2001R1037 — EN — 03.01.2004 — 001.001 — 1
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►B COUNCILREGULATION(EC)No1037/2001
of22May2001
authorisingtheofferanddeliveryfordirecthumanconsumptionofcertainimportedwineswhich
mayhaveundergoneoenological processesnotprovidedforinRegulation(EC)No1493/1999
(OJ L 145, 31.5.2001, p. 12)
Amended by:
Official Journal
No page date
►M1Council Regulation (EC) No 2324/2003 of 17 December 2003 L 345 24 31.12.2003
▼B
COUNCILREGULATION(EC)No1037/2001
of22May2001
authorisingtheofferanddeliveryfordirecthumanconsumptionof
certain imported wines which may have undergone oenological
processesnotprovidedforinRegulation(EC)No1493/1999
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,
Having regard to the proposal from the Commission,
Whereas:
(1)Article 45(2) of Regulation (EC) No 1493/1999, which replaced
Regulation (EEC) No 822/87 (2), witheffect from 1 August
2000, lays down that the derogations referred to in paragraph 1
for imported products are to be adopted in accordance withth e
procedure laid down in Article 133 of the Treaty.
(2)Article 68(1) of Regulation (EC) No 1493/1999 lays down thatthe products referred to in Article 1(2)(a) and (b) of that Regula-tion may be imported only if they are accompanied by acertificate to the effect that they comply with the provisionsgoverning production, marketing and, where appropriate,delivery for direct human consumption in the third countries in
which they originate.
(3)Regulation (EEC) No 1873/84 (3) provides for a derogation
authorising the import into the Community of United States
wines which have undergone certain oenological processes notprovided for by Community rules. For certain oenologicalprocesses, this authorisation is only valid until 31 December2003 at the latest.
(4)Article 81 of Regulation (EC) No 1493/1999 repealed, witheffect from 1 August 2000, a number of Council Regulations
including Regulation (EEC) No 1873/84. However, Commission
Regulation (EC) No 1608/2000 of 24 July 2000 laying downtransitional measures pending the definitive measures imple-menting Regulation (EC) No 1493/1999 on the commonorganisation of the market in wine (
4) provides that certain provi-
sions of Regulation (EEC) No 1873/84 are to remain in force
until the adoption of this Regulation by the Council, but not later
than 31 December 2003.
(5)Negotiations are currently underway between the Community,represented by the Commission, and the United States ofAmerica witha view to concluding an agreement on trade inwine. These involve in particular the respective oenologicalprocesses of bothparties, as well as th e protection of geogra-
phical indications. At its meeting on 23 October 2000, the
Agriculture Council took note of the Commission's report onthe negotiations provided for in the second subparagraph ofArticle 1(1) of Regulation (EEC) No 1873/84 and confirmed itswish to make headway in the negotiations and to set out theapproachto be followed in th em.2001R1037 — EN — 03.01.2004 — 001.001 — 2
(1) OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Regulation (EC)
No 2826/2000 (OJ L 328, 23.12.2000, p. 2.).
(2) OJ L 84, 27.3.1987, p. 1.
(3) OJ L 176, 3.7.1984, p. 6. Regulation as last amended by Regulation (EC)
No 2839/1998 (OJ L 354, 30.12.1998, p. 12).
(4) OJ L 185, 25.7.2000, p. 24. Regulation as last amended by Regulation (EC)
No 491/2001 (OJ L 71, 13.3.2001, p. 3).
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(6)With a view to ensuring the smooth progress of these negotia-
tions, the provisions of Regulation (EEC) No 1873/84 should be
extended and the United States oenological processes referred toin 1(b) of the Annex to Regulation (EEC) No 1873/84 shouldcontinue to be authorised on a transitional basis until the entryinto force of the agreement resulting from the negotiations, butnot later than 31 December 2003, as agreed by the Council in
Regulation (EC) No 2839/98, amending Regulation (EEC) No
1873/84.
(7)In view of developments in the regulatory framework and inoenological processes, technical aspects of the Annex should be
updated to make it consistent withth e current rules in force in
this area,
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 humanconsumption in the Community products falling within CN codes2204 10, 2204 21, 2204 29 and 2204 30 10 and derived from grapesharvested and vinified on the territory of the United States of America
for which, in accordance with United States provisions, one or more of
the oenological processes listed in 1(a) and (b) of the Annex to thisRegulation may have been used during manufacturing or storage opera-tions.
However, this authorisation shall be valid, as regards use of the oeno-
logical processes listed in 1(b) of the Annex, only until the entry into
force of the agreement resulting from the negotiations with the United
States of America witha view to concluding an agreement on trade inwine concerning, in particular, oenological processes and the protectionof geographical indications, but not later than ►
M131 December
2005◄.
2. Member States may not prohibit the offer or delivery for direct
human consumption of wine derived from grapes harvested and vini-
fied on the territory of the United States of America in accordance
with the provisions in force in that country on the grounds that one ormore of the oenological processes listed in 2(a) and (b) of the Annexmay have been used.
3. Wines derived from grapes harvested and vinified on the territory
of the United States of America which have been the subject of the
addition of sugar in aqueous solution may not be offered or delivered
for direct human consumption in the Community.
Article 2
This Regulation shall enter into force on the day of its publication in
theOfficial JournaloftheEuropeanCommunities .
This Regulation shall be binding in its entirety and directly applicable
in all Member States.2001R1037 — EN — 03.01.2004 — 001.001 — 3
▼B
ANNEX
1.Oenological processespermitted
(a)withoutanytimelimit:
— catalase derived from Aspergillusniger ,
— glucose oxydase derived from Aspergillusniger ,
— ferrous sulphate,— soya flour;
(b)until31December2003atthelatest:
— dimethylpolysiloxane,
— polyoxyethylene-40-monostearate,— sorbitan monostearate,
— fumaric acid,
— ion-exchange resins,— lactic acid,
— malic acid.
2.Oenological processes which are identical to, or comparable with, those
permittedintheCommunity
(a)oenological processeswhichareidentical:
— acacia (gum arabic),
— activated carbon,
— animal albumen (including ovalbumin powder and ovalbumin solu-
tion),
— ammonium phosphate (dibasic),— ascorbic acid,
— bentonite (Wyoming clay),
— bentonite slurry,— carbon dioxide,— casein,
— citric acid,
— compressed air (aeration),— copper sulphate,
— diatomaceous earth,
— enzymes: pectolytic, derived from Aspergillusniger ,
— edible gelatin,
— gelatin slurry,
— isinglass,— nitrogen,
— potassium bitartrate,
— potassium caseinate,— potassium disulphite,
— potassium sorbate,
— silica gel (colloidal silicon dioxide — 30 %),— sorbic acid,
— tannin,
— tartaric acid,— calcium carbonate, possibly containing small quantities of double
calcium salt of tartaric L (+) and malic L (–) acid,
— calcium sulphate, for the manufacture of liqueur wines,— polyvinylpolypyrrolidone (PVPP),
— oxygen;
(b)oenological processeswhicharecomparable:
— agar agar,
— ammonium carbonate,
— ammonium phosphate (monobasic),
— granular cork,— milk powder,
— oak chips and sawdust, uncharred and not treated,
— potassium carbonate,— carageenan,2001R1037 — EN — 03.01.2004 — 001.001 — 4
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— cellulase derived from Aspergillus niger,
— cellulose,
— autolyzer yeast,
— substances composed of potassium ferrocyanide and aqueous ferrous
sulphate, possibly combined with copper sulphate and activated
carbon.2001R1037 — EN — 03.01.2004 — 001.001 — 5