HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 47/56
EN
Official Journal of the European Union
20.2.2013
COMMISSION IMPLEMENTING REGULATION (EU) No 144/2013
of 19 February 2013
amending Regulation (EC) No 606/2009 as regards certain oenological practices and the applicable
restrictions and Regulation (EC) No 436/2009 as regards the registering of these practices in the
documents accompanying consignments of wine products and the wine sector registers to be kept
THE EUROPEAN COMMISSION,
to the traditional expression ‘passito’, and wines from
Hungary with a protected designation of origin or
Having regard to the Treaty on the Functioning of the European
protected geographical indication and having the right
Union,
to the expression ‘jégbor’ have a very high sugar
content and are produced in small quantities. In order
to ensure the preservation of these wines, Italy and
Having regard to Council Regulation (EC) No 1234/2007 of
Hungary have requested a derogation from the
22 October 2007 establishing a common organisation of agri
maximum limit on sulphur dioxide content. Maximum
cultural markets and on specific provisions for certain agri
limits on sulphur dioxide content of 350 mg/l for the
cultural products (Single CMO Regulation) ( 1 ), and in particular
Italian wines and 400 mg/l for the Hungarian wines
the third and fourth paragraphs of Article 121, Article 185a,
should be authorised.
Article 185c(3) and Article 192, in conjunction with Article 4
thereof,
(5) Carbon
dioxide
not
originating
from
alcoholic
fermen
tation of the cuvée may be present in sparkling wines as
Whereas:
a result of gaseous exchanges taking place when carbon
dioxide is used for transfer by counter-pressure. These
(1) In
accordance
with
Article
3
of
Commission
Regulation
gaseous exchanges do not increase the carbon dioxide
(EC) No 606/2009 of 10 July 2009 laying down certain
pressure and therefore should not lead to the conclusion
detailed rules for implementing Council Regulation (EC)
that these products have been aerated. It should be
No 479/2008 as regards the categories of grapevine
clarified that only gaseous exchanges with carbon
products, oenological practices and the applicable restric
dioxide from alcoholic fermentation of the cuvée which
tions ( 2 ), authorised oenological practices are laid down
are inevitable as a result of transfer by counter-pressure
in Annex I to that Regulation. The International Organi
must be accepted.
sation of Vine and Wine (OIV) has amended the
conditions of use of certain oenological practices
already authorised in the European Union. In order to
(6) In
accordance
with
Article
120g
of
Regulation
(EC)
No
provide EU producers with the same possibilities as those
1234/2007, Annex IV to Regulation (EC) No 606/2009
available to third-country producers, the conditions of
provides for certain methods of analysis enabling the
use of these oenological practices should be amended
establishment of the composition of products in the
in the EU on the basis of the conditions of use defined
wine sector and rules enabling it to be established
by the OIV.
whether these products have been subject to treatment

in breach of authorised oenological practices, in the
absence of methods or rules recommended and
(2) The
OIV
has
adopted
new
oenological
practices.
In
order
published by the OIV. The OIV has adopted certain
to provide EU producers with the new possibilities
specific methods to analyse grape sugar (rectified concen
available to third-country producers, these new oeno
trated grape must). The corresponding methods currently
logical practices should be authorised in the EU under
included in Annex IV to Regulation (EC) No 606/2009
the conditions of use defined by the OIV.
should be deleted.
(3) Appendix
10
to
Annex
I
A
to
Regulation
(EC)
No (7) Certain
oenological
practices
are
particularly
exposed
to
606/2009 contains requirements for the partial dealco
the risk of fraudulent use and must be indicated in the
holisation of wine. The concept of partial dealcoholi
registers and accompanying documents in accordance
sation of wine has been replaced at the OIV by that of
with Commission Regulation (EC) No 436/2009 of
the correction of the alcohol content of wine. The text of
26 May 2009 laying down detailed rules for the appli
the Appendix should therefore be amended. The
cation of Council Regulation (EC) No 479/2008 as
Appendix also stipulates that Member States may
regards the vineyard register, compulsory declarations
provide that the partial dealcoholisation of wine be
and the gathering of information to monitor the wine
subject to notification to the competent authorities. In
market, the documents accompanying consignments of
order to ensure efficient controls it should be specified
wine products and the wine sector registers to be kept ( 3 ).
that this is an advance notification before the implemen
Requirements relating to practices such as correcting the
tation in practice of the dealcoholisation treatment.
alcohol content of wines, acidification treatment by
cation exchanger and electro-membrane treatment
(4) Wines
from
Italy
of
the
type
‘aleatico’
which
have
the
specify that these practices should be entered in the
right to the protected designation of origin ‘Pergola’ and
registers referred to above. The rules regarding the regis
tration provided for in Regulation (EC) No 436/2009
( 1 ) OJ L 299, 16.11.2007, p. 1.
( 2 ) OJ L 193, 24.7.2009, p. 1.
( 3 ) OJ L 128, 27.5.2009, p. 15.

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EN
20.2.2013 Official
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should be amended to take into account the amendments
Article 2
made to Regulation (EC) No 606/2009 by this Regu
lation.
Amendment of Regulation (EC) No 436/2009
Regulation (EC) No 436/2009 is amended as follows:
(8)
Regulations (EC) No 606/2009 and (EC) No 436/2009
should therefore be amended accordingly.
(1) Article 41(1) is amended as follows:
(9) The
measures
provided
for
in
this
Regulation
are
in
(a) point (p) is replaced by the following:
accordance with the opinion of the Regulatory
Committee established by Article 195(3) of Regulation
‘(p) treatment by electrodialysis or by cation exchanger
(EC) No 1234/2007 and the opinion of the Management
to ensure the tartaric stabilisation of the wine or
Committee for the Common Organisation of Agricultural
acidification by cation exchanger treatment;’;
Markets,
(b) point (s) is replaced by the following:
HAS ADOPTED THIS REGULATION:
Article 1
‘(s) correction of the alcohol content of wine;’;
Amendment of Regulation (EC) No 606/2009
(c) the following point (v) is added:
Regulation (EC) No 606/2009 is amended as follows:
‘(v) acidification or deacidification by electro-membrane
(1) Annex I A is amended in accordance with the text in Annex
treatment.’;
I to this Regulation;
(2) Annex VI is amended in accordance with the text shown in
(2) Annex I B is amended in accordance with the text in Annex
Annex V to this Regulation.
II to this Regulation;
Article 3
(3) Annex II is amended in accordance with the text in Annex
Entry into force
III to this Regulation;
This Regulation shall enter into force on the third day following
(4) Annex IV is amended in accordance with the text in Annex
that of its publication in the Official Journal of the European
IV to this Regulation.
Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 February 2013.
For the Commission
The President
José Manuel BARROSO

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L 47/58
EN
Official Journal of the European Union
20.2.2013
ANNEX I
Annex I A to Regulation (EC) No 606/2009 is amended as follows:
(1) the table is amended as follows:
(a) in row 10:
(i) in column 1, the following indent is added:
‘— yeast protein extracts.’;
(ii) in column 3, the following text is added:
‘For the treatment of musts of white wines and rosé wines the limit on the use of yeast protein extracts shall
be 30 g/hl, and for the treatment of red wines it shall be 60 g/hl’;
(b) in row 40, the oenological practice in column 1 is replaced by the following text:
‘Correction of the alcohol content of wine’;
(c) the following rows are inserted:
‘48 Acidification
by
treatment
with
cation
Conditions and limits laid down in points C and
exchangers
D of Annex XVa to Regulation (EC) No
1234/2007 and Articles 11 and 13 of this
Regulation.
Under the conditions set out in Appendix 15.
49 Reduction
in
sugar
content
of
musts
For the products defined in point 10 of Annex
through membrane coupling
XIb to Regulation (EC) No 1234/2007, under
the conditions stipulated in Appendix 16.
50 Deacidification
by
electromembrane
Conditions and limits laid down in points C and
treatment
D of Annex XVa to Regulation (EC) No
1234/2007 and Articles 11 and 13 of this
Regulation.
Under the conditions set out in Appendix 17.’
(2) Appendix 10 is replaced by the following:
‘Appendix 10
Requirements for treatment to correct the alcohol content of wines
The aim of treatment to correct alcohol content (“the treatment”) is to reduce excessive levels of ethanol in wine in
order to improve the balance of flavour.
Requirements:
(1) The objectives may be achieved by separation techniques applied separately or in combination.
(2) The wines treated must have no organoleptic faults and must be suitable for direct human consumption.
(3) Elimination of alcohol from the wine may not be carried out if one of the enrichment operations laid down in
Annex XVa to Regulation (EC) No 1234/2007 has been applied to one of the wine products used in the
preparation of the wine in question.

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(4) The alcohol content may be reduced by a maximum of 20 % and the total alcoholic strength by volume of the
final product must comply with that defined in subparagraph (a) of the second paragraph of point 1 of Annex
XIb to Regulation (EC) No 1234/2007.
(5) The treatment is to be carried out under the responsibility of an oenologist or qualified technician.
(6) The treatment must be recorded in the register referred to in Article 185c(2) of Regulation (EC) No 1234/2007.
(7) The Member States may require this treatment to be notified in advance to the competent authorities.’;
(3) in Appendix 14 the third and fourth indents are replaced by the following:
‘— The treatment is to be carried out under the responsibility of an oenologist or qualified technician. The treatment
must be recorded in the register referred to in Article 185c(2) of Regulation (EC) No 1234/2007.
— The membranes used must comply with the requirements of Regulation (EC) No 1935/2004 and Commission
Regulation (EU) No 10/2011 (*) and with the national provisions adopted for the implementation thereof. They
must comply with the requirements of the International Oenological Codex published by the OIV.
___________
(*) OJ L 12, 15.1.2011, p. 1.’;
(4) the following Appendices 15, 16 and 17 are added:
‘Appendix 15
Requirements for acidification by treatment with cation exchangers
The aim of treatment with cation exchangers (“the treatment”) is to increase the titratable acidity and actual acidity
(reduction in pH) by partial physical extraction of cations using a cation exchanger.
Requirements:
(1) The treatment is to be carried out using cation exchange resins regenerated in the acid cycle.
(2) The treatment must be limited to the elimination of excess cations.
(3) To avoid the production of fractions of must or of wine, the treatment is to be performed continuously, with in-
line incorporation of the treated products into the original products.
(4) As an alternative, the resin could be directly incorporated into the tank, in the quantity required, then separated
by any appropriate technical method.
(5) All the operations are to be carried out under the responsibility of an oenologist or qualified technician.
(6) The treatment must be recorded in the register referred to in Article 185c(2) of Regulation (EC) No 1234/2007.
(7) The cationic resins used must comply with the requirements of Regulation (EC) No 1935/2004, EU and national
provisions adopted thereunder and the analytical requirements laid down in Appendix 4 to this Annex. Their use
must not excessively modify the physico-chemical composition or the organoleptic characteristics of the must or
wine and must comply with the limits set out in point 3 of the International Oenological Codex monograph
“Cation-exchange resins” published by the OIV.

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L 47/60
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Official Journal of the European Union
20.2.2013
Appendix 16
Requirements for treatment to reduce the sugar content of musts by membrane coupling
The aim of treatment to reduce sugar content (“the treatment”) is to remove sugar from a must by membrane
coupling linking microfiltration or ultrafiltration to nanofiltration or reverse osmosis.
Requirements:
(1) The treatment induces a reduction in volume as a function of the quantity of the sugar content of the sugar
solution removed from the initial must.
(2) The processes must allow the content of must constituents other than the sugars to be preserved.
(3) The reduction in sugar content of musts excludes the correction of the alcohol content of wines which are
derived from them.
(4) The treatment must not be used in conjunction with one of the enrichment operations provided for in Annex
XVa to Regulation (EC) No 1234/2007.
(5) The treatment is carried out on a volume of must determined as a function of the sugar content reduction
objective being sought.
(6) The objective of the first stage is to render the must suitable for the second stage of concentration and to preserve
the macromolecules greater in size than the membrane’s cut-off threshold. This stage may be carried out by
ultrafiltration.
(7) The permeate obtained during the first stage of treatment is then concentrated by nanofiltration or by reverse
osmosis.
The original water and the organic acids not retained by nanofiltration in particular may be reintroduced in the
treated must.
(8) The treatment must be carried out under the responsibility of an oenologist or qualified technician.
(9) The membranes used must comply with the requirements of Regulation (EC) No 1935/2004 and Regulation (EU)
No 10/2011 and with the national provisions adopted for the implementation thereof. They must comply with
the requirements of the International Oenological Codex published by the OIV.
Appendix 17
Requirements for deacidification by electro-membrane treatment
Electro-membrane treatment (“the treatment”) is a physical method for ionic must or wine extraction under the action
of an electric field using anion-permeable membranes and bipolar membranes. Using anion-permeable membranes
and bipolar membranes allows the reduction in titration acidity and actual acidity (increase in pH) to be controlled.
Requirements:
(1) The anionic membranes must be arranged so as to allow only the extraction of anions and in particular of
organic acids of must and wine.
(2) The bipolar membranes must be impermeable to the anions and cations of must and wine.

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(3) The wine obtained from must or the acidified wine by this treatment must contain at least 1 g.l -1 of tartaric acid.
(4) Deacidification by membrane and acidification are mutually exclusive.
(5) The process is to be carried out under the responsibility of an oenologist or qualified technician.
(6) The treatment must be recorded in the register referred to in Article 185c(2) of Regulation (EC) No 1234/2007.
(7) The membranes used must comply with the requirements of Regulation (EC) No 1935/2004 and Regulation (EU)
No 10/2011 and with the national provisions adopted for the implementation thereof. They must comply with
the requirements of the International Oenological Codex published by the OIV.’.
ANNEX II
In Annex I B to Regulation (EC) No 606/2009, point 2 of Part A is amended as follows:
(1) in point (d), the following indent is added:
‘— wines from Italy of the “aleatico” type entitled to the protected designation of origin “Pergola” and the traditional
expression “passito”;’;
(2) in point (e), the sixth indent is replaced by the following:
‘— wines from Hungary entitled to a protected designation of origin and described in accordance with Hungarian
provisions as “Tokaji máslás”, “Tokaji fordítás”, “Tokaji aszúeszencia”, “Tokaji eszencia”, “Tokaji aszú” or “Tppedt
szlbl készült bor” or “Jégbor”,’.
ANNEX III
The third paragraph of point 10 of Part A of Annex II to Regulation (EC) No 606/2009 is replaced by the following:
‘The use of carbon dioxide in the case of the process of transfer by counter-pressure is authorised under supervision
and on condition that the inevitable gaseous exchanges with the carbon dioxide from the alcoholic fermentation of
the cuvée do not increase the pressure of carbon dioxide contained in sparkling wines.’

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L 47/62
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Official Journal of the European Union
20.2.2013
ANNEX IV
In Annex IV to Regulation (EC) No 606/2009, points (a) to (e) of Part B are deleted.
ANNEX V
Figure 11 of point 1.4(b) of Part B of Annex VI to Regulation (EC) No 436/2009 is replaced by the following:
‘11: the alcohol content of the product has been corrected;’.

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