German Wine law - Horak Attorneys at Law- Hanover/Munich

Wine law is a specialised part of food law. The applicable EU wine legislation and German wine legislation complement the general EU food framework and the LFGB. The former German LMBG is not the current general food statute.

Wine law in Germany

Germany has 13 designated wine-growing regions. Statistics need a reference year: Destatis reported on 13 October 2026 that the 2026 wine-must harvest was expected to reach 8.0 million hectolitres, based on the estimate of 20 September. This is a forecast, not a final harvest result or a long-term average.

The provisional official supply balance for the 2024/25 wine year records domestic use of 17.9 million hectolitres. Domestic use includes processing and should be distinguished from harvest, wine production, imports and drinking consumption. The previous undated figures and blanket claim of the world’s largest importer are not a current statistical comparison.

Before the creation of a vineyard, it is fundamental to observe the regulations on wine growing as well as the replanting and the associated planting laws. In addition to the German Wine Law, leasing provisions can be superimposed here with short periods of limitation.

PDO Wine and the Wine Market

Protected designations of origin and geographical indications for wine are governed principally by Regulation (EU) 2024/1143 alongside the remaining sector-specific rules. Registration, specifications, lawful name use and supervision are distinct matters.

Yield limits and quantity rules depend on the applicable EU, German federal and state provisions and any protected-name specification. They require an assessment for the region and product concerned.

New planting authorisations must be distinguished from replanting authorisations. Article 63 of Regulation (EU) No 1308/2013 provides the EU framework and possibilities for restrictions. Section 7 WeinG sets Germany’s rate at 0.3% of the area planted on 31 July of the previous year for 2016–2026. Relevant regional limits and the amendments in Regulation (EU) 2026/471 must also be considered; the old statement that replanting is authorised at one percent was incorrect.

The Member States can decide to set a lower percentage at national and/or regional level in the event of an objective evidence of thread of oversupplying or in case of an objective evidence of depreciation.

The 2026 EU wine package modifies planting, market and support rules. Its effect must be checked against the relevant provision, application date and national implementation; it does not give every operator an automatic right to expand a vineyard.

European Wine law

In the European Union, the relevant provisions regarding wine-trading with third countries are comprised in the following regulations:

Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007
Current third-country trade, accompanying-document and control requirements are governed in particular by Regulation (EU) No 1308/2013 and Regulations (EU) 2018/273 and 2018/274. The former reference to Regulation (EC) No 555/2008 alone no longer describes the current framework.

Legal framework of the wine production

Wine is a particular product and needs to be produced in a proper and correct manner. In order to do so, the production of wine is regulated by various regulations, such as:

Oenological practices and production restrictions are governed in particular by Regulation (EU) No 1308/2013 and Delegated Regulation (EU) 2019/934, as amended. The former reference to Regulation (EC) No 606/2009 is outdated.

Legal framework of wine labelling

Wine has to be correctly labelled:

Labelling and presentation are governed in particular by Regulation (EU) No 1308/2013, Delegated Regulation (EU) 2019/33, the Food Information Regulation and the relevant geographical-indication rules. Additional ingredient and nutrition requirements apply from 8 December 2023, with stock-exhaustion transitional rules for wines produced before that date. Where electronic information is permitted, allergens and energy value must still appear on the physical label. Product category and the 2026 wine-package amendments must be checked.

Legal framework of wine transportation

If you are transporting wine – exceptions apart – an accompanying document will be necessary. Please check:

Transport documentation is governed principally by Regulations (EU) 2018/273 and 2018/274 and Germany’s 2026 Wine Monitoring Ordinance. Exceptions or alternative documents depend on the product, quantity, packaging and journey. Regulation (EC) No 436/2009 is no longer the current basic rule.

Legal framework of wine importation

For third-country wine, a V I 1 document containing the required certificate and analysis information is generally required under Articles 20 onwards of Regulation (EU) 2018/273, subject to exceptions. Consult current Commission lists for authorised third-country bodies and laboratories. The previously linked 06.pdf is retained as a historical reference and must be checked before use. http://ec.europa.eu/agriculture/wine/lists/06.pdf

Article 21 of Regulation (EU) 2018/273 provides document exemptions for specified small quantities, passenger baggage and exhibition purposes under defined conditions. These exemptions are distinct from customs and excise travel allowances.

From 2 September 2026, section 25 of the new German Wine Monitoring Ordinance governs import authorisation and official examination; the former section 32 reference is outdated. Third-country products generally require authorisation, subject to statutory exceptions. Examination may be waived for labelled containers of up to five litres, and goods already released for free circulation in another EU Member State are treated as specified in that provision. Section 26 addresses customs competence and document checks.

For further questions in regard to this topic, please refer to the closest office responsible for wines´ handling in your town.

Our lawyers and the legislation on wine: our activities

Current designation legislation (such as the designation of origin, indication of origin, protected geographical indications, protected designation of origin, verification of products performance or specification);
Wine labelling requirements ( such as presentation, labelling, indication for designation of wine, misleading and protection from fraud);
Request for protection of names as indication of origins or geographical indications;
Utilization of location names;
Oenological manufacture stipulations;
Yield per hectares regulation;
Excess quantities;
Distillation process;
Wine- quality control;
National, European and international marketing rules (with Japan);
EU planting regulation;
Wine-subsidy law;
Official supervision and control of wine and viticulture;
Wine marketing;
General prohibition of wine handling;
Complaints and investigation proceedings on wine inspections;
Penal Law applied on the wine legislation;
Wine legislation on regulatory offences matters;
Administrative procedures;
Grapevines replanting authorizations;
Land consolidation and reorganization of property;
Wine transportation and delivery etc.

In the case of legal wine-matters, our clients are:

Winemakers and wineries,
Wine producers,
Sparkling-wine producers
Associations and organizations of the wine industry,
Wine dealers,
Spirits manufacturer,
Importers and exporters of wine and spirits.

International Harmonisation of the Wine Legislation

The International Organisation of Vine and Wine (OIV) is an intergovernmental technical organisation established under the Agreement of 3 April 2001, with a predecessor dating from 1924. Its current directory lists 51 member states and includes the EU among its observers. OIV resolutions are recommendations; their legal effect depends in particular on incorporation into applicable law.

The OIV is the world´s most important reference organization for the wine sector. With the aim of an international harmonization, the OIV devises and adopts the OIV recommendations (“resolutions”) on the definition, production, processing, analysis and labelling in the area of vine, wine and other spirits such as liqueur wine or wine brandy and other products derivate from the vine. The economic and statistical work of the OIV on international viticulture (cultivation areas, production, trade and consumption) is also an important source of information for the member countries, on the basis of these above-mentioned, fundamental decisions could be taken