Act No. 256 / 2011 Coll.
Act amending Act No. 321 / 2004 Coll., on Vinohradship and Vinosure and amending certain related laws (Vinohradship and Wine Act), as amended, and Act No. 452 / 2001 Coll., on the Protection of Designations of Origin and Geographical Indications and amending the Consumer Protection Act, as amended
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Effective from 01.09.2011
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256
THE LAW
of 20 July 2011
amending Act No 321 / 2004 Coll., on wine-growing and wine-growing and amending certain related laws (Law on wine-growing and wine-growing), as amended, and Act No 452 / 2001 Coll., on the protection of designations of origin and geographical indications and amending the Consumer Protection Act, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Vineyard and Wine Act
Act No. 321 / 2004 Coll., on Vinohradship and Vinosure and amending certain related laws (Vinohradship and Wine Act), as amended by Act No. 179 / 2005 Coll., Act No. 411 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 215 / 2006 Coll., Act No. 311 / 2008 Coll., Act No. 227 / 2009 Coll. is amended as follows:
1. Paragraph 1 (1), including footnote 1, reads as follows:
"(1) This law regulates further conditions and requirements in the field of wine-growing and wine-growing, following the directly applicable European Union1 (" European Union rules'). This law further regulates the exercise of state administration, including state supervision of compliance with the obligations laid down by European Union1) and this law, and the imposition of penalties for infringements.
1) Council Regulation (EEC) No 1601 / 1991 of 10 June 1991 laying down general rules for the definition, labelling and presentation of aromatised wines, aromatised wine-based drinks and aromatised wine-based cocktails, as amended by Council Regulation (EEC) No 3279 / 1992, Council Regulation (EC) No 3378 / 1994, Council Regulation (EC) No 2061 / 1996 and Council Regulation (EC) No 1882 / 2003. Commission Regulation (EC) No 122 / 1994 of 25 January 1994 laying down certain detailed rules for the application of Council Regulation (EEC) No 1601 / 1991 as regards the definition, labelling and presentation of aromatised wines, aromatised wine-based drinks and aromatised wine-based cocktails. Regulation (EC) No 178 / 2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety. Commission Regulation (EC) No 555 / 2008 of 27 June 2008 laying down detailed rules for the application of Council Regulation (EC) No 479 / 2008 on the common organisation of the market in wine as regards support programmes, trade with third countries, production potential and controls in the wine sector, as amended on 28 January 2009. Commission Regulation (EC) No 436 / 2009 of 26 May 2009 laying down detailed rules for the application of Council Regulation (EC) No 479 / 2008 as regards the register of vineyards, compulsory declarations and the collection of data for market monitoring, accompanying documents for the transport of wine products and records kept in the wine sector. Council Regulation (EC) No 491 / 2009 of 25 May 2009 amending Regulation (EC) No 1234 / 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation). Commission Regulation (EC) No 606 / 2009 of 10 July 2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479 / 2008 as regards the types of grapevine products, oenological practices and the restrictions applicable to them. Commission Regulation (EC) No 607 / 2009 of 14 July 2009 laying down certain detailed rules for the application of Council Regulation (EC) No 479 / 2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine products. ';
2. Paragraph 3 (1), including footnotes 4 to 16 and references thereto, shall be deleted and the designation of paragraph 2 shall be deleted.
3. In Section 3 of the introductory part of the provision, the word "further 'is deleted.
4. In Article 3 (d), the words "from the point of view of geographical location, narrowness, length of sun and soil 'are deleted.
5. In Article 3, at the end of point (h), comma is replaced by a semicolon, and the words "as product16) are also considered to be Grief, '.
footnote 16:
"16) Annex I, Part XII and Annex XIb to Council Regulation (EC) No 1234 / 2007. ';
6. in Article 3, point (i) is deleted;
Points (j) to (v) shall be renumbered as points (i) to (u).
7. in Article 3, point (o) is deleted;
Points (p) to (u) shall be renumbered as points (o) to (t).
8. in § 3 (t):
"(t) the wines put into circulation for the first time for the purposes of the delivery to the wine-growing fund of the producer mentioned in the production declaration, the quantity of which is reduced by 10% of the technological losses."
9. In Article 4 (3), the words "based on geographical location, holiness, soil climatic properties and historical data, records and knowledge 'are deleted.
10. Article 6 (1), § 8 (2), § 9 (3), § 10 (1) and (2), § 11 (2) (a) and (e), § 12 (1), (2) and (8), § 20 (2) (a), § 19 (1), § 20 (4) (b), § 20 (14) (a) and (b), § 20 (1), § 20 (2) (a), § 20 (3) (f), § 20 (4), § 20 (4) (b), § 20 (5), § 20), § 20 (14 (a) and (b), § 20 (1), § 20), § 20 (2), § 20), § 20 (f), § 20 (4), § 20), § 20 (5) (b) (a), § 37 (a) (a), § 39 (a), § 39 (7), § 10 (7) (a), § 5), § 10 (7), § 10 (7), § 39), § 10 (
11. in Article 6 (2), the words "from the vineyard or the vineyard of the grower on which they have been grown" shall be replaced by the words "vineyards on which vine grapes have been grown" and the words "hectares may be determined" shall be replaced by the words "the yield referred to therein."
12.Paragraph 6 (3), including footnote 104, reads as follows:
"(3) Where the yield per hectare referred to in paragraph 2 is exceeded, vine grapes may be used only for the production of wine without the designation of a variety, a vintage, a traditional indication (104), a protected designation of origin or a protected geographical indication, or put into circulation only as vine grapes intended for the production of wine without the designation of a variety, a vintage, a traditional indication, a protected designation of origin or a protected geographical indication.
104) Article 118u of Council Regulation (EC) No 1234 / 2007. Article 29 to 48 of Commission Regulation (EC) No 607 / 2009. '
13. In Article 8, the words "and publish them on its website 'shall be added at the end of the text of paragraph 2.
14. Paragraph 8 (4) reads:
"(4) The model application for authorisation of new plantings will be published by the Ministry on its website."
15. in Article 9 (5), the words "under special legislation26) ', including footnote 26, are deleted;
16. in Article 9 (6), the words "only within one wine-growing area" shall be deleted and at the end of the paragraph the words "the breeder may transfer his right to replanting free of charge to the reserve by submitting an application to the Constitution, which shall decide on the transfer to the reserve (29). The model of the application shall be published by the Ministry on its website. ';
17. in Paragraph 9, paragraph 8 is deleted;
Paragraph 9 shall become paragraph 8.
18.Paragraph 9 (8) reads as follows:
"(8) The model of the replanting right application referred to in paragraph 1 (a) and (b) and the model of the application for the transfer of the replanting right shall be published by the Ministry on its website. ';
19. In Paragraph 11, the sentence "Model of notification of the initiation, interruption or termination of production of a product shall be added at the end of paragraph 1, and the Ministry shall publish on its website. '.
20. In Article 12, the sentence "Model notification to be published by the Ministry on its website shall be added at the end of paragraph 4. ';
21. Paragraph 12 (7) reads:
"(7) The implementing act lays down the values for permissible technological losses in the manufacture of products. '
22. In Section 12, paragraph 10 is added, including footnotes 94 and 95:
"(10) In case of adverse weather conditions, the Ministry may issue measures of a general nature allowing acidification of certain products produced in the Czech Republic from grapes harvested in the Czech Republic in 94). In this general measure, the Ministry may also authorise repeated acidification 95). This measure of a general nature takes effect before considering its proposal with producers of products.
(94) Annex XVa (C) (6) to Council Regulation (EC) No 1234 / 2007.
95) Article 11 of Commission Regulation (EC) No 606 / 2009. '
23. In Article 13, the sentence "The model of the declaration of increased sugar content shall be published by the Ministry on its website at the end of paragraph 1. ';
24. Paragraph 13 (4), including footnote 96, reads as follows:
"(4) The natural alcoholic strength of fresh grapes, grape must, partially fermented grape must and young wine may be increased if the values laid down in European Union96 are not exceeded).
96) Annex XVa, Part A, point 2 to Council Regulation (EC) No 1234 / 2007. ';
25. In Section 13, the following paragraph 5 is added:
"(5) For red wine produced in the Czech Republic from grapes harvested in the Czech Republic, the upper limit of the total alcoholic strength in zone A97 may be increased to 12% vol and in zone B97) to 12,5% vol.
(97) Point 7 of Annex XVa (B) to Council Regulation (EC) No 1234 / 2007. ';
26. in Paragraph 14 (3):
"(3) The model of the sweetening declaration shall be published by the Ministry on its website."
27. in Article 16, paragraph 3 is deleted;
Paragraphs 4 to 11 shall be renumbered paragraphs 3 to 10.
28. in Paragraph 16 (4):
"(4) The consumer-specific packaging may include awards obtained or medals from competitions and wine exhibitions. '
29. in Article 16 (7) (e), including footnote 47a,
"(e) a verbal statement of the residual sugar content, to the extent prescribed by the European Union47a, to indicate the sugar content on the labels.
47a) Commission Regulation (EC) No 607 / 2009. '
30. Paragraph 16 (8) is deleted.
Paragraphs 9 and 10 shall be renumbered paragraphs 8 and 9.
31. in Paragraph 16 (9):
"(9) The implementing act shall specify the particulars which may appear on the label of the product and the requirements under which such particulars may be indicated on the label. ';
32. In Article 16, paragraphs 10 to 12 are added, including footnotes 98 and 99:
"(10) The Ministry shall decide on the allocation of the European Union98 code if the applicant fulfils these conditions
(a) is a registered manufacturer pursuant to Article 11 (1);
(b) in the last five years, he has not been finally sanctioned for an administrative offence relating to the register of wine-growing and wine-growing in excess of CZK 10 000 or initiated an administrative procedure for an administrative offence concerning the register of wine-growing and wine-growing,
(c) is a payer of contributions to the Wine Fund.
(11) The Ministry will decide to withdraw the European Union98 code) to the user if it infringes any of the conditions under which the code was assigned to it.
(12) Where the name or address of a bottler, manufacturer, importer or seller consists of or contains a protected designation of origin or a protected geographical indication, they shall be indicated on the label using the code assigned in accordance with paragraph 1099).
98) Article 56 (5), second subparagraph, of Commission Regulation (EC) No 607 / 2009.
99) Article 56 (6) (b) of Commission Regulation (EC) No 607 / 2009. '
Article 33 (16a) reads:
The designation "Chateau 'or" Château' may be indicated on the label. "Chateau 'or" Château' is a historical term associated with a type of area and type of wine reserved for wines originating in an undertaking which actually exists under that name or which is called precisely that word. Such an undertaking shall be referred to in this name or word continuously for at least 15 years and the grapes shall come exclusively from that undertaking or the production of wine shall be carried out in that undertaking. '
Article 34 (17), including the title, reads:
Country wine
(1) Wine may be designated "Land wine" if:
(a) it has been produced from grapes harvested in the territory of the Czech Republic which are suitable for the production of a quality wine of a specified region or of varieties listed in the list of varieties laid down in the implementing legislation;
(b) the grapes from which the wine has been produced have reached a sugar content of at least 14 degrees of the standardized muster;
(c) meets the quality requirements laid down in the implementing legislation;
(d) meets the requirements of European Union1);
(e) comes exclusively from the wine-growing region of Bohemia or exclusively from the wine-growing region of Moravia and the grapes have been processed into wine in that region.
(2) In addition to the mandatory particulars laid down in European Union rules, the label of the country wine must include the geographical indication "Czech" or "Moravian" according to the wine-growing area in which the wine was produced and the designation "wine-growing region."
(3) In addition to the particulars referred to in paragraph 2, the label of the country's wine may contain the following optional particulars:
(a) the name of the variety or varieties, under the conditions laid down by European Union rules;
(b) where vine grapes have been shown to come from their own registered vineyards, in addition to the wine-growing area in the same size, the wine-growing community may be indicated. ";
35. footnotes 49, 50 and 50a are deleted, including the footnotes.
36. The following Section 17a is inserted after Section 17, including footnote 105:
(1) Wine without a protected designation of origin, protected geographical indication or traditional term, with the name of the variety or the designation of the year, must be produced from grapes whose yield does not exceed 14 tonnes per ha and must come from varieties referred to in Article 17 (1) (a). The labelling of this wine or the commercial designation of that wine referred to in Article 16 (7) (a) may not indicate the vine varieties listed in the State Variety Book (105). The term "varietal wine 'shall not be used on the label of this wine or on the trade description of that wine as referred to in Article 16 (7) (a).
(2) Wine without a protected designation of origin, a protected geographical indication or a traditional term with the name of the variety or the designation of the year is subject to certification. The manufacturer of this wine shall pay the costs of certification under the European Union103). The implementing act shall set the amount of the flat-rate amount of certification costs. The inspection shall decide on the reimbursement of the costs of certification. The certification shall be carried out in particular by checking the records.
105) Act No. 218 / 2003 Coll. '.
37. In Paragraph 18, at the end of paragraph 6, the dot is replaced by a comma and the following point (c) is added:
"(c) the quality registration number."
38. In Article 18, paragraphs 8 and 9 are added, including footnote 100:
"(8) The designation" wine with a protected designation of origin 'or "PDO wine' need not appear on the label of a quality wine 100).
(9) If, in the case of quality wine, the sugar content of must is increased by a product, this product must be produced in the Czech Republic and derived from grapes harvested in the Czech Republic. This does not apply if it is rectified concentrated grape must.
100) Article 59 of Commission Regulation (EC) No 607 / 2009. '
39. In Paragraph 19, the sentence "However, if the must is declared after 2 months of sugar content of at least 32 degrees of standardized must-meter, pressing may be carried out."
40. In Article 19, paragraph 16 is added:
"(16) The designation" wine with a protected designation of origin "or" PDO "does not need to appear on the label of a quality wine with the addition of 100). '
41. In Paragraph 23, the sentence "The Ministry shall also decide on the application for an amendment of the authorisation within the period referred to in paragraph 7. 'is added at the end of paragraph 2.
42.Paragraph 23 (4) reads as follows:
"(4) An application for authorisation may be submitted to the Ministry by an association established under a special legislature (64) whose members are growers who have registered vineyards in the territory for which the association applies for authorisation or by producers who will be authorised to produce wine with original certification in the territory of the area where the vineyards of the members of the association are located. The producer buying grapes from vineyards registered in the territory indicated in the application and the authorisation may also be a member of the association. '
43. In Article 23 (5) (c), the words "the territory must be geographically linked" shall be replaced by "; vine grapes may only be grown in registered vineyards for wine with original certification."
44. in Article 23 (6) (a), the words "or the register" shall be inserted after the word "register."
45. in Article 23 (6) (c):
"(c) the statutes of the grouping, which shall contain the following conditions:
1. the association shall accept each member of the association on completely equal terms;
2. each member of the association must, during the period of validity of the authorisation, comply with the conditions necessary for the allocation of the code referred to in Article 16 (10); if the member of the association does not comply with the conditions necessary for the allocation of the code referred to in Article 16 (10), the authorities of the association shall, within three days at the latest, suspend the member of the association from the right to designate the wines produced by it as wines with the original certification according to the authorisation,
3. each member of the association must comply with the conditions under which the association grants the wine designation an original certification to its members. ';
46. Paragraph 23 (7) is deleted.
Paragraphs 8 to 15 shall be renumbered paragraphs 7 to 14.
47.Paragraph 23 (7) reads as follows:
"(7) The Ministry shall issue a decision on the application for authorisation no later than 1 year after its submission. Each registered vineyard may be indicated only in a single authorisation decision. ';
48. In Article 23 (9), the words "in writing and in a way that allows remote access' are replaced by the words" in electronic format '.
49. In Article 23 (10), "web 'is replaced by" Internet'.
50. In Paragraph 23 (11), the words "the European Community 'are replaced by the words" the European Union'.
51. Paragraph 23 (14) reads:
"(14) The implementing act shall specify the scope of the characteristics of the wine characteristics indicated in the application. The model application for authorisation shall be published by the Ministry on its website. ';
52. Paragraph 25, including the title, reads:
Odalolized wine and low-alcoholic wine
(1) Odal-fortified wine, de-fortified sparkling wine or de-fortified semi-sparkling wine is a wine drink for which the alcoholic strength by distillation or other technology has been reduced to 0,5% by volume of 65) or less. In production, grape must, concentrated grape must or sugar may be added in such a quantity that the residual sugar content of the final product does not exceed 75 g / l. It is also permitted to add carbon dioxide and natural flavourings and naturally identical flavours66).
(2) Low-alcoholic wine, low-alcoholic sparkling wine or low-alcoholic semi-sparkling wine is a beverage which has been produced as a de-alcoholic wine, de-alcoholic sparkling wine or de-alcoholic semi-sparkling wine, or by mixing de-alcoholic wine with wine and whose alcoholic strength by volume of more than 0,5% vol. 65) but not more than 5% vol. In production, grape must, concentrated grape must or sugar may be added in such a quantity that the residual sugar content of the final product does not exceed 75 g / l. It is also permitted to add carbon dioxide and natural flavourings and naturally identical flavours66).
(3) Odalocolized wine shall be designated "de-fortified wine." The name "de-fortified sparkling wine 'shall be omitted. The name" de-liquidated semi-sparkling wine' shall be omitted. Odalholized wine, de-alcoholic sparkling wine or de-alcoholic semi-sparkling wine may also be described as non-alcoholic wine, non-alcoholic sparkling wine or non-alcoholic semi-sparkling wine. Low alcoholic wine shall be referred to as "low alcoholic wine '. Low-alcoholic sparkling wine shall be referred to as" low-alcoholic sparkling wine. "Low-alcoholic semi-sparkling wine shall be referred to as" low-alcoholic semi-sparkling wine. "In the case of the use of flavouring substances for the products referred to in paragraph 1 or 2, the name of the de-fortified wine, de-fortified sparkling wine, de-fortified semi-sparkling wine, low-alcoholic sparkling wine or low-alcoholic semi-sparkling wine shall be added to" aromatised'.
53. In Article 26 (3), at the end of the introductory part of the provisions, the words "except for the formalities laid down in the administrative rules' shall be added.
54. in Article 26 (3), point (a) is deleted;
Points (b) to (i) shall be renumbered (a) to (h).
55. Paragraph 26 (4) and (5), including footnote 68, read:
"(4) Before submitting an application for the classification of the wine by the manufacturer
(a) take samples of wine for analysis of wine; no other technological or oenological processes or treatments, except those which require the usual care of the wine, may be brought together after sampling; and
(b) ensure, at its cost, an analysis of wine in an accredited laboratory (hereinafter referred to as "the laboratory") by the accredited methods laid down for wine analyses by legislation.
(5) The list of laboratories will be published by the Ministry on its website.
68) Regulation (EC) No 765 / 2008 of the European Parliament and of the Council. '
56. Paragraph 26 (7) reads:
"(7) The application for the classification of the wine together with the annexes and the samples of the wine shall be submitted by the manufacturer to the Inspection. The application shall be submitted to the Inspection Authority in Brno. The model of the application shall be published by the Ministry on its website. ';
(57) In Article 26 (10), the words "in the form allowing remote access to the Constitution and in writing" shall be replaced by "in electronic form of the Constitution and" and the word "web" shall be replaced by "Internet."
58. In Article 26, the following paragraph 13 is added:
"(13) A classified wine with added value within the categories of supranational wine referred to in Article 19 (2), with the exception of straw and ice wine, or a quality wine may be downgraded by the manufacturer himself if the wine complies with the analytical requirements of that type laid down by the implementing legislation. This fact shall be communicated by the manufacturer no later than the following working day by electronic means to the Institute, indicating the information referred to in paragraph 3. This information shall be entered in the Register by the Institute. The downgrading shall be published by the Ministry in accordance with the second sentence of paragraph 10. ';
59. Paragraph 26a, including footnote 67, reads:
The wine manufacturer, which has been carried out by the supervisory authority to verify compliance with the specification of the protected designation of origin or protected geographical indication under the European Union Regulation, is obliged to pay the costs of verifying compliance with the specifications. The implementing act shall set the amount of the flat-rate amount of the costs of verifying compliance with the specifications. The inspection shall decide on the reimbursement of the costs of verifying compliance with the specifications.
67) Article 118p of Regulation (EC) No 1234 / 2007. '
60. Paragraph 27 (2) reads as follows:
"(2) Whoever puts the product into circulation must ensure compliance with the conditions laid down in Article 12 (2)."
61.In Article 27 (4) (a) (4), the words "(§ 23, 26) 'and the words" or' shall be deleted.
62. In Article 27 (4) (a) (5), the words "(26)" shall be deleted.
63.In Paragraph 27 (4), the following point 6 is added at the end of point (a):
"6. Its entire production is not properly documented in the records in accordance with § 30."
64. in Article 27 (4) (b) (1), "(23), (26)" shall be replaced by "or";
65.In Paragraph 27 (4) (b) (2):
"2. is of unknown origin or made from a product of unknown origins72)."
(66) In Article 27 (4) (b), points 3 to 6, including footnotes 72a and 72b, are deleted.
67. In Paragraph 27, the following paragraph 10 is inserted after paragraph 9:
"(10) The provisions of paragraphs 1 to 9 shall be without prejudice to the conditions and prohibitions on the putting into circulation of the product laid down by European Union provisions. ';
Paragraph 10 shall become paragraph 11.
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Regulation Information
| Citation | Act No. 256 / 2011 Coll., amending Act No. 321 / 2004 Coll., on wine-growing and wine-growing and amending certain related laws (Vineyard and Wine-growing Act), as amended, and Act No. 452 / 2001 Coll., on the protection of designations of origin and geographical indications and amending the Consumer Protection Act, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.08.2011 |
|---|---|
| Effective from | 01.09.2011 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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