Diario Oficial de la Unión Europea del 15/1/2024 - Comunicaciones e Informaciones
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Source: Diario Oficial de la Unión Europea - Comunicaciones e Informaciones
Official Journal of the European Union
EN
C series
C/2024/694
15.1.2024
COMMISSION NOTICE
Questions and answers on the implementation of EU rules on the de-alcoholisation of wines C/2024/694
This document provides technical replies to questions that the Commission services have received, and have been discussed with experts from Member States, in relation to the application of the rules on the de-alcoholisation of wines.
This document is intended to assist national authorities and businesses in the application of this EU legislation. Only the Court of Justice of the European Union is competent to authoritatively interpret Union law.
1
We are reading the second sentence of the following provision as a restriction: The de-alcoholisation processes used shall not result in organoleptic defects of the grapevine product. The elimination of ethanol in grapevine products shall not be done in conjunction with an increase of the sugar content in the grape must. Regulation EU
No 1308/2013 1, Annex VIII, Part I, Section E.
We agree. The co-legislators introduced this provision because it seemed incoherent to start increasing the alcohol content of wine through enrichment of musts and later remove alcohol through de-alcoholisation. This is also in line with file 3.5.16 of the OIV code of oenological practices.
2
At first glance, it seems to be logical that the elimination of ethanol in grapevine products shall not be done in conjunction with an increase of the sugar content in the grape must. However, no market for these wines exists yet early 2022. Consequently, the producers would have to wait for the next harvest, because most of the basic wine made in Germany is made with enrichment.
We agree with this analysis, for the specific case presented in the question. If there is no basic wine from the harvest 2021 made without enrichment, it would not be possible to produce de-alcoholised wines in 2021-2022. That possibility would only materialise from harvest 2022 onwards. It is the responsibility of wine producers to programme their production each year in response to the market demand.
3
However, we might have to read the provision as follows: The elimination of ethanol in grapevine products shall not be done in conjunction with an increase of the sugar content in the grape must, but it might be done in conjunction with an increase of the sugar content in the grapes or new wine still in fermentation. Reasons: a grape must and new wine still in fermentation are different categories of grapevine products due to CMO, annex VII part II and b grape must and grapes are different categories of wine products due to Annex I to Delegated Regulation EU 2019/934 2.
The second sub-paragraph of Section E, Part I, of Annex VIII to Regulation EU No 1308/2013 prohibits de-alcoholisation if the grape must has been enriched. It indeed does not refer to the addition of sugar or musts to grapes or new wine still in fermentation for the purpose of enrichment.
However, in this respect, the question arises whether the enrichment of grapes or new wines still in fermentation would be in line with the spirit of the above legislation.
1 Regulation EU No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations EEC No 922/72, EEC No 234/79, EC
No 1037/2001 and EC No 1234/2007 OJ L 347, 20.12.2013, p. 671, ELI: http data.europa.eu/eli/reg/2013/1308/oj.
2 Commission Delegated Regulation EU 2019/934 of 12 March 2019 supplementing Regulation EU No 1308/2013 of the European Parliament and of the Council as regards wine-growing areas where the alcoholic strength may be increased, authorised oenological practices and restrictions applicable to the production and conservation of grapevine products, the minimum percentage of alcohol for by-products and their disposal, and publication of OIV files OJ L 149, 7.6.2019, p. 1, ELI: http data.europa.eu/eli/reg_del/2019/
934/oj.
ELI: http data.europa.eu/eli/C/2024/694/oj
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