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Order Of 18 August 2014 Regarding The Modalities Of Declaration And Control Of The Recycling Of Residues From Vinification

Original Language Title: Arrêté du 18 août 2014 relatif aux modalités de déclaration et de contrôle de la valorisation des résidus de la vinification

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JORF n°0191 of 20 August 2014 page 13843
text No. 32



Decree of 18 August 2014 on the terms and conditions of declaration and control of the valorization of residues of vinification

NOR: AGRT1408514A ELI: https://www.legifrance.gouv.fr/eli/arrete/2014/8/18/AGRT1408514A/jo/texte


The Minister of Finance and Public Accounts, the Minister of Agriculture, Agri-Food and Forestry, spokesperson for the Government, and the Secretary of State for Budget,
Having regard to Commission Regulation (EC) No. 555/2008 of 27 June 2008 establishing the terms and conditions for the application of Regulation (EC) No. 1234/2007 of the Council carrying out the joint organization of the wine market with respect to aid programmes, exchanges with third countries, production potential and controls in the wine sector;
Having regard to Commission Regulation (EC) No. 436/2009 of 26 May 2009 on the terms and conditions for the application of Council Regulation (EC) No. 479/2008 with respect to wine recorders, mandatory declarations and information for market monitoring, documents accompanying the transport of products and records to be held in the wine sector;
Having regard to Regulation (EU) No. 1308/2013 of the European Parliament and of the Council of 17 December 2013 concerning the joint organization of agricultural markets and repealing Regulation (EEC) No. 922/72, (EEC) No. 234/79, (EC) No. 137/2001 and (EC) No. 1234/2007 of the Council;
Considering the rural code and the maritime fisheries, including articles D. 665-31 to D. 665-36;
Given the general tax code,
Stop:

  • Chapter I: Reporting, Recording and Recording Procedures Article 1 Learn more about this article...


    Definitions.
    The residues of vinification include grape marcs and wine lees.
    The "operators" within the meaning of this decree are distillers, methane centers and composting centers that value residues on behalf of the producer.
    For the purpose of this Order, the lot:


    - is the volume of lees or the weight of marcs received by the operator, accompanied by a movement title in case of delivery of grape marcs or wine lees to an operator;
    - corresponds to the weight of grape marcs recognized by a weighing matching the weighing ticket in case of enhancement by the producer.

    Article 2 Learn more about this article...


    Statements and records.
    1. The declaration provided for in I of Article D. 665-34 of the Rural and Maritime Fisheries Code is made by the registration on the register provided for in 2 of this section.
    When the grape marcs are not delivered to an operator within the meaning of Article 1st, this registration is supplemented by a statement transmitted to the departmental service in charge of the water police of the department of the headquarters of the exploitation.
    Acceptance of these residues as inputs in the various enhancement modes is done in accordance with the types of eligible inputs under environmental regulations.
    2. Producers subject to the obligation set out in I of Article D. 665-34 of the rural code and the marine fisheries register the quantities of grape marcs and/or wine lees, their date of release, the chosen route(s) of valorization as well as the total voluminal title of lots of grapes and lots of grapes. The valorization of grape marcs on the exploitation of the producer is considered an output under wine registers.
    Pursuant to Article 22 of the above-mentioned Regulation (EC) No. 555/2008, the withdrawal of the subject lies is considered effective once they have been denaturation so as to render them unfit for any use for vinification and that the delivery to third parties of the lees thus denaturation is registered in the registers of entry and exits.
    When the grape marcs are delivered to a third party operator, the amount recorded in the register is estimated, until the result of the weighing of the grape marcs transmitted by the third party operator pursuant to Article 9.
    With respect to the total volumic alcoometric title, the time limits for writing on the register apply from the communication to the producer of the result of the analysis referred to in section 5.
    3. In the case of the delivery of residues to an operator responsible for their valorization, the operator maintains a record of the entries and exits of the residues of the vinification that it holds.
    This registry may be held in a handwritten or computerized form.
    (a) When the register is kept in a handwritten manner, it is composed of fixed slips numbered in a continuous series and the identity of the operator appears on the registry page.
    The mentions on this register cannot be written with an easy-to-remove way. The various transactions must be recorded in the register without white or rature. In case of error, a writing can only be cancelled by a counter-writing.
    (b) When the register is kept computerized, it is held according to one or more uninterrupted chronological sequences.
    The computer system must be provided with a recorder for information entry in the registry.
    This counter affects each information entry in the registry a number following an uninterrupted growing series and the date on which this entry is made. This number and date must be reproduced in the registry.
    This counter must be inaccessible to the user. The user reset is protected.
    After user validation of the entry of information on the issuing machine, their cancellation or modification must become impossible.
    All relevant measures are taken to ensure the conservation and return of information.
    (c) The register may be constituted by elements of the operator's commercial accounting, or any other record held by the operator, as long as the operator has all the indications provided for in the e.
    (d) Writing time.
    The entries are mentioned at the latest on the working day following the reception of the marcs of grapes or the lees of wine.
    Releases must be registered by the end of the month.
    (e) On the register, for each entry and exit:


    - the nature of the residue concerned: grape marc or wine binding;
    - the date of the operation;
    - the actual amount of input or output, accompanied by the indication of the volume unit. The beginning of treatment of grape marcs and wine lees that denature them so as to make them unfit for the return to the vinification circuit is considered an exit;
    - a reference to the document accompanying or accompanying the transport in question.

    Article 3 Learn more about this article...


    Operator registration.
    Pursuant to the article D. 665-35 of the rural code and the marine fisheries, the operators involved in the valorization of residues or wines supplied in addition register with FranceAgriMer, on the basis of a dossier including:


    - the identification elements of the company;
    - its commitments relating to compliance with record keeping obligations.


    Any modification (installation, change of legal form of the undertaking, assignment or termination of activity) must be made available to FranceAgriMer.
    The certification of distillers under section 23 of Regulation (EC) No. 555/2008 referred to above shall be registered under this Regulation.
    The list of operators registered under this article is available on the website of FranceAgriMer.
    In the event that residues are delivered to one or more operators within the meaning of Article 1, the producer ensures that they are registered with FranceAgriMer.

  • Chapter II: Analysis of the alcoometric title of grape marcs and wine lees Article 4 Learn more about this article...


    Pursuant to Article D. 665-34 of the Rural and Maritime Fisheries Code, the producer analyzes the total voluminal alcoometric title:


    - of each lot of wine lees;
    - a representative sample of each set of lots of homogeneous grape marcs (color, period, maturity...). However, when the marcs of grapes are delivered to a distiller, this analysis can only be performed for a sample of the batches delivered, which accounts for at least 5% of the batches of marcs delivered to each distillery, if the distiller transmits the amount of alcohol obtained to his/her supply. The distiller can also transmit the amount of alcohol obtained for lees delivered to the distillation. A decision by the Director General of FranceAgriMer will specify the terms and conditions for the distribution of alcohol in the event of collection or delivery of lots of several producers.


    However, producers are exempted from this obligation in the event of delivery to:


    - distillers certified pursuant to Article 23 of the above-mentioned Regulation (EC) No. 555/2008 whose facilities are not equipped to produce alcohols directly in a minimum alcoometric capacity of 92% vol. ;
    - distillers certified pursuant to Article 23 of the aforementioned Regulation (EC) No. 555/2008 who carry out their activities by moving their alambics on public (ambulant) workshops;
    - distillers certified pursuant to Article 23 of the aforementioned Regulation (EC) No 555/2008 whose production of alcohol from the distillation of marcs and lees is less than 100 hectolitres of pure alcohol per campaign; and
    - the producers who themselves have distillation facilities in which they distill only their own residues.


    These operators transmit to the producer the amount of alcohol obtained by distillation, by 31 July following the year of harvest.
    This analysis is carried out by:


    - at the time of receipt of residues, when delivered to an operator responsible for their valuation;
    - at the time of their valuation, when they are valued on exploitation.

    Article 5 Learn more about this article...


    The collection and analysis of the total volumic alcoometric title of wine lees and grape marcs are carried out by a laboratory accredited according to the program 78 of the French Accreditation Committee (COFRAC) or by a laboratory with a certification of its quality management system, previously registered with FranceAgriMer. The list of laboratories accredited according to program 78 is available on the COFRAC website. The list of laboratories registered with FranceAgriMer is available on the website of the establishment.
    The internal laboratories of the operators dealing with the residues of vinification may perform this analysis, subject to being accredited according to the above-mentioned program or to have a certification of their quality management system and to be registered with FranceAgriMer, or that the operator is certified pursuant to Article 23 of the above-mentioned Regulation (EC) No. 555/2008.
    The results of the analyses are communicated to the sponsor no later than July 31 of the year following that of the harvest.

    Article 6 Learn more about this article...


    When the producer delivers all or part of its residues to a third party operator for the purpose of their development, both parties may agree that the analysis of the total volumic alcoometric title of the lots concerned is carried out by that third party operator responsible for the valuation in accordance with the provisions of Article 5. The producer is required to ensure that the third party to which he or she has delegated this measure of the total voluminal alcoometric title is contractually in compliance with the provisions relating to the collection, analysis and return of the result of the analysis under this chapter. In this case, the third party operator responsible for the valuation transmits the result of the analysis to the producer within a maximum period of forty-eight hours after the results of this analysis and no later than 31 July following the year of the harvest.
    When the lot analyzed by the operator gathers the deliveries of several producers, the operator transmits the result of the lot analysis to all the producers involved in the lot.

    Article 7 Learn more about this article...


    The results of the analyses of the total volumic alcoometric title of grape marcs and wine lees are retained until the end of the fourth year following that of the harvest by the producer, except in the case where the operator treating the residues made the analysis under the previous article. In this case, the operator retains the result of the analysis on the same duration.

    Article 8 Learn more about this article...


    The analysis of the total volumic alcoometric title of grape marcs and lees is carried out in accordance with the schedule to this Order. This method includes, inter alia, the description of the sample sampling method, including for possible counter-analysis, the storage of these samples until their analysis and the measurement of their total volumic alcoometric title.

  • Chapter III: Total quantity of alcohol contained in residues Article 9 Learn more about this article...


    Pesée des marcs.
    The operators who receive the marcs of grapes weigh them or weigh them when taking care of them.
    They keep the weighing tickets dated to the end of the fourth year following the harvest and use them to defer the weight of the grape marcs on the records mentioned in section 2.
    They transmit to the producer the result of the weighing of the grape marcs no later than July 31 of the year following that of the harvest.
    When the grape marcs are valued by the producer, the producer weighs or weighs them before their valorization. It retains the weighing tickets dated to the end of the fourth year following the harvest and uses them to defer the weight of the grape marcs on the register referred to in Article 2 of this Order within a maximum of 48 hours from the weighing.
    The weighing shall be carried out by an instrument meeting the regulatory obligations established by the Ministry's metrology office in charge of productive recovery or, if not, by a calibrated device in accordance with the regulations in force.

    Article 10 Learn more about this article...


    The amount of alcohol contained in the residues is calculated as follows:
    (a) For grape marcs, by the product of the weight of each lot measured in accordance with the terms set out in Article 9 and the total volumic alcoometric title of the lot, measured in accordance with the terms set out in Chapter II, or on the basis of the quantity of alcohol transmitted by the distiller pursuant to the third paragraph of Article 4. When the producer has valued several batches of grape marcs, the total amount of alcohol is the sum of the amount of alcohol contained in each lot;
    (b) For wine lees, by the product of the volume of each lot and the total voluminal alcoometric title measured in accordance with the terms set out in Chapter II, or on the basis of the quantity of alcohol transmitted by the distiller pursuant to the third paragraph of Article 4. When the producer has valued several lots of wine lees, the total amount of alcohol is the sum of the amount of alcohol contained in each lot.

    Article 11 Learn more about this article...


    The amended Order dated 17 August 2011 relating to the distillation of the by-products of the vinification provided for in Article 103 tervicies of Council Regulation (EC) No 1234/2007 of 22 October 2007 as amended is repealed.

    Article 12 Learn more about this article...


    The Director General of Agricultural, Agri-Food and Territories Policies and the Director General of Customs and Indirect Rights are responsible, each with respect to it, for the execution of this Order, to be published in the Official Journal of the French Republic.

  • Annex


    A N N E X E S


    Annex I
    DETERMINATION OF LIES


    1. Subject


    This annex sets out the modalities for determining ethanol content in wine lees.


    2. Area of application


    The method applies to the lees of red, rosé and white wine.


    3. Reference documents


    Adaptation of the method OIV-MA-AS 312-01A.


    4. Provisions applicable
    4.1. Principle of method


    The lees are weighed, alkaliated and then distilled by direct method or steam training. The ethanol content of the distillate is measured by electronic densimetry.


    4.2. Apparatus


    Balances.
    Laboratory equipment.
    Direct distillation device:


    - 1000 ml ball, 200 ml jauged pot;
    - gas source or electric balloon heater;
    - rectifier column, vertical refrigerant with erased tube.


    Steam training device.
    Electronic Densimeter.


    4.3. Reagents


    Suspension of calcium hydroxide 2M, of analytical quality obtained by carefully pouring 1 l of hot water (60 °C to 70 °C) over 120 g of lime (CaO).
    Animous solution.
    Demineralized water.


    4.4. Procedure


    Sample preparation:
    Homogenize the sample by successive flacon turns to achieve a single phase. Remove 200 ml of lees in a jauged pot of 200 ml before spreading (P1). Peser full pot (P2) (in grams).
    Obtaining the distillate:
    Pour the contents of the pan into the distilling ball of 1000 ml or in the steam-training device's boat.
    Rinse the vial several times with demineralized water.
    Add 5 ml to 10 ml of lime hydroxide 2M and about 5 ml of antimousse, possibly a boiling regulator (e.g. porcelain stones).
    Bring gently to a boil.
    Recover the distillate in the 200 ml pot in which the sample was taken.
    The TAV measurement is done using an electronic densimeter.


    4.5. Expression of results


    Alcohol content, expressed in litres of pure alcohol/100 kg of lees:
    TAV × 200
    P1 - P2
    The results are expressed with a figure after the comma.

  • Annex


    Annex I
    DETERMINATION OF THE TOTAL VOLUMIC ALCOOMETRICAL TIME OF MARKS
    A. - STHANOL IN MARKINGS
    1. Subject


    This section defines the modalities for determining ethanol content in grape marcs and, where applicable, sugar content (glucose and fructose).


    2. Area of application


    The method applies to red, rosy and white grape marcs.


    3. Reference documents


    Adaptation of the method OIV-MA-AS 312-01A.


    4. Provisions applicable
    4.1. Principle of method


    The marcs are weighed and distilled by direct method. The ethanol content of the distillate is measured by electronic densimetry.


    4.2. Apparatus


    Balances.
    Laboratory current equipment, including 1 l ball and 200 ml jauged pot.
    Direct distillation device: gas source or electric balloon, rectifier column, vertical refrigerant with erased tube.
    Electronic Densimeter.


    4.3. Reagents


    Suspension of calcium hydroxide 2M, of analytical quality obtained by carefully pouring 1 l of hot water (60 °C to 70 °C) over 120 g of lime (CaO).
    Animous solution.
    Demineralized water.


    4.4. Procedure


    Sample preparation:
    Peser exactly between 100 g and 300 g of marc in a balloon of 1000 ml = P (in grams).
    Add demineralized water to cover the marc.
    Act slightly to distribute water throughout the test socket.
    Eventually, in the case of very dry marcs, close the ball hermetically and let rest until the next day at room temperature.
    Obtaining the distillate:
    Add the antimousse, about 5 ml of Ca 2M hydroxide and possibly a boiling regulator.
    Bring to a boil.
    Recover about 195 ml of distillate in a 200 ml pot.
    Let the distillate return to room temperature and adjust to the gauge line with demineralized water.
    TAV measurement:
    Measure the TAV of the distillate using an electronic densimeter.


    4.5. Expression of results


    Alcohol content, expressed in litres of pure alcohol/100 kg of marc:
    TAV × 200
    P
    The results are expressed with a figure after the comma.


    B. - SPECTORS
    1. Subject


    This procedure describes the method used to determine the reduction sugar content of grape marcs. It also gives the calculation formulas to evaluate alcohol in power from the sugar content as well as total alcohol from acquired alcohol and alcohol in power.


    2. Area of application


    The method applies to red and white grape marcs.


    3. Reference documents


    Reference method: compendium OIV MA-F-AS311-01-SUCRED.


    4. Provisions applicable
    4.1. Principle


    Extraction of sugars in hot aqueous solution and dosage of reducing sugars by the method of Lüff.


    4.2. Apparatus


    Laboratory equipment, including 200 ml cups, 400 ml beakers, 500 ml erlens.
    Analytical balance for weighing at 0.01 g or 0.1 g.
    Refrigerant with reflux.


    4.3. Procedure
    4.3.1. Sample preparation


    Remove 50 g (± 0.1 g) of grape marc in a 400 ml beaker.
    Add about 100 ml of osmosis water, deionized.
    Bring to a boil on beak Bunsen by waving the mixture using a glass wand.
    Remove from heat as soon as boiling is reached.
    Let cool slightly, then transfer as much liquid into a 250 ml vial, avoiding moving solids.
    Wash the marc of grapes several times with osmosis water (100 ml in total approx.) and transfer to each time in the pot of 250 ml.
    Cool the solution at room temperature.
    Adjust the gauge line with the osmosis water.
    Hermetically close the vial and mix the solution with successive turns.


    4.3.2. Reducing sugars
    4.3.2.1. Reagents


    Pure copper sulphate.
    Citric acid monohydrate.
    Sodium carbonate.
    Potassium odour.
    Pure sulphuric acid.
    Poss of starch at 5 g/l or thiodenum at 10% or any other iodine indicator.
    Sodium Thiosulfate N/10.


    4.3.2.2. Preparation of solutions, witness and samples


    Cupro-alkaline solution:
    Dissolve copper sulphate separately in 100 ml of water (chaude), citric acid in 200 ml of water and sodium carbonate in 400 ml of water (placed in a balloon of about 2 l). Carefully pour the citric acid solution in carbonate. Add the copper sulfate; mix. Sprinkle in a 1 l jaunted pot, complete to 1 l with distilled water.
    Potassium iodine solution at 30%:
    Peser 30 g potassium iodine in a 100 ml pot and complete with distilled water. If this solution jaunits, discolor it by 1 or 2 drops of sodium thiosulfate or, better, a drop of KOH to 20% to stabilize KI; or a KOH watermelon in the bottle.
    Sulphuric acid solution at 33%:
    Pour 1,000 ml of acid into 2,000 ml of distilled water.
    Witness:
    In a erlenmeyer of 500 ml, insert:
    25 ml cupro-alkaline solution;
    25 ml of distilled water.
    Samples to be analysed:
    In a erlenmeyer of 500 ml, insert:
    25 ml cupro-alkaline solution;
    25 ml sample.
    Sample testing must contain less than 60 mg of reducing sugars. If the volume of test socket is less than 25 ml complete with distilled water to 25 ml.


    4.3.2.3. Reducing sugars


    The witness and samples will be treated identically.
    Adapt the erlen to a reflux refrigerant, bring to a boil (about two minutes); maintain the boil for exactly ten minutes. Remove the erlen, completely cool it in a water bath.
    Add in order 10 ml of potassium iodine to 30%, 11 ml of sulphuric acid to 33% (with precaution) and some ml or mg of iodine indicator.
    Title immediately by the 0.1 N solution of sodium thiosulfate.
    The calculation is as follows:
    N2 - N1 = X (in ml).
    with:
    N1 = volume of thiosulfate used for sample dosage; and
    N2 = volume of thiosulfate used for the control dosage.
    The following table shows the correspondence between X and the amount of reducing sugars (mg) in the test taking.


    CONTENTS
    solution volume 0.1 m of sodium tiosulfate (n - n) ml
    and the amount of reducing sugars in mg
    Na2S2O3
    (ml 0.1 M)
    Reducing sugars
    (mg)
    Diff.

    1

    2.4

    2.4

    2

    4.8

    2.4

    3

    7.2

    2.5

    4

    9.7

    2.5

    5

    12.2

    2.5

    6

    14,7

    2.6

    7

    17.2

    2.6

    8

    19.8

    2.6

    9

    22.4

    2.6

    10

    25.0

    2.6

    11

    27.6

    2.7

    12

    30.3

    2.7

    13

    33.0

    2.7

    14

    35.7

    2.8

    15

    38.5

    2.8

    16

    41.3

    2.9

    17

    44.2

    2.9

    18

    47.2

    2.9

    19

    50.0

    3.0

    20

    53.0

    3.0

    21

    56.0

    3.1

    22

    59.1

    3.1

    23

    62.2


    The content should be returned to the liter and the dilutions should be taken into account.
    The SR reduction sugar content is thus determined in g/l.


    4.4. Expression of results
    4.4.1. Chest reduction sugar content, expressed in g per kg of grape marc


    SR × dil
    with SR = reducing sugar content, expressed in g/l of the solution analyzed.


    Dilution pot volume in ml

    dil = dilution factor =

    Mass of marc in g


    4.4.2. Alcohol in power (AP), expressed in pure alcohol per 100 kg


    AP = (SR × dil)/16,83


    C. - IN ALCOOL TOTAL


    Total alcohol, expressed in pure alcohol per 100 kg
    The total alcohol corresponds to the sum of alcohol in power and acquired alcohol determined by the operating mode described in Part A of this Appendix.

  • Annex


    ANNEX I I I
    PREFERENCE METHODS OF MARKS


    The sample must be representative of the lot (load or stock).
    Thus, samples must be taken from several points of loading or stock.
    The sample taken must be clearly identified.


    Preparation of samples


    In order to ensure the representativeness of samples taken for marcs, the supplier or operator performing the sampling shall:
    (a) Take samples of marcs in different points of loading or stock. These are elementary samples. To the extent possible, it shall take three elementary samples at various points of loading or stock, both on the surface and in depth.
    (b) Homogenize these elementary samples (i.e. combined and mixed) to form a global sample.
    The total number of samples will be based on the lot size:
    1 global for a lot of 1 ton;
    2 total up to 10 tons;
    3 global up to 40 tons;
    4 global for more than 40 tons.
    In this case, the lot to be sampled in a number of parts corresponding to the number of global samples and the number of basic catches required to constitute a total of 4 kg.
    (c) Specify in this global sample the sample that will be transmitted for analysis and, where applicable, a second sample of the same weight.
    (d) Send this sample to the laboratory for analysis, in the first three days, or drop it directly to the laboratory.
    The producer may retain the second sample if he wishes to have the opportunity to perform a counter-analysis.
    In general, all precautions will be taken to ensure the integrity of samples taken.


Done on August 18, 2014.


Minister of Agriculture, Agri-Food and Forestry, Government Spokesperson,

Stéphane Le Foll


Minister of Finance and Public Accounts,

Michel Sapin


The Secretary of State in charge of the budget,

Christian Eckert


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