ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of June 11, 2015 No. 356

About approval of the Regulations on the organization of the grape and wine-making market

According to part provisions (1) article 17 of the Law No. 57-XVI of March 10, 2006 on grapes and wine (repeated publication: The official monitor of the Republic of Moldova, 2013, Art. No. 64-68, 193), with subsequent changes, and the Law No. 66-XVI of March 27, 2008 on protection of geographical instructions, names of places of origin and the guaranteed traditional products (The official monitor of the Republic of Moldova, 2008, Art. No. 134-137, 527) DECIDES: the Government

1. Approve Regulations on the organization of the grape and wine-making market, according to appendix No. 1.

2. Remaining balance of wines in which engineering procedures of production alcohol ethyl rectified other origin was used except grape and wine-making, shall be declared by economic manufacturing agents of wines in the Ministry of Agriculture, regional development and the environment in 30-day time from date of publication of this resolution in the Official monitor of the Republic of Moldova and further to be implemented to expenditure.

3. The regulations on the organization of the grape and wine-making market become effective in six-months time from date of publication in the Official monitor of the Republic of Moldova.

4. To impose control over the implementation of this resolution on the Ministry of Agriculture, regional development and the environment and the Ministry of Health, work and social protection.

5. Recognize invalid some orders of the Government according to appendix No. 2.

Prime Minister

Kirill Gaburich

Countersign: Deputy Prime Minister, Minister of Economic Affairs

Stefan Christoph Brid

Minister of Agriculture and food industry

Ion Sule

Minister of Health

Mircha of Bug

Appendix №1

to the Order of the Government of the Republic of Moldova of June 11, 2015 No. 356

Regulations on the organization of the grape and wine-making market

The regulations on the organization of the grape and wine-making market (further - the Provision) adopt Article 92-95, 119-120, part XII of appendix I, part IV of appendix II, part II of appendix VII and part I of appendix VIII to Regulations of the European Parliament and Council (EU) No. 1308/2013 of December 17, 2013 about creation of the general organization of the agricultural markets and cancellation of Regulations of Council (EEC) No. 922/72, (EEC) No. 234/79, (EU) to No. 1037/2001 and (EU) No. 1234/2007, published in the Official magazine of the European Union (JO) L 347 of December 20, 2013 partially adopt Regulations of the Commission (EU) No. 606/2009 of of July 10, 2009 about establishment of certain regulations on application of Regulations of Council (EU) No. 479/2008, concerning categories of wine-making products, processing methods and restrictions which are used to them, the European Union (JO) L 193 published in the Official magazine of July 24, 2009 Regulations of the Commission (EU) No. 607/2009 of July 14, 2009 about establishment of certain regulations on application of Regulations of Council (EU) No. 479/2008 concerning the protected geographical instructions and the protected names of the place of origin, traditional designations, the labeling and representation of certain grape and wine-making products published in the Official magazine of the European Union (JO) L 193 of July 24, 2009, Regulations of the Commission (EU) No. 436/2009 of May 26, 2009 about setting standards on application of Regulations of Council (EU) No. 479/2008 about the grape register, obligatory declarations and information collection, necessary for market monitoring, accompanying documents in case of transportation of products and magazines which shall be stored in the grape and wine-making sector, the European Union (JO) L 128 published in the Official magazine of May 27, 2009, and article 29b 29c and 29d Regulations of Council (EU) No. 889/2008 of September 5, 2008 on establishment of rules of application of Regulations of Council (EU) No. 834/2007 on production of ecological products and labeling of ecological products concerning ecological products, the labeling and control published in the Official magazine of the European Union (JO) L 250 of September 18, 2008.

Chapter I. Scope

1. This Provision establishes the basic rules of the organization of the grape and wine-making market, regulation of potential production, specific requirements to production of grape and wine-making products, stages of production organization and realization of grape and wine-making products with the protected name of the place of origin (further – DOP) and with the protected geographical specifying (further – IGP), the procedure for development and approval of specifications, specific regulations in case of production of ecological grape and wine-making products resolved engineering procedures and restrictions in winemaking, requirements to labeling and traceability of grape and wine-making products, and also assessment procedure of compliance of grape and wine-making products.

2. This Provision is applied to the grape and wine-making products specified in Item 34, made in the Republic of Moldova or imported which falls under goods items of the Combined commodity nomenclature approved by the Law No. 172 of July 25, 2014 specified in the stated below table:

No. of payment order	Goods item of the Combined commodity nomenclature	Name of product (group products)
1	2009 61-2009 69	Grape mash
1-1.	2202 99 190	Other nonalcoholic wines with volume fraction of ethyl alcohol of no more 0,5 of %
2	2204	Natural grape wines, including fortified; the mash is grape, except specified in goods item of 2009
3	2205	Vermouths and grape natural wines other with addition vegetable or aromatic substances
4	2206 00 100	Picket
5	2208 20	Distillates wine or from grape residue and alcoholic beverages on them to basis
6	2307 00 110 2307 00 190	Wine sediment
7	2307 00 900	Wine stone
8	2308 00 110 2308 00 190	Grape residue

Chapter II. Terminology

3. For the purposes of this provision the concepts specified in article 2 of the Law No. 57-XVI of March 10, 2006 on grapes and wine of article 2 of the Law No. 66-XVI of March 27, 2008 on protection of geographical instructions, names of places of origin and the guaranteed traditional products, and also the following concepts are used:

1) the grape site – the compact area of farmlands set with vineyard, limited to clear boundary (roads, protective forest belts or other natural restrictions) and declared by one producer of grapes;

2) grape subsection – the part of the grape site determined in special procedure for registration in the Grape and wine-making register;

3) landing – final fixing of grape landing material in the soil for the purpose of creation of grape planting;

4) laying of grape planting – system of the organizational and economic and technological measures directed to creation of grape planting;

5) vykorchevka – process of complete removal of grape bushes from grape planting;

6) recovery of grape planting – system of the agrotechnical methods used for mitigation of consequences of damage of grape bushes by low temperatures (frosts, frosts), hail and other natural disasters;

7) reconstruction of grape planting – system of the organizational and economic and technological measures promoting elimination of certain shortcomings, consolidation and increase in potential production of the existing vineyards;

8) liqueur production or liqueur reservoir – products which are added to wine materials for carrying out secondary fermentation;

9) liqueur expeditionary – product which is added in wines spumant, spumant high-quality, pearl, scintillating and aerated for giving of specific tastes to them;

10) batch – quantity of the uniform grape and wine-making products made or packed in identical conditions;

11) alburnum – the product received as a result of crushing of grape berries;

12) traceability – opportunity to identify and trace grape and wine-making products or the material entered or contacting to these products on the course of all production phases and distributions;

13) natural volume fraction of ethyl alcohol – general volume fraction of ethyl alcohol in the considered product before any enrichment;

14) the actual volume fraction of ethyl alcohol – number of amounts of the net alcohol containing in 100 amounts of the considered product at temperature of 20 of 0C;

15) potential volume fraction of ethyl alcohol – number of amounts of net alcohol which can be received by complete sbrazhivaniye of the sugars which are present at product, containing in 100 amounts of the considered product at temperature of 20 of 0C;

16) general volume fraction of ethyl alcohol – the amount of the actual and potential volume fractions of ethyl alcohol;

17) wine material – the products in bulk received by complete or partial spirit fermentation of grape mash or grape alburnum which was exposed or was not exposed to procedures of processing and stabilization, intended for production of grape and wine-making products;

18) alcohol ethyl raw of grape and wine-making origin – the product received by distillation of the raw wine material dry or alcoholized, the fermented pressing grape or the fermented picket, wine yeast, the fermented rainfall received from processing and clarification of mash, juice, wine material; the volume fraction of ethyl alcohol in alcohol ethyl grape and wine-making origin of raw shall constitute at least 40 percent;

19) alcohol ethyl grape and wine-making origin rectified – the product received by rectification of the raw wine material dry or alcoholized by distillate wine or alcohol of ethyl grape and wine-making origin of raw or spirit condensate to which can be added in certain proportions of golovnye fraction and hvostovye fraction, received as a result of fractional distillation of wine material; the volume fraction of ethyl alcohol in alcohol ethyl grape and wine-making origin rectified shall constitute at least 96 percent;

20) check – studying and the analysis of objective proofs, and also observance of the requirements provided by the existing regulations;

21) dealkogolization - processing method of partial or complete removal of ethyl alcohol from wine by method of vacuum evaporation or membrane separation or by their combination;

22) spirit condensate - the hydrospirit solution received in the course of dealkogolization and/or adjustment of volume fraction of ethyl alcohol of wine.

Chapter III. Regulations of rather potential production

4. The potential production represents the area set with the grapes grades brought in the Catalogue of plant varieties of the Republic of Moldova (further – the Catalogue of plant varieties) which is determined as the "grape economy" consisting of the components provided in article 5 of the Law on grapes and wine.

5. Creation of grape plantings is performed in the differentiated grape and wine-making area. The geographical differentiation of grape and wine-making area provided in article 4 of the Law on grapes and wine affirms the Ministry of Agriculture, regional development and the environment (further – the Ministry). Works on differentiation of grape and wine-making area are carried out by research establishments of industry at the request of National bureau of grapes and wine under the Ministry of Agriculture, regional development and the environment (further - Bureau). Depending on environment of the Republic of Moldova, the grape and wine-making area is divided into 4 grape and wine-making regions – Southern, Central, Southeast and Northern.

6. Creation of grape plantings for production of the products provided in article 10 of the Law on grapes and wine is performed only by the grapes grades brought in the Catalogue of plant varieties. Entering of grades of grapes into this Catalogue is performed by State commission on testing of plant varieties based on results of their testing, according to the Regulations about testing and entering of grades into the Catalogue of plant varieties approved by the Order of the Government No. 43 of January 15, 2013.

7. During creation of the commodity grape plantings intended for production of grape and wine-making products only grades of grapes of type of Vitis vinifera and trans-species hybrids (grades of new selection) are allowed. Grape plantings with grades of grapes of type of Vitis labrusca are created for the purpose of production of grapes for fresh consumption and production of foodstuff, except for the grape and wine-making products specified in this Provision.

8. Placement of the grades of grapes brought in the Catalogue of plant varieties on grape and wine-making regions and the centers, and also the directions of use of grapes in aspect of grape and wine-making area, are developed by profile scientific institutions in case of direct consultation with associations of producers of wines with DOP and IGP and the Bureau affirms.

9. Landing of vineyards is performed by grape landing material of the biological, phytosanitary and physiological categories provided in article 9 of the Law on grapes and wine and in the Technical regulation "Production, Certification, Control and Realization of Material for Reproduction of Grapes and Grape Landing Material" approved by the Order of the Government No. 418 of July 9, 2009.

10. Laying of grape plantings for production of products is performed generally on the slope sites favorable for cultivation of grapes – warm slopes with tilt angle more 3o, height above sea level no more than 300 m, on moderately fertile soils (with content of humus of 2,0-3,0 of %), and also lungs on mechanical structure.

11. Grape plantings are pledged line, with interval of row-spacings of m 2,0-3,0, at m 1,0-1,75 distance between bushes, using systems of neukryvny, poluukryvny and ukryvny culture, and also shpalerny system of maintaining bushes and system of formirovka of bushes with vertical arrangement of escapes or freely hanging down escapes.

12. Features of laying of grape plantings, depending on ecological conditions (climatic, soil, relief), are established in regulations on the designing of long-term plantings approved by the Ministry.

13. Laying of grape plantings for production of products on the square from 0,15 to 0,5 of hectare is performed according to the plan of the organization of the territory and landing of vineyards developed by the producers of grapes having profile education or specialists in the field, and for the areas over 0,5 of hectare – according to the corresponding project developed by organizations, the organizations and the project companies (project bureaus) registered by the Ministry.

14. The plan of the organization of the territory and landing specified in Item 13, shall provide, as necessary, placement of cages and roads, the direction of ranks and distribution of grades on the site, to include the area of landing (general and in high-quality aspect), terms of landing, the scheme and density of landing, and also the need for landing material, water, fertilizers, the equipment, labor power, stock and materials.

15. Requirements to development and deployment of projects of creation of grape plantings are regulated by the provision specified in Item 12 of this provision.

16. Accounting of grape plantings for production of products and the wine-making companies is performed in the Grape and wine-making register. The grape and wine-making register consisting of the Register of grape plantings and the Register of the grape and wine-making companies is conducted and operated by Bureau according to the provision approved by the Government and requirements of this provision.

17. In the Grape and wine-making register it is recorded grape plantings for production of table and technical grades. Account of grape plantings is kept on grape sites or subsections, by producers of grapes, legal entities or physical persons.

18. Entering into the grape and wine-making register of information on producers of grapes and producers of grape and wine-making products is performed based on declarations on grape sites (subsections) and, respectively, declarations on the wine-making companies provided by producers under the personal liability according to the provision specified in Item 16 of this provision.

19. Producers of commodity grapes shall record productions and realization of technical grades of grapes in the book of the wine-grower. Content and procedure for maintaining the book of the wine-grower are regulated by the provision approved by the Ministry.

20. Owners of grape plantings, according to part provisions (8-1) articles 10 of the Law on grapes and wine, within 30 days from completion of works on landing, reconstruction or raskorchevka, shall provide to local primeriya of the settlement on which lands plantings, in written or electronic type are located:

1) the declaration on laying of grape planting (landing of vineyard), according to the sample specified in appendix No. 1 to this Provision;

2) the declaration on reconstruction/recovery of grape planting according to the sample specified in appendix No. 2 to this Provision;

3) the declaration on raskorchevka of grape planting according to the sample specified in appendix No. 3 to this Provision.

21. Of settlements transfer to Primeriya the declarations specified in Item 20, in terms and according to the procedure, provided in the provision specified in Item 16 of this provision.

Chapter IV. The special rules of wine growing concerning receipt of grape and wine-making products with the protected name in the place of origin and with the protected geographical specifying

22. Bookmark and operation of grape plantings for production of wines from DOP and wines with IGP are performed according to the acts specified in Item 13 of this provision with observance of the following requirements:

1) the differentiated geographical area;

2) the grapes grades permitted to cultivation in the differentiated geographical zone according to provisions of Item 8 of this provision;

3) landing material of biological categories "certified" and "standard".

23. The specific requirements imposed to bookmark and operation of grape plantings for the purpose of production of certain categories of grape and wine-making products with DOP or IGP are specified in specifications of the corresponding product.

24. The grapes grades intended for landing or change for the purpose of production of wines with DOP shall belong to Vitis vinifera type, and for production of wines with IGP – to type of Vitis vinifera or the crossed grades of type of Vitis vinifera and other types of the sort Vitis.

25. Technology of cultivation of the grapes intended for production of wines from DOP and wines with IGP are regulated by specifications for production of these products, according to the best practices in wine growing.

26. Regulation of the mass of harvest of grapes measured in tons from hectare is performed for each separate grade and the differentiated area, in view of the directions of use of grapes, biological features of grade, and also condition of vegetation and high-quality maintenance of grapes. Throughout the vegetative period regulation of harvest on hectare is performed by removal of excessive inflorescences or not quite ripe clusters.

Chapter V. Requirements to raw materials and materials

27. In case of production of wines, products received on the basis of mash, and products received on the basis of wine, 34 this provision specified in Item, use grapes fresh manual or machine harvesting of grades of type of Vitis vinifera, Vitis labrusca or crossing of type of Vitis vinifera and other types of the sort Vitis (grade of new selection).

28. The grapes which reached technological maturity and transported for conversion shall conform to the requirements provided in the Moldavian SM 84 standard "Grapes fresh, intended for technical conversion. Specifications".

29. Depending on the applied technology, in case of production of wines, products received on the basis of mash, and products received on the basis of wine also others are used the raw materials and materials specified in Chapter XVI of this provision which shall conform to requirements of the current legislation or the International wine-making code published by the International organization of grapes and wine (further – MOVV).

Chapter VI. Requirements to the equipment

30. Processing equipment, technological vessels, and also all equipment and container which contact to the grapes and products received as a result of its conversion in production process, packagings and transportations shall be specific to grape and wine-making industry and conform to the requirements established by the Law No. 78-XV of March 18, 2004 on foodstuff, the Law No. 10-XVI of February 3, 2009 on the state supervision of public health, the general requirements of hygiene of foodstuff approved by the Law No. 296/2017, Sanitary regulations on the materials and products intended for contact with foodstuff, the approved Order of the Government No. 308 of April 29, 2011 and Sanitary regulations about the materials and products from plastic intended for contact with foodstuff, the approved Order of the Government No. 278 of April 24, 2013.

31. Use when packaging grape and wine-making products of the caps or foil containing lead is forbidden.

32. The measuring instruments used in grape and wine-making industry shall be adequate, legitimized and subjected to metrological checking according to provisions of the Law No. 647-XIII of November 17, 1995 on metrology.

Chapter VII. Special requirements to grape and wine-making products

33. Grape and wine-making products are made according to the categories specified in article 13 of the Law on grapes and wine and in this Provision.

34. Special requirements to categories of grape and wine-making products are determined as follows:

1) for wines – according to appendix No. 4 to this Provision;

2) for category of products received on the basis of mash – according to appendix No. 5 to this Provision;

3) for the category of products received on the basis of wine, specified in part (2) article 14 of the Law on grapes and wine – according to the Technical regulation "Determination, Description, Representation and Labelling of Alcoholic Beverages" approved by the Order of the Government No. 317 of May 23, 2012 and this Provision;

4) for category of the flavored grape and wine-making products – according to appendix No. 6 to this Provision and Regulations on determination, the description, representation and labeling of the flavored grape and wine-making products, approved by the Order of the Government No. 741/2017;

5) for category of secondary products of winemaking – according to appendix No. 7 to this Provision;

6) for category of products received as a result of conversion of secondary products of winemaking – according to appendix No. 8 to this Provision.

35. The categories of the wines intended for direct consumption by the person, specified in appendix No. 4 to this Provision shall have the organoleptic, physical and chemical indicators and indicators of safety specified in this Provision.

36. Organoleptic indicators of wines shall correspond to this category, grade or the range of the used grades of grapes and the place of origin (for wines with DOP or IGP) and to be:

1) healthy, without foreign taste and smell;

2) transparent, without deposit and foreign inclusions. The new wine which is even in process of fermentation can have easy opalescence, and the wine matured in bottles according to letter e) the subitem 4) of Item 149 of this provision, can have natural deposit on walls and day of bottle.

37. On color of wine can be white, pink and red.

38. Wines shall correspond to the following physical and chemical indicators and indicators of safety:

1) the volume fraction of ethyl alcohol expressed as a percentage, determined at temperature of 20 °C shall correspond to the category specified in appendix No. 4 to this Provision;

2) the mass concentration of sugars in terms of invert sugar expressed in grams on decimeter cubic shall be:

a) for wines spumant, spumant high-quality, spumant high-quality aromatic type and aerated:

- brut of natures – no more than 3 g/dm3. This specifying can be used only for products to which sugar after secondary fermentation was not added;

- extra brut – from 0 to 6 g/dm3;

- brut – no more than 12 g/dm3;

- extra dry – from 12 to 17 g/dm3;

- dry – from 17 to 32 g/dm3;

- moist – from 32 to 50 g/dm3;

- sweet – at least 50 g/dm3;

b) for the others category of wines (except for liqueur wines):

- dry – no more than 4 g/dm3 or no more than 9 g/dm3 provided that the general acidity expressed in grams of wine acid on decimeter cubic shall not be more than 2 g lower than mass concentration of residual sugar;

- moist – when mass concentration of sugars exceeds most fixed value for dry wine, but no more than 12 g/dm3 or no more than 18 g/dm3 provided that the general acidity expressed in grams of wine acid on decimeter cubic shall not be more than 10 g lower than mass concentration of residual sugar;

- semisweet – when mass concentration of sugars is higher than the maximum value established for moist, but no more than 45 g/dm3;

- sweet – at least 45 g/dm3;

3) the mass concentration of titrable acids in terms of wine acid expressed in grams on decimeter cubic shall be at least 4,0 of g/dm3;

4) mass concentration of flying acids, in terms of acetic acid, expressed in grams on decimeter cubic, shall be no more:

a) for mash grape partially fermented white or pink wines – g/dm3 1,08;

b) for red wines – g/dm3 1,2;

c) for overripe grapes and wines zaizyumlenny grapes wines - g/dm3 1,8.

Excess of the limits set in a letters is allowed) - c) for the wines subjected to endurance at least two years or in case when wines are made on some special technologies provided that they do not influence negatively organoleptic indicators;

5) the mass concentration of the given extract expressed in grams on decimeter cubic shall be at least:

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