Executive Summary:
This regulation amends Regulation (EC) No 606/2009 to update authorized oenological practices, aligning with technical progress and international standards set by the International Organisation of Vine and Wine (OIV). It introduces the use of malolactic fermentation activators while deferring the authorization of glutathione treatments for wine and must until it is approved as a food additive by the European Food Safety Authority. The regulation entered into force on the seventh day following its publication in the Official Journal of the European Union.
Key Points / Main Content:
Oenological Practices:
* Malolactic Fermentation Activators: Authorizes the use of malolactic fermentation activators under conditions specified in Appendix 22 to facilitate malolactic fermentation.
* Conditions for Activators: Activators must enrich the environment with nutrients and growth factors for lactic acid bacteria or adsorb bacterial inhibitors and not cause organoleptic deviations.
* Activator Specifications: Activators must comply with the International Oenological Codex by the OIV and, if microcrystalline cellulose, with Commission Regulation (EU) No 231/2012.
* Glutathione Treatment: Defers authorization for the treatment of wine and must with glutathione.
* Glutathione Approval: Authorization is pending its inclusion in the Union list of authorized food additives, contingent on a positive opinion from the European Food Safety Authority.
Amendment to Regulation (EC) No 606/2009:
* Annex I A of Regulation (EC) No 606/2009 is amended as per the Annex of this regulation.
Impact Analysis:
Union Wine Producers:
* Impact: Gains access to the use of malolactic fermentation activators, aligning them with practices available to third-country producers. May face temporary limitations on glutathione use.
* Action Required: Implement malolactic fermentation activators according to the conditions and limits defined in Appendix 22 and await potential future authorization regarding glutathione use.
European Commission:
* Impact: Required to consider the protection of human health when authorizing oenological practices for wine.
* Action Required: Await the European Food Safety Authority opinion regarding glutathione, and if positive, include it in the Union list of food additives.
European Food Safety Authority:
* Impact: Responsible for providing a scientific opinion regarding the safety of glutathione as a food additive.
* Action Required: Evaluate glutathione for its safety as a food additive and provide an opinion based on Article 32 of Regulation (EC) No 1331/2008.
Member States:
* Impact: Directly affected by the updated regulations on oenological practices.
* Action Required: Ensure the direct applicability and enforcement of this regulation within their jurisdictions.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
European Commission: An institution of the European Union, responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU.
Treaty on the Functioning of the European Union: One of the primary treaties of the European Union, outlining the scope of the EU's powers.
Regulation EU No 1308/2013: Regulation of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products.
International Organisation of Vine and Wine (OIV): An intergovernmental organisation dealing with technical and scientific aspects of viticulture and winemaking.
Regulation EC No 606/2009: Commission Regulation laying down certain detailed rules for implementing Council Regulation EC No 479/2008 as regards the categories of grapevine products, oenological practices and the applicable restrictions.
Regulation EC No 1333/2008: Regulation of the European Parliament and of the Council on food additives.
Regulation EC No 1331/2008: Regulation of the European Parliament and of the Council establishing a common authorisation procedure for food additives, food enzymes and food flavourings.
18.5.2016 EN Official Journal of the European Union L 127/1
II
(Non-legislative acts)
REGULATIONS
COMMISSION DELEGATED REGULATION (EU) 2016/765
of 11 March 2016
amending Regulation (EC) No 606/2009 as regards certain oenological practices
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1308/2013 (1) 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, and in particular Article 75(2)
and (3)(g) and Article 147(3)(e) thereof,
Whereas:
(1) In accordance with Article 3 of Commission Regulation (EC) No 606/2009 (2), authorised oenological practices
are laid down in Annex I A to that Regulation. The International Organisation of Vine and Wine (OIV) has
adopted three new oenological practices, concerning the use of malolactic fermentation activators, the treatment
of wine with glutathione and the treatment of must with glutathione. In order to take account of technical
progress and to provide Union producers with the same possibilities as those available to third-country
producers, those new oenological practices should be authorised in the Union under the conditions of use
defined by the OIV.
(2) In accordance with Article 80(3)(b) of Regulation (EC) No 1308/2013, when authorising oenological practices for
wine, the Commission has to take into account the protection of human health.
(3) Glutathione is used for its antioxidative properties and remains active in the final product, therefore it is used as
a food additive. However it is not currently included in the Union list of food additives approved for use in foods
set out in Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council (3).
Consequently, the treatment of wine with glutathione and the treatment of must with glutathione cannot be
authorised as new oenological practices in the Union until it is included in the Union list of food additives, on
the basis of a European Food Safety Authority positive opinion as regards glutathione, as set out in Article 3(2)
of Regulation (EC) No 1331/2008 of the European Parliament and the Council (4).
(4) Regulation (EC) No 606/2009 should therefore be amended accordingly,
(1) OJ L 347, 20.12.2013, p. 671.
(2) Commission Regulation (EC) No 606/2009 of 10 July 2009 laying down certain detailed rules for implementing Council Regulation (EC)
No 479/2008 as regards the categories of grapevine products, oenological practices and the applicable restrictions (OJ L 193, 24.7.2009,
p. 1).
(3) Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (OJ L 354,
31.12.2008, p. 16).
(4) Regulation (EC) No 1331/2008 of the European Parliament and of the Council of 16 December 2008 establishing a common authoris
ation procedure for food additives, food enzymes and food flavourings (OJ L 354, 31.12.2008, p. 1).L 127/2 EN Official Journal of the European Union 18.5.2016
HAS ADOPTED THIS REGULATION:
Article 1
Amendment of Regulation (EC) No 606/2009
Annex I A to Regulation (EC) No 606/2009 is amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 March 2016.
For the Commission
The President
Jean-Claude JUNCKER18.5.2016 EN Official Journal of the European Union L 127/3
ANNEX
Annex I A to Regulation (EC) No 606/2009 is amended as follows:
(1) in the table, the following row 56 is added:
1 2 3
Oenological practice Conditions of use Limits on use Applications
‘56 Use of malolactic fermentation ac Under the conditions laid down
tivators in Appendix 22’
(2) the following Appendix 22 is added:
‘Appendix 22
Malolactic fermentation activators
The purpose is to add malolactic fermentation activators at the end or after the alcoholic fermentation to facilitate
malolactic fermentation.
Promote the initiation, kinetics or completion of malolactic fermentation:
(a) by enriching the environment with nutrients and growth factors for acid lactic bacterias;
(b) by the adsorption of some bacteria inhibitors.
Prescriptions
(a) Activators are microcrystalline cellulose or products derived from the degradation of yeasts (autolysates,
inactivated yeasts, yeast walls).
(b) Activators can be added to wine or fermenting wine before or during malolactic fermentation.
(c) The activators do not have to induce to organoleptic deviations in wine.
(d) Malolactic fermentation activators must comply with the specifications prescribed by the International
Oenological Codex published by the OIV. If the activators are microcrystalline cellulose they must comply with
the specifications laid down in the Annex to Commission Regulation (EU) No 231/2012 (*).
(*) Commission Regulation (EU) No 231/2012 of 9 March 2012 laying down specifications for food additives
listed in Annexes II and III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council
(OJ L 83, 22.3.2012, p. 1)’.