The Wine Law of 1999 resulted not only in new regulation of the areas and regions (the additional wine-growing areas of Niederösterreich (Lower Austria) and Burgenland and the wine-growing regions of Weinland and Bergland) and adaptation of the regulations on fruit wine to reflect modern technologies. At the same time it also provided protection to fruit wines produced in the traditional manner along with a large number of simplifications, clarifications and adaptations to Community law.
Since it was passed in 1985, the Wine Law has been amended several times. The deletion of old and the addition of new sections had made the external form of the law very unclear and difficult to interpret by those to whom it applies The present amendment is part of an initiative proposal to rephrase the Wine Law. The text of this rewording is in accordance with the initiative proposal, but renumbering as well as a clear distinction between the regulations on wine made from grapes and fruit wine has been undertaken. The new Wine Law of 1999 is a response to a long-standing desire, especially on the part of the wine industry, to create a lucid wine law as an integrated whole. In addition, the new Wine Law represents an adaptation to Community law in both a material and a terminological respect.
At the same time as this amendment, the Agrarian Market Austria (AMA) Law was also changed to permit the levying of marketing fees for wine shipped to destinations outside Austria in containers larger than 50 litres. Thus an independent motion in accordance with Section 27 of the Rules of Procedure was also introduced.
Two committee rulings established that the customary definition of a G’spritzter as a drink containing at least 50% wine, no more than 50% soda water or mineral water and at least 4.5% alcohol will be retained, and that use of the name “Obstmost traditionell bäuerlicher Produktion” (traditional farm-made fruit wine) will be restricted to farms.
The Most Important Points at a Glance:
Creation of larger wine-growing areas (the wine-growing areas of Niederösterreich and Burgenland) while retaining the smaller ones. Creation of the wine-growing regions Weinland and Bergland.
Revision of the chapter on fruit wine.
In particular, authorisation of the use of “modern concentrate technology” and creation of an “Obstmost traditionell bäuerlicher Produktion” (traditional farm-made fruit wine). In addition, the outdated portions of the law on fruit wine are being adapted to the new requirements.
Adaptation of the regulations on wine monitoring to the requirements of actual practice (especially the possibility of warnings issued by federal winery inspectors).
Terminological corrections:
Concretisation of wine terminology in each individual passage of the text; deletion of all references to “versetzt” (fortified) and “nichtversetzt” (non-fortified) wine. Catalogue of regulated terms to supplement those already regulated under Community law; in addition, a comprehensive terminological adaptation to Community law.
Adaptation to achieve conformity with the regulations of Community law in all areas (e.g. fortification, sweetening and designation) that already had de facto validity.
Adaptation of the definition of marketing to the requirements of practice.
Clarification e.g. in the case of pearl wine, alcohol-free or low-alcohol wine.
Deletion of blended wine drinks (with wine content under 50%) from the scope of the Wine Law.
Empowerment for the Federal Minister for Agriculture and Forestry to issue regulations to implement regulations of the European Community that are not immediately applicable concerning the marketing of products covered by the Wine Law (e.g. Community guidelines on food labelling and additives).
Deletion of the requirement for harvest and stock declaration as of 30 April.
Levying of a marketing fee to include wine that is shipped to other countries in containers larger than 50 litres since this wine is bottled abroad and then sold by retailers as Austrian wine.