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Distillation obligation; monitoring and enforcement

The distillation obligation for certain excess quantities of wine is monitored and enforced.

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Bayerische Landesanstalt für Weinbau und Gartenbau

Bayerische Landesanstalt für Weinbau und Gartenbau

Street address

An der Steige 15
97209 Veitshöchheim

Postal address

Postfach 1140

97205 Veitshöchheim

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Procedure details

The production of quality wine is subject to the maximum yield per hectare regulation throughout the EU. This stipulates that only a certain amount of wine may be marketed each year in relation to the cultivated vineyard area. For the Franconia growing region, this maximum quantity is set at 90 hl/ha of vineyard area. For the Württemberg wine-growing region, the Bavarian Bodensee area. Bodensee, this value is set at 110 hl/ha.

Annual harvest quantities that exceed this value on average for a farm are referred to as surplus quantities.

If a wine-growing operation's harvest in a given year does not exceed this so-called total yield per hectare by more than 20%, this excess quantity may only be stored on the operation itself.

If the quantity harvested in one year exceeds the total yield per hectare by more than 20%, which corresponds to a value of 108 hl/ha in Franconia, the wine made from this quantity must be distilled by December 15 of the year following the harvest.

Proof of distillation must be provided to the Bavarian State Institute for Viticulture and Horticulture by submitting a customs certificate.

The issue of an official inspection number within the framework of the quality wine inspection is linked to the fact that the business fulfills this distillation obligation.

The alcohol produced on the basis of this distillation obligation is to be used exclusively for industrial purposes.

Wine-producing businesses that exceed an average yield of 108 hl/ha.

none

  • Submission of the harvest declaration by January 15 of the following year.
  • If the hectare yield of 108 hl/ha is exceeded, distillation by December 15 of the following year.

The granting of public aid and premiums is excluded for quantities subject to the distillation obligation.

  • Appeal procedure (optional); lodging an appeal

    If the objection has no suspensive effect, an application for suspension of enforcement can be made to the original authority or the objection authority in accordance with Section 80 (4) VwGO. Instead, an application for an order or restoration of the suspensive effect of the objection can be made to the competent Bavarian Administrative Court in accordance with Section 80 (5) VwGO.

    Please note: If it concerns the demand for public charges and costs (§ 80 Para. 2 Sentence 1 No. 1 VwGO), an application to the court is generally only admissible if the authority has previously rejected an application for suspension of enforcement (§ 80 Para. 6 VwGO).

Status: 25.09.2024
Editorially responsible for prodecure description: Bayerische Landesanstalt für Weinbau und Gartenbau
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