**Avis juridique important**

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# 52003PC0089

**Proposal for a Council Regulation authorising the offer and delivery for direct human consumption of certain wines imported from Australia which may have undergone oenological practices not provided for in Regulation (EC) No 1493/1999  /* COM/2003/0089 final */****

Proposal for a COUNCIL REGULATION authorising the offer and delivery for direct human consumption of certain wines imported from Australia which may have undergone oenological practices not provided for in Regulation (EC) No 1493/1999

(presented by the Commission)

EXPLANATORY MEMORANDUM

Wines originating in third countries which have undergone oenological processes not allowed by the Community rules may not, except by way of derogation to be decided by the Council, be offered for human consumption in the Community. The derogation procedure is provided for in Article 45(1) of Regulation (EC) No 1493/1999 on the common organisation of the market in wine.

The Wine Agreement concluded between the Community and Australia in 1994 foresees the completion and amendment of its provisions on certain outstanding issues. Negotiations are currently underway between the Community, represented by the Commission and Australia on these outstanding issues, involving in particular the respective oenological practices of both Parties. Following an Australian request, and with a view on the smooth progress of these negotiations, the use of treatment with oak chips and sawdust should be authorised for wine products derived from grapes harvested and vinified on Australian territory. This oenological practice should, however, be authorised on a transitional basis until the entry into force of the agreement resulting from these negotiations, but not later than 31 December 2003.

Proposal for a COUNCIL REGULATION authorising the offer and delivery for direct human consumption of certain wines imported from Australia which may have undergone oenological practices not provided for in Regulation (EC) No 1493/1999

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine [1], and in particular Article 45(2) thereof,

[1]  OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Regulation (EC) No 2585/2001 (OJ L 345, 29.12.2001, p. 10).

Having regard to the proposal from the Commission [2],

[2]  OJ C ..., ..., p. ...

Whereas:

(1) Article 45(1) of Regulation (EC) No 1493/1999 provides for the possibility to adopt derogations for imported products which have undergone oenological practices not authorised by Community rules.

(2) The Agreement between the European Community and Australia on trade in wine [3], provides for the completion and amendment of its provisions on certain outstanding issues. Negotiations are currently underway between the Community, represented by the Commission and Australia on those outstanding issues which involve in particular the oenological practices of both Parties, as well as the protection of certain wine denominations.

[3]  OJ L 86, 31.3.1994, p. 3. Agreement as last amended by Agreement of 6 August 2002 (OJ L 213, 9.8.2002, p. 44).

(3) Until the resolution of those outstanding issues, it is appropriate to authorise the use of treatment with oak chips and sawdust for wine products derived from grapes harvested and vinified in the territory of Australia. That oenological practice should only be authorised on a transitional basis until the entry into force of the Agreement resulting from the current negotiations between the Community and Australia, but in any event not later than 31 December 2003,

HAS ADOPTED THIS REGULATION:

Article 1

1. Notwithstanding Article 45(1) of Regulation (EEC) No 1493/1999, it shall be permitted to offer or deliver for direct human consumption in the Community products falling within CN codes 2204 10, 2204 21, 2204 29 and 2204 30 10 and derived from grapes harvested and vinified in the territory of Australia which, in accordance with Australian provisions, may have been treated with oak chips and sawdust, uncharred and not treated, during manufacturing or storage.

However, this authorisation shall be valid only until the entry into force of the Agreement resulting from the negotiations between the Community and Australia with a view to concluding amendments to the Agreement between the European Community and Australia on trade in wine, concerning in particular the matters referred to in Article 17(2)(c) and (f) of that Agreement, but in any event not later than 31 December 2003.

2. Member States may not prohibit the offer or delivery for direct human consumption of wine derived from grapes harvested and vinified in the territory of Australia in accordance with the provisions in force in that country on the grounds that it may have been treated with oak chips and sawdust, uncharred and not treated, during manufacturing or storage.

Article 2

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the Council

The President

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