multiregional systems of supply;

     

    - sharing between undertakings of genuine operational and strategic services;

     

    - management of facilities and production phases;

     

    - development of market knowledge and protection;

     

    - development of innovations.

     

    3. Support for restructuring measures shall be provided in the form of a contribution to the actual costs of implementing the activities and cannot 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.

    Justification

    The maximum flat-rate compensatory amount should be increased to 75%, in order to make the compensatory measure more equitable for wine growers who decide to trigger the mechanism under Article 11 of this Regulation.

    Amendment 82

    ARTICLE 11, PARAGRAPH 4 A (new)

    4a. The Member States concerned shall introduce control 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 detailed more specifically 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 arrangements concerning the implementation of this article shall be established in accordance with the procedure set out in Article 104.

    Justification

    The European Parliament resolution of 15 February 2007 (P6_TA(2007)0049) states that the general principles regarding the COM include ‘the wine-growing sector’s compliance with cross-compliance rules and sound agricultural cultivation practices ... which contribute to more and better ways of controlling production quality and quantity and protection of the environment with the ultimate objective of maintaining decent income levels for wine-growers and improving product quality’ (1(e)).

    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 vineyards used to produce wine with a designation of origin or geographical indication.

     

    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 and alternative outlets.

     

    6. Member States shall, on the basis of their specific characteristics, define the practices best suited to achieving these objectives and the amounts of the payments, in the light of the direct costs of implementing the practice.

    Amendment 86

    ARTICLE 13 D (new)

     

    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 of the following year, for a maximum period until 30 November and a minimum period:

     

    – until 1 August for musts;

     

    – until 1 September for wines.

     

    3. The Commission shall submit a report on the implementation of the private storage measure and proposals concerning its extension, adjustment or withdrawal.

     

    Justification

    It is important to include this inexpensive measure whose strong and positive impact on market regulation has been demonstrated, especially as public storage measures have been withdrawn.

    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)

    MARKET MECHANISMS

     

    Article 17a

    Aids for specific use

     

    Aid is hereby established for 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.

    Justification

    Since the delivery of musts for concentration makes a positive contribution to balancing the market, aid should be introduced for concentrated musts and rectified concentrated musts used for enrichment.

    More specifically, that aid would be designed to:

    - safeguard what is a common oenological practice in many Community regions;

    - take into account the investments made by producers;

    - prevent a potential interruption of trade flows that would result in an increase in product supply.

    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

    Only oenological practices authorised under Community law shall be used in the production in the Community of products covered by this Regulation.

    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.

    Justification

    Besides only being used to ensure the proper vinification, proper preservation or proper ageing of products, authorised oenological practices must also conform to traditional wine production methods.

    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'.

    Justification

    Clear labelling, irrespective of whether the presence of DNA or proteins in the end product as a result of the genetic modification can be proved, is consistent with the calls made by a large majority of consumers in countless market surveys, facilitates informed decision-making and ensures that consumers are not misled about the production processes employed.

    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 and the restrictions are listed in Annex VI.

    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

    Justification

    The use of experimental oenological practices often equates to the distortion of traditional methods of production. Therefore, in order to protect those methods, it should not be possible for experimental oenological practices to be authorised and defined simply via the Management Committee procedure.

    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, SUBPARAGRAPH 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, SUBPARAGRAPH 2, POINT (A)

    (a) authorised oenological practices and restrictions concerning sparkling wines;

    Deleted

    Amendment 103

    ARTICLE 26, SUBPARAGRAPH 2, POINT (B)

    (b) authorised oenological practices and restrictions concerning liqueur wines;

    Deleted

    Amendment 104

    ARTICLE 26, SUBPARAGRAPH 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, SUBPARAGRAPH 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 and repealing Regulation (EEC) No 2092/911.

    _____________

    1 OJ L 189, 20.7.2007, p. 1.

    Justification

    With a view to ensuring consistency and simplicity, the oenological practices for all wines, including organic wines, need to be laid down in wine-specific legislation under the COM in wine.

    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 that winemaking.

     

    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, the persons subject to the obligation shall deliver a quantity of wine from their own production, thus ensuring attainment of that percentage.

     

    Derogations may be made from paragraph 2 and the first subparagraph of this paragraph for categories of producers and production regions. Those derogations shall, in particular, provide for the withdrawal, under supervision and subject to conditions to be determined, of the by-products of processing and vinification.

     

    4. The delivery 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. The persons and groups 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

     

    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 Article 104 procedure.

    Justification

    The purpose of this amendment is to safeguard supplies of potable alcohol to industries which traditionally use it in order to maintain the necessary traditional quality of certain beverages derived from such alcohol.

    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, 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), 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 subject to certain conditions.

    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 additional or more rigorous characteristics 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;

    Justification

    The sites and/or areas which make up a specific wine-growing region should continue to enjoy EU protection. The wording of the amendment is intended to ensure that, for example, in addition to the designation of origin 'Franken' the traditional sites are also still protected as an integral component of the wine's 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;

    Justification

    The amendment makes explicitly clear that it is not necessary to specify one particular type of wine for each wine-growing area in order to be eligible for protection.

    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;

    Justification

    The text needs to be brought into line with Regulation (EC)No 510/2006, reinforcing the principle of the industrial cycle being completed in the defined geographical area.

    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;

    Justification

    The amendment makes explicitly clear that it is not necessary to specify one particular type of wine for each wine-growing area in order to be eligible for protection.

    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 as referred to in (2)(c) is situated.

    Justification

    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 check that 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.

    Justification

    Adaptation to Article 5(4) and (5) of Regulation (EC) No 510/2006. Simply setting a minimum time limit for objections does not ensure the national procedure is completed within a reasonable time.

    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 application referred to in Article 31(7) to check that it is justified and meets the conditions laid down in this Chapter. That examination shall be conducted within 12 months.

    Justification

    Adaptation to Article 6 of Regulation (EC) No 510/2006

    Amendment 125

    ARTICLE 33, SUBPARAGRAPH 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.

    Justification

    Adaptation to Article 7 of Regulation (EC) No 510/2006, which sets a different time limit for objections at European level.

    Amendment 126

    ARTICLE 33, SUBPARAGRAPH 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.

    Justification

    Under TRIPS, the protection afforded to geographical indications and designations of origin cannot be less than is afforded under Regulation (EC) No 1493/1999.

    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, 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 or 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 even greater 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, control 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 control 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.

    Justification

    Regulatory rather than management committee.

    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, SUBPARAGRAPH 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.

     

    Articles 5 and 7 of Decision 1999/468/EC shall apply. The period laid down in Article 5(2) of Decision 1999/468/EC shall be set at one month.

    Justification

    The implementing rules should be adopted by a regulatory committee rather than a management one.

    Amendment 146

    TITLE III, CHAPTER IV, HEADING

    Labelling

    Description, designation, presentation and protection of certain products

    Justification

    The heading in the current COM (Regulation 1493/1999) better reflects the issues covered in the articles in Chapter IV.

    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, SUBPARAGRAPH 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.

    Justification

    The current regulation (Regulation (EC) No 1493/99) permits the use of the sales designation 'wine' in the labelling of products made from raw materials other than grapes. This authorisation to use sales designations such as 'fruit wine', 'apple wine' or 'currant wine' has not, however, been included in the proposal for a new regulation.

    Wines made from fruit other than grapes are firmly rooted in the consumer consciousness and have been produced for centuries in many EU Member States. In Poland, wine production is a tradition dating back to the 13th Century.

    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, regional vin, 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;

    Justification

    Under current law, in the case of sparkling wine it is compulsory to indicate the nature of the product and, therefore, the residual sugar content. Consumers are used to being provided with this important item of information and it should therefore be retained.

    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, district in which he is established, and Member State.

     

    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.

     

    In cases where bottling or shipping takes place in a district other than that of the bottler or shipper or in a nearby district, the labelling information referred to in this paragraph shall be accompanied by a note specifying the district in which the operation took place; if it took place in another Member State, the latter 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 and musts and of the wine;

    Amendment 157

    ARTICLE 49, PARAGRAPH 1, POINT (F A) (new)

     

    (fa) indication 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, paragraph 1.

    Justification

    In the interests of consistency, to take into account the specific characteristics of wine labelling rules and, at the same time, avoid introducing fresh barriers to the free movement of wines in the internal market, the implementing rules governing public health indications must be laid down by the Commission in the specific framework of the COM for wine. Some Member States are making it compulsory for allergens to be included on the label for public health reasons (Article 30 of the EC Treaty), thereby stopping wine from other Member States entering their territory.

    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 SENTENCE

    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:

    Justification

    As under current law, the important optional particulars should be reserved for products which are the result of a first or second fermentation.

    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 references’ 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:

     

     

    (a) be sufficiently distinctive and enjoy a sound reputation within the Community markets;

     

     

     

    (b) have been used traditionally for at least 10 years in the Member State in question;

     

     

     

    (c) 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 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 the 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;

    Justification

    The use of sulphur dioxide has always been considered vital in the making of both red and white wines. There is currently a trend towards reducing the use of this additive.

    Because tolerance of sulphur dioxide varies from one person to the next, it is thought advisable to provide for the optional indication of the percentage of this additive on the label so as to provide more accurate information for the final consumer.

    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 indication 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, SUBPARAGRAPH -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, SUBPARAGRAPH 1 A (new)

    The Commission shall establish penalties for any failure to take the necessary measures.

    Amendment 175

    ARTICLE 53, SUBPARAGRAPH 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, SUBPARAGRAPH 2, POINT (D A) (new)

     

    (da) particulars of wines produced in accordance with the provisions implementing Regulation (EC) No 834/2007.

    Justification

    With a view to ensuring consistency and simplicity, labelling rules for all wines, including organic wines, need to be laid down in wine-specific legislation.

    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) 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, SUBPARAGRAPHS 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 such recognition to organisations involved in the transfer of ownership, i.e. producer organisations that purchase their members' output with a view to reselling it.

    Justification

    A wide range of actors are involved in the wine sector, and the specific characteristics of each need to be respected. Community rules should promote a diverse range of groupings, since transfer of ownership is not necessarily a precondition for concentration of supply.

    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);

    Justification

    In connection with the setting up of interbranch organisations, the reference here is to representatives of economic activities linked to the production of, trade in, or processing of wine (letter (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;

    Justification

    Amendment 188

    ARTICLE 55, POINT (C) (XII B) (new)

     

    (xiib) any measure in keeping with Community legislation.

    Justification

    In practice, inter-branch organisations (or sectoral organisations) in the Member States carry out under their own national systems various tasks that are not covered by the Commission proposal.

    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;

    Justification

    In connection with some produce – sparkling wines in particular – the raw material is subject to various intermediary transactions. It therefore needs to be clearly stated that the first transaction referred to in the regulation covers the produce offered 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).

    Justification

    The actions to be undertaken by organisations in the wine-growing sector should be included in the Integrated Wine Operational Programmes (IWOP) which must receive national and Community approval and be funded by the European Agricultural Guarantee Fund (EAGF).

    Amendment 193

    ARTICLE 61 A (new)

     

    Article 61a
    Accompanying measures for international negotiations

     

    In accordance with the procedure laid down 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, SUBPARAGRAPH 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.

    Justification

    Wine growers in the EU are required to comply with ever more stringent environmental protection standards. With a view to offsetting the competitive disadvantages which they may suffer as a result, a duty should be levied on imported wines not produced in accordance with those standards. The proceeds should be made available to the countries and holdings concerned as an incentive to raise their standards.

    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.

    Justification

    Inward processing does not serve to improve the market position of domestic wines, but merely reduces wine producers to a role as providers of raw materials.

    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 by 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 under 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

    Justification

    The regularisation procedure should not be obligatory. In Spain, penalties are being imposed and those who did not comply with earlier regularisation procedures are being required to grub up their vineyards. Opening another procedure now would cause the Member States’ administrations to lose credibility.

    Amendment 209

    ARTICLE 76, PARAGRAPH -1 (new)

     

    -1. The Member States may open a regularisation procedure for plantings planted before 31 December 1998.

    Justification

    The regularisation procedure should not be obligatory. In Spain, penalties are being imposed and those who did not comply with earlier regularisation procedures are being required to grub up their vineyards. Opening another procedure now would cause the Member States’ administrations to lose credibility.

    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

    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 above, 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 219

    ARTICLE 82, PARAGRAPH 5, 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 on Community territory 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;

    Justification

    Young farmers must be supported so that they remain in this sector of production.

    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 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 2011/2013.

    The grubbing-up scheme shall apply until the end of the wine year 2011/2012.

    Amendment 225

    ARTICLE 90, SUBPARAGRAPH 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, SUBPARAGRAPH 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.

    Justification

    Setting minimum premium levels ensures equitable treatment for the various European producers. Taking that minimum level as a starting point, the amount of premium will be established in each specific case on the basis of yield, to ensure that the grubbing-up measure is effective.

    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.

    Justification

    The timeframes established by the Commission are too short and must therefore be increased.

    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

    Justification

    As in the case of Article 14, there is no need to lay down requirements additional to those already contained in Regulation 1782/03, which apply to holdings that subscribe to the Single Payment Scheme.

    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).

    Justification

    If at all possible, Member States should ensure that the grubbing-up scheme does not apply in areas threatened by erosion.

    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 239

    ARTICLE 98, SUBPARAGRAPH 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;

    Justification

    In modern agricultural policy, the provision of public funding is made contingent on compliance with minimum standards of environmental friendliness. This principle should also apply to the common organisation of the wine market. However, since the concept of cross-compliance is linked to direct payments, only the principles and standards underpinning it can be incorporated into the regulation.

    Amendment 240

    ARTICLE 98, SUBPARAGRAPH 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 paragraph 1.

     

    Justification

    Member States in which the total area under vines in the open air is under 500 hectares are currently exempted from the obligation to establish a vineyard register. The exemption is granted to these Member States because the objectives to be achieved by the registers (i.e. to obtain and monitor information on production potential and trends in order to ensure a proper functioning of the wine market) aren’t applicable to Member States in which the production is limited and therefore dispensable.

    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 paragraph 1.

    Justification

    Member States in which the total area under vines in the open air is under 500 hectares are currently exempted from the obligation to establish a vineyard register. The exemption is granted to these Member States because the objectives to be achieved by the registers (i.e. to obtain and monitor information on production potential and trends in order to ensure a proper functioning of the wine market) aren’t applicable to Member States in which the production is limited and therefore dispensable

    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 following chapters and annexes:

    - Chapter I: General rules

    - Chapter II: Oenological practices

    - 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;’

    Justification

    Change to reflect exclusion of the indication of wine grape variety for wines without a designation of origin/geographical 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;’

    Justification

    Funds from the COM in wine intended to provide information on responsible drinking patterns should remain in the wine sector and not go to the alcoholic beverages sector.

    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 drinking patterns and harm linked to irresponsible alcohol consumption;’

    Justification

    Change to reflect exclusion of the indication of wine grape variety for wines without a designation of origin/geographical indication.

    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 No 1182/2007 of 26 September 2007 laying down specific rules as regards the fruit and vegetable sector1 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, SUBPARAGRAPH 1, 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:

    Justification

    The wording of this article poses a serious problem of legal uncertainty, since the market-regulation measures laid down in the current Regulation No 1493/99 and implemented before the entry into force of the Regulation could - according to the current timetable - generate payments up to May 2010. However, the Commission has no budget which stretches that far. Furthermore, the meaning of 'in respect of the wine year 2008/2009' is not clear.

    Amendment 255

    ARTICLE 117, SUBPARAGRAPH 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.

    Justification

    The protection of specific types of bottle, which would otherwise be discontinued by Article 117, is hereby retained.

    Amendment 256

    ARTICLE 118, SUBPARAGRAPH 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, SUBPARAGRAPH 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.

    Justification

    This definition is provided in the existing Regulation 1493/1999 and should be maintained.

    Amendment 259

    ANNEX II

    Replace all amounts by ‘p.m.’.

    Justification

    The budget allocation for national support programmes is based equally on the traditional budget allocation for the wine sector in the Member States, production volume and surface area. The wine sector budget allocated to the Member States finances measures under the first pillar of the agricultural policy.

    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, paragraph 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 PDO and PGI wines:

    (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, or

    - 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.

    Justification

    Under current law, quality sparkling wine/Sekt is a specific marketing term used to describe a specific quality category (Annex VIII(d)(2) to Regulation (EC) 1493/99). This category must be retained for continued use as a marketing term. The definition of quality sparkling wine set out in Annex V(i), Annex VI(k) and Annex VIII to Regulation (EC) 1493/99 should therefore be incorporated in Annex IV.

    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 foodstuffs1 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.

    Justification

    Traditional oenological processes should be retained.

    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 study into the reform 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.

     

    Justification

    In accordance with the European Parliament resolution of 15 February 2007 (P6_TA(2007)0049),'under Community law there should be a ban on the importation of fermented musts and on the mixing thereof with Community musts' (para. 61).

    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.

    Justification

    The ban on turning musts from third countries into wine and on mixing third-country wines with Community wines must be strengthened.

    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 2008/2010 (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.

    EXPLANATORY STATEMENT

    Background

    The European Union is a world leader on the international wine market. It represents 40% of the world’s vine-growing area, accounts for 65% of wine production, with over one and a half million holdings, is the world’s leading consumer, with 57% of global consumption, and is also the world’s leading exporter, with 65% of all exports.

    According to a study entitled ‘Mid-term prospects for the wine sector’, published by the European Commission in June 2007, the area under vines in Europe shrank from 4.5 million hectares in 1976 to 3.2 million hectares in 2004, before rising to 3.65 million hectares on the accession of Romania and Bulgaria.

    There have also been major fluctuations in the amount of wine produced in recent years. While production tailed off at the end of the 1990s, this was followed by a fresh increase that saw production levels climb to above average in the 2004/05 harvest year. It should however be emphasised that from that point onwards, owing not least to adverse weather conditions, the European wine industry has experienced rather low production levels. In the 2005/06 harvest year, EU-27 production was 4% lower than the average production level for the period 1999-2003, and the last harvest year 2006/07 numbers among one of the least productive in the last decade.

    Most of the wine produced in Europe is intended for direct human consumption. While this may have diminished in the large wine-producing Member States, there has been a simultaneous increase in demand in the other Member States. Analysis of the consumption statistics for the EU-15 has shown that between 1984 and 2004 there was a shrinkage in internal demand of 15 million hectolitres in 20 years, or in other words of 75 000 hectolitres or 0.65% per annum. However, it should be emphasised that the shrinkage in demand related essentially to so-called ‘table’ wines, while over the same period the demand for quality wines increased.

    As regards international trade, it is worth highlighting that, similarly to the period 1999-2006, exports of Community wine rose from 10.8 million hectolitres to the current 17.8 million hectolitres, which is equivalent to a 65% growth rate.

    However, imports grew even more significantly over the same period, rising from 5.2 million hectolitres in 1999 to 11.7 million in 2006, at an overall growth rate of 125%. Nevertheless, that rate of increase seems to have slowed as from 2004, as is shown by the fact that in 2006 imports into the EU-27 increased by 0.3 million hectolitres less than in 2005.

    The rapporteur’s general views

    Your rapporteur agrees with the approach taken in the Commission proposal on the current CMO in wine and with the need for a reform of the sector that restores the profile and competitiveness of Community wines and enables European producers to recapture former markets and capture new ones. While European producers may well be experiencing fierce competition from new producers, this is due not so much to the tailing-off in internal consumption as to exaggerated production costs, to over-rigid and complex regulations, which often limit the possibility of adjusting production to suit changes in demand, and to over-timid (or insufficiently aggressive) promotion and marketing policies.

    Although welcoming in principle the framework of the reform proposed by the European Commission, your rapporteur believes that certain changes should be introduced to make the new regime more cohesive and enhance the quality of European wines. To enable the European Union to consolidate its leading position in the wine sector, the reform of the CMO in wine should focus on improving quality. That means promoting, safeguarding and reinforcing regional, designation of origin and geographical indication wines, which represent quality European products on the world market.

    National support programmes

    Support programmes could provide a valuable means of enhancing and highlighting the diversity of European wine production. For that reason, greater flexibility should be injected into the use of Community financial resources by Member States, in order to respond more effectively to the requirements and specific characteristics of their own national wine sectors.

    In order to ensure the requisite subsidiarity, your rapporteur considers that the list of measures that can be adopted under support programmes should be extended by providing for actions to strengthen the entire industry, permit the development and application of new production technologies, manage commercial provision more efficiently and control production potentials and quality.

    Moreover, in order to render the European wine sector more dynamic and competitive in the context of a rapidly-growing world market, there is a need to strengthen instruments designed to promote markets more effectively and increase knowledge of them, by way of actions to improve the positioning of European wines on the market, and thereby to recapture that section of the internal market taken over by new producer countries and to penetrate emerging markets, such as China. Support for knowledge of the markets and the promotion of European wines is absolutely essential bearing in mind that, unlike competitors from outside the EU, who have invested in strengthening their holdings’ capacity to penetrate markets, the CMO in wine has until now been making limited provision - a little over EUR 16 million - for promotion, and makes no provision for knowledge of the markets or consultancy services to operators.

    Transfer of financing to rural development

    In response to the requests and concerns expressed by his colleagues, your rapporteur considers it essential that all the current budget for the CMO in wine be assigned entirely to the wine sector, since a transfer of resources to the second pillar of the CAP, despite in principle offering great benefits to the regions in which wine is produced, would drain away vast sums of money for purposes other than pure support for wine production.

    Oenological practices

    Your rapporteur welcomes the proposal by the European Commission to ban the practice of sugaring and agrees there is a need to make the rules on oenological practice more flexible, since all too often their rigidity impedes competitiveness. In order to accelerate the procedures for the recognition of new practices and, at the same time, to ensure that national requirements are respected, your rapporteur proposes, as an alternative solution to the one put forward by the Commission, that a positive list of the oenological practices permitted on Community territory be kept, and that a regulatory committee, as referred to in Decision 1999/468/EC, responsible for authorising new practices, be introduced.

    Regional brands and wine quality

    The system of regional brands, the quintessence of the European wine-making tradition, is certainly a winning model towards which extra-European production models are also leaning. It has until now been based solely on trademarks, which are beginning to bring to the fore their geographical location by way of the designation of geographical indication.

    Designations of origin and geographical indications warrant special attention and protection precisely because they are the flagship of quality European wine-making.

    While your rapporteur agrees with the Commission’s stance that the system of geographical indications for wine should be adapted to suit that for agri-food indications referred to in Regulation 510/2006, that adaptation must not result in a reduction in the level of protection afforded.

    Firstly, and as has already been laid down for agri-food designations and indications, the definition of 'designation of origin' and of 'geographical indication' cannot be shorn of its fundamental and typifying link to the area in which the wine is produced. Besides the origin of the grapes, these definitions must also refer to all the production phases, in such a way that the whole production process must be completed, albeit with certain exceptions, in the region delimited by the applicable rules. Only this can guarantee there is control over the quality of the wine and that its characteristics, which are inalienably bound to its place of origin, can be preserved.

    Secondly, the transition from the system of national recognition to that of Community recognition cannot in any way undermine designations already recognised by Member States, which should automatically be recognised and protected at Community level.

    Moreover, as in the case of oenological practices, the implementing rules should be adopted on the basis of the regulatory committee procedure, in order to ensure there is the necessary flexibility in the system and simultaneously to guarantee respect for specific local characteristics.

    Finally, in order to guarantee the quality of wine intended for the market and to safeguard the environment, pursuant to Article 174 of the Treaty, it is necessary to reintroduce the current ban on the overpressing of grapes and to provide for instruments to enforce this. By establishing that by-products of wine-making must contain a minimum level of alcohol, the ban will ensure that only the best wine is channelled onto the market. By-products, which is to say the discards from the wine-making process, are highly-polluting waste - so much so that in some Member States they are considered special waste that must be disposed of in specified ways. A host of risks arise from the lack of adequate legislative provisions on the disposal of by-products: lack of control on compliance with the ban, and consequently no possibility of guaranteeing the quality of the wine placed on the market, soil pollution, in clear violation of Article 174 TEC, and additional production costs, since the responsibility for disposal reverts to the producer, with adverse effects on their ability to compete on the world market.

    In order to avoid these risks, it is necessary to establish a mechanism for the collection and disposal of by-products that guarantees the quality of the wine through control on compliance with the ban, that does not entail additional costs for wine producers, that does not impact excessively on the Community budget for the CMO in wine, that ensures respect for the environment, in compliance with primary and secondary Community law, and that also allows the by-products of wine-making to the used for the production, inter alia, of renewable alternative energies.

    Labelling

    Your rapporteur disagrees with the Commission’s proposal to allow, for all wines, the optional indication on labels of the vintage year and wine grape variety. While the advantages of this for non-quality wines appear minimal, such an option would be hugely detrimental both to quality wine producers and to consumers. On the one hand, indicating the vintage year and wine grape variety would undermine the market value of geographical origin wines, especially in the case of varieties whose renown is closely linked to a particular geographical area, while on the other hand that indication could confuse or even deceive the consumer, as it is impossible to guarantee control over the contents of the bottle corresponding to the indications on the label.

    Moreover, some terms, and in particular the name of the designation of origin or geographical indication or the traditional term, must appear exclusively in the language used in the area of production, in order to avoid incorrect translations or usurpation.

    Grubbing-up and liberalisation of planting rights

    The introduction of a grubbing-up scheme with payment of a premium might be a valuable measure in support of the reform. In order for it to contribute effectively to reducing overproduction, this measure should encourage particularly the grubbing-up of vines whose yields have no or insufficient market outlets, especially if they are of low quality. Considering that anyone deciding to abandon production will primarily do so in the first years that the measure is applicable, your rapporteur proposes that the duration of the scheme be limited to three harvest years, with the premiums for the fourth and fifth years of the scheme being added to those for the first three years. This will enable wine producers who abandon production to receive a decent premium that meets their expectations as closely as possible. The amount of that premium should furthermore satisfy two fundamental requirements: respect for the principle of equality between European producers and effectiveness of the measure, avoiding the grubbing-up of plantings that have no significant impact in terms of production surpluses. Minimum premium levels should therefore be set as a function of the grubbing-up areas, on the basis of which each Member State will determine the amount of premium due to the holding on the basis of its historical yield.

    Already over the three-year definitive transplanting scheme, greater dynamism should, in the opinion of your rapporteur, be injected as regards planting rights, in order not to subsequently hamper the development of more competitive producers. That dynamism can be achieved by an increased circulation of planting rights at Community level and the effective use of rights from the national and regional reserves in those States in which these exist. It will only be possible to assess the appropriateness or otherwise of the liberalisation of wine-production areas, at least for certain products, when the grubbing-up scheme has closed, on the basis of an evaluation of the impact of grubbing-up, the improvement in the circulation of planting rights and the application of national support programmes.

    Based on the results of that analysis, the Commission could if appropriate present a proposal for the liberalisation of areas that do not constitute areas for the production of designation of origin or geographical indication wines.

    In fact, liberalisation in those areas would have devastating effects and destroy Europe's wine‑producing heritage: undermining of the financial value of the larger-scale investments made by quality wine producers, a loss of control on wine quality, with consequent impairing of the image of regional brands, and a fall in the value of the product.

    MINORITY OPINION

    pursuant to Rule 48(3) of the Rules of Procedure

    by Diamanto Manolakou, Vicenzo Aita and Ilda Figueiredo (GUE/NGL)

    We are opposed to the grubbing-up of hundreds of thousands of hectares of vines simply to satisfy the conditions imposed by the WTO and big business interests, which are seeking to increase concentration in the sector and boost imports.

    Rejecting the abolition of chaptalisation, which was a positive measure proposed by the Commission, allowing an increase of up to 4.5% vol., and the use of the term ‘wine’ for beverages not produced from grapes devalue the quality and specific characteristics of wine.

    We consider that these changes will be detrimental to the environment, biodiversity, consumers of quality products and small and medium-sized producers, particularly in disadvantaged and mountainous regions because along with the increased problems of cost and promotion associated with the specific quality characteristics of their wine products they will now also have to cope with competition from low-quality products.

    We believe that the wine sector has real possibilities for growth provided measures are taken to maintain and improve the quality characteristics of wine and improve its promotion, maintain biodiversity and support small and medium-sized producers, who make up the core of European quality wine production.

    PROCEDURE

    Title

    Common organisation of the market in wine

    References

    COM(2007)0372 - C6-0254/2007 - 2007/0138(CNS)

    Date of consulting Parliament

    27.7.2007

    Committee responsible

           Date announced in plenary

    AGRI

    3.9.2007

    Committee(s) asked for opinion(s)

           Date announced in plenary

    BUDG

    3.9.2007

    ENVI

    3.9.2007

    IMCO

    3.9.2007

     

    Not delivering opinions

           Date of decision

    BUDG

    17.7.2007

    ENVI

    17.7.2007

    IMCO

    12.9.2007

     

    Rapporteur(s)

           Date appointed

    Giuseppe Castiglione

    5.6.2007

     

     

    Discussed in committee

    17.7.2007

    12.9.2007

    9.10.2007

    21.11.2007

    Date adopted

    21.11.2007

     

     

     

    Result of final vote

    +:

    –:

    0:

    31

    7

    2

    Members present for the final vote

    Vincenzo Aita, Peter Baco, Sergio Berlato, Bernadette Bourzai, Niels Busk, Luis Manuel Capoulas Santos, Giuseppe Castiglione, Joseph Daul, Albert Deß, Gintaras Didžiokas, Michl Ebner, Carmen Fraga Estévez, Duarte Freitas, Ioannis Gklavakis, Lutz Goepel, Friedrich-Wilhelm Graefe zu Baringdorf, Esther Herranz García, Lily Jacobs, Elisabeth Jeggle, Heinz Kindermann, Vincenzo Lavarra, Stéphane Le Foll, Diamanto Manolakou, Véronique Mathieu, Rosa Miguélez Ramos, Neil Parish, Radu Podgorean, María Isabel Salinas García, Agnes Schierhuber, Willem Schuth, Czesław Adam Siekierski, Petya Stavreva, Dimitar Stoyanov, Csaba Sándor Tabajdi, Donato Tommaso Veraldi, Janusz Wojciechowski

    Substitute(s) present for the final vote

    Pilar Ayuso, Katerina Batzeli, Gábor Harangozó, Wiesław Stefan Kuc, Vladimír Železný

    Substitute(s) under Rule 178(2) present for the final vote

    Daniel Caspary, Anja Weisgerber