Amendments to Delegated Regulation (EU) 2019/33
Article 1
Open ↗Delegated Regulation (EU) 2019/33 is amended as follows: (1) Article 5 is replaced by the following: ‘Article 5 Derogations concerning production in the demarcated geographical area 1. By way of derogation from Article 93(1), points (a)(iv) and (b)(iv), of Regulation (EU) No 1308/2013, and on condition that the product specification so provides, a product which has a protected designation of origin or geographical indication may be made into wine in any of the following locations: (a) in an area in the immediate proximity of the demarcated area in question; (b) in an area located within the same administrative unit or within a neighbouring administrative unit, in conformity with national rules; (c) in the case of a trans-border designation of origin or geographical indication, or where an agreement on control measures exists between two or more Member States or between one or more Member States and one or more third countries, in an area situated in the immediate proximity of the demarcated area in question. 2. By way of derogation from Article 93(1), point (a)(iv), of Regulation (EU) No 1308/2013, and on condition that the product specification so provides, a product may be made into sparkling wine or semi-sparkling wine bearing a protected designation of origin beyond the immediate proximity of the demarcated area in question if this practice was in use prior to 1 March 1986. 3. By way of derogation from Article 93(1), point (a)(iv), of Regulation (EU) No 1308/2013, with regard to liqueur wines with the protected designation of origin “Condado de Huelva”, “Málaga” and “Jerez-Xérès-Sherry”, the must of raisined grapes to which neutral alcohol of vine origin has been added to prevent fermentation, obtained from Pedro Ximénez vine variety, may come from the “Montilla-Moriles” region.’ ; (2) Article 6 is deleted; (3) Article 10 is deleted; (4) in Article 11(1), first subparagraph, point (c), point (iii) is replaced by the following: ‘(iii) the registration of the proposed name would jeopardise the rights of a trade mark holder or of a user of a fully homonymous name or of a compound name, one term of which is identical to the name to be registered, or the existence of partially homonymous names or of other names similar to the name to be registered which refer to grapevine products which have been legally on the market for at least five years preceding the date of the publication provided for in Article 97(4) of Regulation (EU) No 1308/2013.’; (5) Article 12 is deleted; (6) in Article 13(1), second subparagraph, point (b) is replaced by the following: ‘(b) of partially homonymous names or of other names similar to the name to be registered which refer to grapevine products which have been legally on the market for at least five years preceding the date of the publication provided for in Article 97(4) of Regulation (EU) No 1308/2013.’; (7) Article 14 is deleted; (8) Article 15 is deleted; (9) in Article 17(1), the third subparagraph is replaced by the following: ‘The application for a standard amendment shall provide a description of the standard amendments, provide a summary of the reasons for which the amendments are required and demonstrate that the proposed amendments qualify as standard in accordance with Article 105(2), third subparagraph, of Regulation (EU) No 1308/2013.’; (10) Article 20 is deleted; (11) Article 22 is deleted; (12) in Article 40, paragraph 2 is replaced by the following: ‘2. By way of derogation from paragraph 1, the following compulsory particulars may appear outside the field of vision referred to in that paragraph: (a) the substances or products causing allergies or intolerances referred to in Article 9(1), point (c), of Regulation (EU) No 1169/2011, where the list of ingredients is provided by electronic means; (b) the indication of the importer; (c) the lot number; and (d) the date of minimum durability.’ ; (13) in Article 45, paragraph 3 is deleted; (14) the following Article is inserted: ‘Article 48a List of ingredients 1. The term “grapes” may be used to replace the indication of the grapes and/or the grape must used as raw materials for the production of grapevine products. 2. The term “concentrated grape must” may be used to replace the indication of the concentrated grape must and/or the rectified concentrated grape must used for the production of grapevine products. 3. The oenological compounds categories, names and E numbers to be used in the list of ingredients are set out in Annex I, Part A, Table 2, of Delegated Regulation (EU) 2019/934. 4. Without prejudice to Article 41(1) of this Regulation, the terms to be used to indicate the oenological compounds causing allergies or intolerances in the list of ingredients, are laid down in column 1 of Table 2 of Part A of Annex I to Delegated Regulation (EU) 2019/934. 5. Additives under the categories “acidity regulators” and “stabilising agents” which are similar or mutually substitutable, may be indicated in the list of ingredients by using the expression “contains… and/or”, followed by no more than three additives, where at least one of those is present in the final product. 6. The indication of additives falling under the category “packaging gases” in the list of ingredients may be replaced by the specific particular “Bottled in a protective atmosphere” or “Bottling may happen in a protective atmosphere”. 7. The addition of tirage liqueur and expedition liqueur to grapevine products may be indicated by the specific particulars “tirage liqueur” and “expedition liqueur”, alone or accompanied, in brackets, by a list of their constituents, as laid down in Annex II to Delegated Regulation (EU) 2019/934.’ ; (15) in Article 51, the fourth paragraph is deleted; (16) in Article 57(1), the following third subparagraph is added: ‘By way of derogation from the first subparagraph, point (a), producers of sparkling wine, quality sparkling wine and quality aromatic sparkling wine may decide not to sheath the fastening with a foil.’; (17) in Article 58, paragraph 1 is replaced by the following: ‘1. Member States may render the use of the particulars and rules of presentation referred to in Articles 49, 50, 52, 53 and 55, and Article 57(1), third subparagraph, of this Regulation and Article 14 of Commission Implementing Regulation (EU) 2019/34 ( *1 ) compulsory, prohibited or limited for grapevine products bearing a protected designation of origin or geographical indication produced on their territory, by introducing conditions stricter than those laid down in this Chapter through the corresponding product specifications of those grapevine products. ( *1 ) Commission Implementing Regulation (EU) 2019/34 of 17 October 2018 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, amendments to product specifications, the register of protected names, cancellation of protection and use of symbols, and of Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards an appropriate system of checks ( OJ L 9, 11.1.2019, p. 46 ).’;" (18) in Annex III, Part B, the table is replaced by the following: ‘Terms Conditions of use сухо, seco, suché, tør, trocken, kuiv, ξηρός, dry, sec, secco, asciutto, sausais, sausas, száraz, droog, wytrawne, seco, sec, suho, kuiva, torrt If its sugar content does not exceed: — 4 grams per litre, or — 9 grams per litre, provided that the total acidity expressed as grams of tartaric acid per litre is not more than 2 grams below the residual sugar content. полусухо, semiseco, polosuché, halvtør, halbtrocken, poolkuiv, ημίξηρος, medium dry, demi-sec, abboccato, pussausais, pusiau sausas, félszáraz, halfdroog, półwytrawne, meio seco, adamado, demisec, polsuho, puolikuiva, halvtorrt, polusuho If its sugar content exceeds the maximum set at above but does not exceed: — 12 grams per litre, or — 18 grams per litre, provided that the total acidity expressed as grams of tartaric acid per litre is not more than 10 grams below the residual sugar content. полусладко, semidulce, polosladké, halvsød, lieblich, poolmagus, ημίγλυκος, medium, medium sweet, moelleux, amabile, pussaldais, pusiau saldus, félédes, halfzoet, półsłodkie, meio doce, demidulce, polsladko, puolimakea, halvsött, poluslatko If its sugar content exceeds the maximum set out in the second row of this table but does not exceed 45 grams per litre. сладко, dulce, sladké, sød, süss, magus, γλυκός, sweet, doux, dolce, saldais, saldus, édes, ħelu, zoet, słodkie, doce, dulce, sladko, makea, sött, slatko. If its sugar content is of at least 45 grams per litre.’