Decree No. 88 / 2017 Coll.
Decree on the implementation of certain provisions of the Law on wine-growing and wine-growing
Valid
Effective from 01.04.2017
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88
DECLARATION
of 21 March 2017
on the implementation of certain provisions of the Law on wine-growing and wine-growing
According to Article 42 of Act No. 321 / 2004 Coll., Act No. 215 / 2006 Coll., Act No. 256 / 2011 Coll. and Act No. 26 / 2017 Coll., as amended by Act No. 179 / 2005 Coll., Act No. 411 / 2005 Coll., Act No. 215 / 2006 Coll., Act No. 256 / 2011 Coll. and Act No. 26 / 2017 Coll., ("the Act '), as amended by Act No. 4 (4) (d), § 6 (4), § 11 (3), § 12 (7), § 14b (2), § 16 (4) and § 11, § 17 (1) (a) and § 17a (2), § 23 (14), § 26 (12), § 26a, § 27 (14), § 28 (8), § 30 (6) and § 37 (10):
List of varieties for the production of quality wine in a specified area
[K § 4 (4) (d) of the Act]
(1) The list of wine grape varieties from which it is permitted to produce quality wine in the specified regions consists of wine grape varieties in the State Variety Book (1) or in the Variety Books of the other countries of the European Union11). If the varietal book provides the first synonym of the names of wine grape varieties, these synonyms may be used.
(2) The names of certain varieties referred to in paragraph 1 may be replaced by the synonyms listed in Annex 1.
(3) The names of varieties referred to in paragraph 1 may be replaced by abbreviations. The use of abbreviations concerns only packages not intended for consumers, registers and accompanying documents. The list of abbreviations for each variety is set out in Annex 2.
More detailed requirements for the production of certain products and physical, chemical and sensory requirements for product quality
[Paragraph 11 (3) (a) of the Law]
(1) The list of diseases and defects in wine relating to the appearance, colour, smell, taste and sterling of wine is set out in Annex 3.
(2) The sensory quality requirements for wine, with the exception of sparkling wine, semi-sparkling wine, liqueur wine, de-alcoholic wine and low-alcoholic wine, are set out in Annex 4.
(3) The sensory quality requirements for semi-sparkling wine and sparkling wine are set out in Annex 5.
(4) The sensory quality requirements for liqueur wine are set out in Annex 6.
(5) The sensory quality requirements for de-alcoholic and low-alcoholic wines are set out in Annex 8.
(6) The physical and chemical quality requirements for wine, with the exception of de-alcoholic and low-alcoholic wines, are set out in Annex 9.
(1) For wines with a protected designation of origin and a protected geographical indication produced from grapes harvested in the Czech Republic, the total alcoholic strength by volume of 15% may be increased to 2).
(2) For quality wines with the addition of a selection of berries or iced wine, the volatile acid content shall not exceed 30 milliequivalents per litre of wine. For quality wines with the addition of cibeb or straw wines, the volatile acid content shall not exceed 35 milliequivalents per litre of wine (3).
Removal of by-products arising from the processing or manufacture of products
[Paragraph 11 (3) (b) of the Act]
(1) The removal of by-products resulting from the processing or manufacture of products is carried out
(a) their sale;
(b) by distillation thereof,
(c) their destruction in the vineyard; or
(d) in another demonstrable way.
(2) The manufacturer shall record the quantities of by-products resulting from the processing or manufacture of the products in the register referred to in Annex 16 and Annex 22, 23 or 24. In the event of the removal of by-products referred to in paragraph 1 (a) or (b), they shall accompany the proof that the by-products have been disposed of in this way.
(3) The minimum alcoholic strength by-products, in particular marc and wine lees, must be at least 5% of the total alcohol content of the wine obtained.
Allowed technological losses in product production
(Paragraph 12 (7) of the Law)
(1) Acceptable technological losses in the manufacture of products (hereinafter referred to as "loss standards") relate to the quantities handled, the basis being the volume of the product after fermentation before the first fermentation of yeast sludge.
(2) Losses in product production by operation, taking into account product production technology, are established as follows:
(a) first roll
1. without use of bentonite up to 6,0%,
2. using bentonite up to 8,0%,
(b) second winding
1. without use of bentonite up to 1,5%,
2. using bentonite up to 2,0%,
(c) training, the training being understood as a technological process for the production of wine resulting in the removal of undesirable substances and the improvement of the quality of the wine;
1. without use of bentonite up to 0,5%,
2. using bentonite up to 1,0%,
(d) filtration up to 1%;
(e) filling of the product into packaging up to 2%;
(f) handling losses up to 1%;
(g) storage losses (evaporation) for wooden barrels for each month up to 0,4%.
(3) The sum of the loss standards for each production operation referred to in paragraph 2 (a) to (f) shall not exceed the total permitted loss level of 12,5%.
(4) For the separate evaluation of individual operations, the
(a) the first bottling of the product produced before the first bottling multiplied by the first bottling loss standard;
(b) the second bottling of the product produced before the second bottling multiplied by the second bottling loss standard;
(c) training of the quantity of the product being trained multiplies the standard of loss for training;
(d) the filtration multiply the filtered quantity of the product by the loss standard for filtration;
(e) the performance of the product multiplies the quantity of the product submitted for compliance with the above-mentioned loss standard for the type of performance;
(f) handling shall take as a basis for calculating the loss standard the amount of resteer, blending and other activities carried out outside the first or second spawning sludge;
(g) storage shall take as the basis the initial supply of the product after the second rotation to calculate the loss standard.
(5) The provisions of paragraphs 1 to 4 shall not apply to products produced in the framework of research and breeding tasks and placed in containers of less than 60 litres.
Time limits for communicating the result of the analyses for unpackaged wine
(K § 14b of the Act)
The time limits for the receipt of the results of the analyses of the unpackaged wine provided for in Section 14b of the Act are set out in Annex 10. When combining multiple analyses, the time limit is longer. A sample of unpackaged wine shall be considered as a fact determining the beginning of the period.
Details concerning labelling of products
(Paragraph 16 (11) of the Law)
(1) Wine with a protected designation of origin or a protected geographical indication may be marked with the word "barrique" if such wine has matured for at least 6 months in an oak barrel of more than 210 litres and less than 250 litres which has not been used for the production of wine for more than 36 months. This designation may be supplemented by an indication of the time of maturing of the wine in months or years.
(2) Wine produced in the Czech Republic from grapes harvested in the Czech Republic with a protected designation of origin or a protected geographical indication can be marked with a traditional term
(a) "rosebud" or "goldfish" if the colour of the wine is apricot, pink, salmon or dark-colored and the wine was made exclusively from a mixture
1. blue and white or red grapes, the mixture of blue, white and red grapes being permitted; or
2. grape must of blue and white or red grapes, with a mixture of blue, white and red grapes permitted;
(b) "archive wine" if the wine is put into circulation at least 3 years after the year of harvest;
(c) "young wine" if the wine is offered for consumption to the final consumer not later than 30 April of the following year after the year of harvest of grapes used in the manufacture of that wine,
(d) "virgin harvest" or "virgin wine" if the wine originates from the first harvest of the vineyard; the first harvest of the vineyard shall be considered to have taken place not earlier than the second year following the planting of the vineyard;
(e) "matured on yeast" or "trained on yeast" or "beauty on yeast" or "sur lie" if the wine in production has been left on yeast for at least 6 months;
(f) "claret" in the case of white wine made from blue grapes without fermentation;
(g) "labin" in the case of wine made from blue grapes without fermentation in the wine-growing region of Bohemia.
(3) Wine produced in the Czech Republic from grapes harvested in the Czech Republic with a protected designation of origin can be marked with a traditional term
(a) "reserve," where wine, with the exception of sparkling and semi-sparkling wine, has matured for at least 24 months in a wooden barrel of at least 12 months in the case of red wine and 6 months in the case of white or pink wine and the remainder of that period in bottles,
(b) "reserve," where quality sparkling wine or quality sparkling wine of a specified area or production sect, produced by the traditional method of secondary fermentation in a bottle, has matured for at least 18 months in a sludge bottle;
(c) "grand reserve," where quality sparkling wine or quality sparkling wine of a specified area or production sect, produced by the traditional method of secondary fermentation in a bottle, has matured for at least 30 months in a bottle on sludge;
(d) "botrytic collection" or "premium" where the quality wine with the addition of the types of selection of grapes or selection of berries or selection of cibebs has been produced from grapes which have been at least 30% infected by the noble mould grey Botrytis cinerea P.
(4) Wine with a protected designation of origin or a protected geographical indication may be marked with the words:
(a) "matured in barrel," if the wine has been aged in a wooden barrel for at least 6 months, the type of wood in which such wine has matured 12) may also be indicated;
(b) "fermented in barrel" or "trained in barrel," where such wine has been fermented or trained in a wooden barrel, the type of wood in which such wine has been fermented or trained may also be indicated).
(5) Wine may be marked with the words "white," "pink" or "red"; the designation of pink may be replaced by the designation of "rose 'or" rosa'. Wines with a protected designation of origin or wines with a protected geographical indication may not be classified as "rose '," rosé' or "rose' if they are produced by mixing white and red wine.
(6) Wine with a protected geographical indication or wine with the name of a variety or the designation of a vintage or a wine without the name of a variety or the designation of a vintage originating in the Czech Republic may be marked with the words "Orange 'or" Orange' respectively; if the wine has undergone a long maceration, minor variations in appearance are permitted, taking into account the declared technology. For these wines, increases in natural alcoholic strength, sweetening and addition of other agents and preparations for the treatment of must or wine, excluding bentonite and sulphur dioxide preservatives, are not permitted; the maximum permissible residual sugar content is 4 g / l; the maximum permissible total sulphur dioxide content is 70 mg / l. The use of names such as "natural 'or" natural wine' or "natural wine 'or" live wine' and other terms of similar importance is prohibited.
(7) Sparkling or semi-sparkling wine with a protected geographical indication or sparkling or semi-sparkling wine with the name of the variety or the designation of the vintage or sparkling or semi-sparkling wine without the name of the variety or the designation of the vintage, originating in the Czech Republic, may be marked with the expression "pétillant naturel 'or" pét nat' or "PET NAT 'if the process of primary fermentation is completed in the bottle without the addition of a tirescent liqueur. Minor deviations in appearance are permitted, taking into account the declared technology. The use of names such as" natural' or "natural wine 'or" natural wine' or "live wine 'and other terms of similar importance is prohibited.
(8) Wine with a protected geographical indication or a wine with a variety name or a vintage designation or a wine without a variety name or a vintage designation originating in the Czech Republic may be marked with the indication "Unfiltered wine 'or" Not filtered' in respect of the declared technology without using sharp filtration, i.e. under 20 micrometres, with slight variations in appearance being allowed, taking into account the declared technology. In the case of such wines, increases in natural alcoholic strength and sweetening operations shall not be permitted; the maximum permissible residual sugar content is 4 g / l; the maximum permissible total sulphur dioxide content is 70 mg / l. The use of names such as "natural 'or" natural wine' or "natural wine 'or" live wine' and other terms of similar importance is prohibited.
(9) Where the designation of a variety or its synonym is permitted in the wine, that name or synonym shall be indicated in accordance with Article 1 (2) or Annexes 1 and 11.
(10) The labelling of the product in the consumer packaging may include information for the consumer concerning:
(a) the method of manufacture of the product;
(b) the characteristic sensory or analytical characteristics of the product;
(c) the history of the product, its producer or persons involved in the putting into circulation of the product, or activities in the wine-growing or wine-growing sector relating to the territory of the Czech Republic, where the product is made from grapes harvested in the territory of the Czech Republic;
(d) natural or technical conditions giving basic characteristics to the product;
(e) the maturity of the product achieved by the storage of the product;
(f) the recommendation for which food the product should be administered;
(g) the way in which it is appropriate to submit the product for consumption;
(h) the method of storage of the product;
(i) the designation "wine from breeding and research areas" where wine comes from vineyards where recognition procedures are carried out for the harvest of vine propagating material or for the treatment of a research task financed by a public grant.
(11) The indication of the product in the packaging intended for consumers may include a representation or pictorial reminder of a place or object situated in the territory of the Czech Republic or of a symbol, emblem, coat of arms or similar element relating to the territory of the Czech Republic, if:
(a) the product produced from grapes harvested in the Czech Republic; and
(b) its production takes place in the territory of the Czech Republic in a place with a close geographical or historical relationship to a depicted or commemorated site, object or element or its manufacturer has a close geographical or historical relationship to a depicted site, object or element.
(12) The names of traditional terms can be replaced by abbreviations. The use of abbreviations concerns only packaging not intended for consumers. The list of abbreviations of traditional terms is set out in Annex 2.
Country wine
[Paragraph 17 (1) (a) and (c) of the Act]
(1) The quality requirements for the country's wine result from a geographical indication:
(a) Czech regional wine; or
(b) Moravian Earth wine.
(2) Earth wine may be produced from varieties from which it is permitted to produce quality wine of the specified areas referred to in Article 1 (1) and from the varieties listed in Annex No 11.
Scope of the characteristics of the wine referred to in the application for authorisation to grant the wine designation an original certification
(Paragraph 23 (14) of the Law)
The characteristics of the wine referred to in the application referred to in Article 23 (5) (d) of the Act shall include sensory requirements for the quality of the wine and chemical and physical requirements for the quality of the wine, at least to the extent necessary for the evaluation of the quality of the wine in the specified area referred to in Article 2, so that these characteristics of the wine define the difference between the wine and the original certification.
Method of collection, size of wine samples and tolerances from laboratory analysis
(Paragraph 26 (12) of the Law)
(1) Sampling of wine under Article 26 (4) of the Act shall be carried out by:
(a) partial sample And for laboratory analysis - one bottle of a minimum of 1 litre, for wine already bottled enough bottles to have a total volume of at least 1 litre,
(b) subsample B for the sensory evaluation of wine - one bottle of a minimum volume of 0,5 litres, for wine already bottled enough bottles to have a total volume of at least 0,5 litres;
(c) sub-sample C for storage as a reference sample at the Inspection for any examination of the results of the analyses from the laboratory, or for verification of the identity of the classified batch of wine, or as a back-up sample for sensory evaluation of the wine in case the B sub-sample is not compliant with the cork - one bottle of a minimum volume of 1 litre, in the case of wine already bottled so that its total volume is at least 1 litre.
(2) The sub-samples submitted for wine A, B and C must be taken in such a way that they are representative of the whole lot of wine to be classified.
(3) The values of the actual alcoholic strength, the total alcoholic strength and the sugar-free extract content of the wine put into circulation must correspond to those found when the wine is classified from grapes produced in the Czech Republic. The following derogations are permitted, which include expanded uncertainty of determination for the analysis methods used for:
(a) an actual alcoholic strength by volume of + / - 0,9% vol., for wine stored in bottles for more than 3 years, a tolerance of + / - 1,2% vol.,
(b) the total alcoholic strength by volume + / - 0,9% vol., for wine stored in bottles for more than 3 years, a tolerance of + / - 1,2% vol.,
(c) the sugar-free extract content + / - 2,5 g per litre.
Formats and duration of the accompanying document for the transport of the wine product, which takes place exclusively in the Czech Republic
(Paragraph 27 (14) of the Law)
(1) A person who has his registered office or residence in the customs territory of the European Union and transports or has a wine product transported only within the territory of the Czech Republic (hereinafter referred to as "the transporter") may use, instead of accompanying documents referred to in Article 10 (1) of Commission Regulation (EU) 2018 / 2734, an accompanying document containing the following particulars:
(a) the business name or name, address of the registered office or place of residence and the identification number of the person having his registered office or residence in the customs territory of the European Union and sending or having the wine product dispatched (the consignor);
(b) the address of dispatch, if different from the address referred to in (a);
(c) the business name or name, address of the registered office or place of residence and the identification number of the person who has his registered office or residence in the customs territory of the European Union and who is dispatched with a wine product (hereinafter referred to as the consignee) in respect of a person different from the consignor;
(d) the address of the destination of the delivery of the wine product in respect of an address different from that referred to in (c) or, where appropriate, from that referred to in (a);
(e) the business name or name, address of the registered office or place of residence and the identification number of the person carrying the wine product as regards the person different from the consignor or consignee;
(f) the date on which the transport of the wine product begins,
(g) the date of completion of the transport of the wine product, if different from the date referred to in (f);
(h) the number of the accompanying document which clearly distinguishes the individual transport of the wine products of the competent consignor;
(i) an indication of the type of wine product referred to in Part XII of Annex I or Part II of Annex VII to Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council;
(j) identification of the wine-sector product consisting of the designation:
1. wine grape varieties or the indication of a traditional term, if the wine is in the packaging intended for consumers, marked with the particulars referred to in Articles 118 and 119 of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council and accompanied by a one-off closure, provided that such wine is marked with one of those indications; or
2. provenance, if it is a wine product other than that referred to in point 1;
(k) indication of the lot (5),
(l) the unique identification data of the bottler or manufacturer, if different from the data of the consignor referred to in (a);
(m) the quantity of wine product transported in accordance with Section A of Annex V to Commission Regulation (EU) 2018 / 273 in:
1. volume units as regards the unpackaged wine product,
2. the number of packages and their volume in respect of the wine product packed; or
3. units by weight for fresh grapes other than table grapes; and
(n) a certificate of a protected designation of origin, a protected geographical indication or a certificate of wine with the indication of the year of harvest or a wine grape variety in accordance with the directly applicable European Union6), not for wine produced in the territory of the Czech Republic, which did not exceed the limits of that territory at the entire stage of distribution.
(2) The particulars referred to in points (l) and (n) of paragraph 1 are not required in the case of the transport of a wine product in a packaging intended for the consumer, marked with the particulars referred to in Article 118 and 119 of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council and bearing a one-off closure.
(3) In the case of a wine product originating in third countries placed under the customs procedure for free circulation, the accompanying document shall include, in addition to the particulars referred to in paragraph 1, the number of document VI 1 drawn up in accordance with the directly applicable European Union7) or the reference number of an equivalent document approved by the competent authorities of the country of origin under the conditions laid down in the directly applicable European Union8), which was annexed to the shipment.
(4) The accompanying document shall be in paper form and shall contain the name, surname and signature of the person issuing it, if the consignor is a natural person or, where appropriate, the name, surname and signature of the person or persons acting as a consignor, if the latter is a legal person.
(5) A tax document, delivery note or other document shall be considered as an accompanying document if they comply with the requirements laid down in paragraphs 1 to 4.
(6) The accompanying document issued under this Order may be used only for one transport of the wine product, not later than the end of the third day following the start of the transport.
(7) The names of traditional terms may be replaced by abbreviations in the accompanying document. The list of abbreviations of traditional terms is set out in Annex 2.
Register of vineyards
(Paragraph 28 (8) of the Law)
(1) The register is maintained by the Central Audit and Examination Institute of the Agricultural Institute (hereinafter referred to as the Institute).
(2) Data entered into the Register under Sections 11, 28 and 29 of the Act shall be transmitted to the Institute via the Ministry's website or in writing to the Institute, according to the models published by the Ministry on its website.
(3) The data registered under Sections 14a and 16b (3) of the Act are to be transmitted to the Institute through the Ministry's website according to the models published by the Ministry on its website.
Registration books
[Articles 6 (4), 11 (3) (c) and 30 (6) of the Act]
(1) The records shall consist of records kept on the models referred to in paragraphs 2 to 11. This register may be divided into several registers. The records shall be kept to the extent and within the time limits laid down directly by the European Union13 and shall take one of the forms referred to in Article 13 (2) of Commission Regulation (EU) 2018 / 274. If the records are kept in fixed custody, the records shall be made irreversibly and indelibly. If an alert is corrected, only in such a way that the original alert is visible and the signature of the person who made the correction is given. Where records are kept in electronic form, the programme used shall ensure that each alert is made irreversibly indicating the name of the person who made the alert. If an alert is corrected, only in such a way that the original alert is visible and the name of the person who made the alert is given.
(2) Each register must bear identification details to the extent:
(a) for natural persons, the name, surname, permanent residence and place of business, if different from permanent residence, person identification number or birth number;
(b) in the case of legal persons, the name, registered office, identification number of the person.
(3) Registration of weight and sugar content
(a) the grapes harvested and the records of vineyards and the hectares obtained shall be kept by the grower on the model set out in Annex 12;
(b) the purchased grapes or grape must shall be kept by the person referred to in Article 30 (1) of the Act on the model set out in Annex 13. The purchase of grapes shall be carried out by the person referred to in Article 30 (1) of the Law on the ransom note, a specimen of which is set out in Annex 14; the purchase note may be replaced by another document, in particular by a serious note or delivery note, provided that the document has all the particulars and particulars contained in the ransom note; the purchase note or document replacing it by the person referred to in Article 30 (1) of the Act, while keeping a copy of it by the grape grower,
(c) the grape or grape must sold shall be kept by the grower on the model set out in Annex 15;
(d) the processed grapes or grape must and the quantity of wine produced, broken down by quality class, shall be kept by the manufacturer on the model set out in Annex 16.
(4) The manufacturer shall keep records of the weight of sucrose purchased and processed on the model set out in Annex 17.
(5) The registration of the quantities of concentrated grape must, rectified concentrated grape must, acidification substances, substances used for de-acidification and alcohol derived from wine shall be based on the model set out in Annex 18.
(6) The manufacturer shall keep a record of the production and use of alcoholic beverages produced from marc leaching on the model set out in Annex 19.
(7) The manufacturer shall keep a record of the production and use of alcoholic beverages made from diluted wine lees on the model set out in Annex 20.
(8) The record of wine stocks and grape must in fermentation shall be kept by the person referred to in Article 30 (1) of the Act on the model set out in Annex 21, for each calendar month.
(9) The production control provided for in Article 11 (2) (e) of the Act must be carried out in such a way as to prevent the product from being put into circulation. The person referred to in Article 30 (1) of the Act shall keep a record of the stocks of the product, the methods of treatment and the addition of substances other than wine to the product, except sparkling wines, on the model set out in Annex No 22. The stock records of the product, the methods of treatment and the addition of substances other than wine to the product shall be kept by vessel. The marking of the container shall be made in such a way that it is indelible and unique in the establishment concerned.
(10) A producer whose manufacture of the products for a wine year does not exceed 500 hl of wine shall not be obliged to keep records in accordance with the third sentence of paragraph 9. The manufacturer shall keep a record of the stocks of the product, the methods of treatment and the addition of substances other than wine to the product on the model set out in Annex 22 or, in aggregate, on one form in accordance with the model set out in Annex 23 or 24.
(11) The register shall be kept by the person referred to in Article 30 (1) of the Act in accordance with the model set out in Annex 25. Records of wine storage shall be made no later than the first working day following that on which the wine was stored. Records of wine stocks at the beginning of the month shall be made no later than the third working day of that month. Records of wine stocks at the end of a given month shall be made no later than the third working day of the following month.
(12) The producer of sparkling wines shall keep a register on the model set out in Annex 26.
(13) Where the records are kept in electronic form, the signature of Annexes 12, 15, 16 and 19 to 22 or 23 or 24 shall be replaced by the name of the person responsible for keeping the records.
(14) The names of traditional terms may be replaced by abbreviations in the records. The list of abbreviations of traditional terms is set out in Annex 2.
Flat-rate amounts for wine certification and verification of compliance with specifications
(Articles 17a (2), 26a and 37 (10) of the Law)
The amount of the flat-rate amount of the costs of certification of 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 shall be CZK 500 per inspector per hour of activity. The corresponding amount of the flat-rate amount of the costs shall be determined for each start-up hour of the activity of one inspector in verifying compliance with the specifications of the protected designation of origin or protected geographical indication.
Use of the logo on consumer packaging
(Paragraph 16 (4) of the Law)
(1) The logotype shall be indicated on the consumer packaging provided for in Article 16 (4) of the Act in colour on a white background in accordance with Annex 27.
(2) In the case of packaging intended for consumers of a bottle type, the top of the cap or label shall be indicated in the main visual poll (9). The logo height is 12- 16 mm.
(3) In the case of packaging intended for consumers, with the exception of bottles, it shall be indicated together with the mandatory indication of provenienci10). The logo height is 12- 80 mm.
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Regulation Information
| Citation | Decree No. 88 / 2017 Coll., on the implementation of certain provisions of the Law on wine-growing and wine-growing |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.03.2017 |
|---|---|
| Effective from | 01.04.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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