128. Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management for the control of wines without or with protected designations of origin or geographical indications (Wine Act-Control Regulation)

Pursuant to Section 8 (3), Section 9 (5) and Section 10 (2) and (9) of the Wine Act 2009, Federal Law Gazette (BGBl). I n ° 111, shall be assigned:

Austrian quality wine

§ 1. (1) The annual control of quality wine carried out by the control authorities responsible pursuant to Section 10 (10) of the Wine Act 2009 has, in the spirit of Art. 25 (1) (lit). (a) Regulation (EC) No 607/2009 laying down detailed rules for the application of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms and labelling and presentation of certain wine products, OJ L 327, No. OJ L 193, 24.07.2009, p.60, in an organoleptic and analytical examination, and in the meaning of Article 25 (1) (lit). (c) this Regulation should be carried out in the control of compliance with the terms of the product specification.

(2) This control shall be subject to the second subparagraph of Article 25 (1) of Article 25 (1). (b) of Regulation (EC) No 607/2009, on the basis of samples drawn from the quality wines of all economic operators, or in the meaning of Article 25 (1), second subparagraph, lit. (c) Regulation (EC) No 607/2009 should be carried out in a systematic way within the framework of the award of the public audit number for quality wines.

(3) The Bundeskellereiinspektion (Bundeskellereiinspektion) has a control plan in accordance with Art. 25 (3) lit. (b) to draw up Regulation (EC) No 607/2009 on the control of compliance with the product specifications of quality wines and to bring them to the attention of the Austrian Chamber of Agriculture and the Austrian Chamber of Commerce each year.

(4) The analytical examination within the framework of the systematic control of quality wines (award of the state test number) has in the meaning of Art. 26 lit. a point ii of Regulation (EC) No 607/2009, to include the following parameters:

a)		in the case of white quality wines:
-		relative density,
-		existing alcoholic strength by volume,
-		Total dry extract,
-		reduced sugar,
-		sugar-free extract,
-		titratable acid,
-		free sulphurous acid,
-		whole sulphurous acid,
-		The original mostweight shall be recovered;
b)		in the case of red quality and predicate wines, in addition:
-		artificial foreign dye,
-		Malvidindiglucoside;
c)		in addition to all of the rating wines:
-		total phosphorus,
-		Optical rotation capability;
d)		in the case of Beerenauslese, outbreak, dry berry selection, ice wine and straw wine in addition:
-		volatile acid;
e)		at Mittelburgenland DAC in addition:
-		Malic acid.

Austrian Landwein

§ 2. (1) The annual control of land wines carried out by the control authorities responsible pursuant to Section 9 (6) of the Wine Act 2009 has in the meaning of Art. 25 (1) lit. (b) Regulation (EC) No 607/2009, either only in an analytical or an organoleptic and analytical study, and in the meaning of Article 25 (1) (lit). (c) this Regulation should be carried out in the control of compliance with the terms of the product specification.

(2) This control shall be subject to the second subparagraph of Article 25 (1) of Article 25 (1). (b) Regulation (EC) No 607/2009 to be carried out on the basis of samples drawn from landwines of all economic operators.

(3) The Bundeskellereiinspektion (Bundeskellereiinspektion) has a control plan in accordance with Art. 25 (3) lit. (b) to draw up Regulation (EC) No 607/2009 on the control of compliance with the product specifications of landwines and to bring them to the attention of the Austrian Chamber of Agriculture and the Austrian Chamber of Commerce each year.

Austrian wine without a protected designation of origin or a geographical indication of vine variety or vintage name

§ 3. (1) The certification of wine without a protected designation of origin or a geographical indication of vine variety or vintage name shall be made in the meaning of Article 63 (2) (lit). a of Regulation (EC) No 607/2009 by the competent authorities pursuant to Section 8 (4) of the Wine Act 2009.

(2) In the case of these wines, organoleptic and analytical studies may be carried out in accordance with the second subparagraph of Article 63 (3) of Regulation (EC) No 607/2009. Certification shall be carried out in accordance with the fourth subparagraph. b of this Regulation on the basis of samples.

(3) The recognition of wine producers without a protected designation of origin or a geographical indication of vine variety or vintage name shall be made in accordance with Article 63 (4) of Regulation (EC) No 607/2009 by awarding the operating number. in particular after presentation of the harvest, which indicates the production of these wines.

(4) In the meaning of Article 63 (5) of Regulation (EC) No 607/2009, the Bundeskellereiinspektion (Bundeskellereiinspektion) has, by means of internal administrative provisions for the control of wine without a protected designation of origin or a geographical indication with vine varieties, or Year of year designation the application of Title V of Regulation (EC) No 555/2008 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, action Third countries, production potential and controls in the wine sector, OJ C 139, 30.4.2004, p. No. 1., as well as the application of Regulation (EC) No 606/2009 laying down detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards the categories of wine products, oenological practices and the related products Restrictions, OJ C No. OJ L 193, 24.07.2009, p.1.

Analysis

§ 4. (1) The analysis of Austrian wine, wine, quality wine and wine, as well as all foreign wines, may, in the context of the assessment of the ability to transport, include in particular the following parameters:

-		Mostweight,
-		relative density,
-		existing alcohol,
-		Total alcohol,
-		Dry extract,
-		residual sugar,
-		optical rotation capability,
-		sugar-free extract,
-		titratable acid,
-		free sulphurous acid,
-		whole sulphurous acid,
-		volatile acid,
-		Tartaric acid,
-		Citric acid,
-		Malic acid,
-		lactic acid,
-		glycerol,
-		glycerine ratio,
-		Copper,
-		sorbic acid;

(2) in addition to red wines:

-		foreign dye,
-		Malvidindiglucoside;

(3) In the case of fruit wines and aromatised wine-containing drinks, in addition:

-		sucrose;

(4) in the case of sparkling wines and pearl wines additionally:

-		sucrose,
-		Carbonic acid overpressure;

(5) By storm:

-		Mostweight,
-		relative density,
-		existing alcohol,
-		Total alcohol,
-		Dry extract,
-		residual sugar (glucose and fructose),
-		sucrose,
-		titratable acid,
-		whole sulphurous acid.

(6) In addition, a sintering test may be carried out for all products.

National pre-procedure for the protection of designations of origin or geographical indications

§ 5. (1) In the meaning of Article 118 e (1) of Regulation (EC) No 491/2009 amending Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Regulation on the Single CMO), OJ C 327 No. 1., the National Wine Committee may request the protection of a designation of origin, in particular for quality wine, or the protection of a geographical indication, in particular for agricultural wine.

(2) The protection application must be submitted to the Federal Minister for Agriculture, Forestry, Environment and Water Management in accordance with Article 118 f (2) of Regulation (EC) No 491/2009. The Commission has to examine whether the application for protection complies with the conditions laid down in Article 118 (b) to Article 118 (t) of Regulation (EC) No 491/2009.

(3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to publish the application for protection in a relevant specialist publication, which is accessible to all economic circles.

(4) Within a period of 2 months from the date of publication of the relevant publication referred to in paragraph 3, all natural or legal persons resident in the territory of the Federal Republic of Germany may, with a legitimate interest, be able to use a sufficient number of Statement made by the Federal Minister for Agriculture, Forestry, Environment and Water Management against the application.

(5) If the Federal Minister for Agriculture, Forestry, Environment and Water Management considers that the protection application complies with the relevant requirements, the only document in accordance with Annex II to Regulation 607/2009 and the Product specification published on the website of the Federal Ministry of Agriculture, Forestry, Environment and Water Management.

Berlakovich