[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 26.8.2005

COM(2005) 395 final

2005/0160 (CNS)

Proposal for a

COUNCIL REGULATION

amending Regulation (EC) No 1493/1999 on the common organisation of the market in wine

(presented by the Commission)

EXPLANATORY MEMORANDUM

The purpose of this proposal is to make a certain number of technical amendments to Council Regulation (EC) No 1493/1999 on the common organisation of the market in wine. The Commission also intends to present in 2006 a proposal on reforming the sector, based upon the results of an impact assessment.

The proposal is to replace the obligation to distil by-products of wine-making with the obligation to withdraw such by-products under supervision in the wine-producing zone in Slovenia and Slovakia.

The draft proposal also amends the annex to Regulation (EC) No 1493/1999 regarding the classification of the wine-growing areas in Poland as wine-growing zone A.

Concerning oenological practices, authorisation is proposed for a number of oenological practices and processes which have been authorised on an experimental basis in some Member States, under the conditions set out in Commission Regulation (EC) No 1622/2000. The results obtained suggest that these practices and processes are beneficial to improving the management of wine production and the conservation of these products whilst posing no health risks to consumers. The International Organisation of Vine and Wine (IOVW) has already recognised and authorised these experimental practices carried out in Member States.

Lastly, it proposes to extend the derogation for certain sparkling wines produced in the specified regions and to authorise the use of certain languages and specific wording in the labelling of wines.

2005/0160 (CNS)

Proposal for a

COUNCIL REGULATION

amending Regulation (EC) No 1493/1999 on the common organisation of the market in wine

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of the European Economic and Social Committee,

Whereas:

(1) Article 27 of Council Regulation (EC) No 1493/1999[1] prohibits the overpressing of grapes and the pressing of wine lees to guard against poor quality wine, and to this end stipulates the obligation to distil marc and lees. Since the production and marketing facilities in the wine-growing areas of Slovenia and Slovakia enable the objectives of these provisions to be met, the obligation for producers in these regions to distil by-products of wine-making should be replaced with the obligation to withdraw such by-products under supervision.

(2) Under Article 1(3) of Regulation (EC) No 1493/1999, the decision whether to classify Poland in wine-growing region A in Annex III to the above Regulation (which classifies the areas planted with vines in Member States into wine-growing zones), would be taken upon accession. The Polish authorities have provided the Commission with information on the areas of vines planted in Poland and their geographical position, which shows that these wine-growing areas could be classed as zone A.

(3) Annex IV to Regulation (EC) No 1493/1999 establishes a list of authorised oenological practices and processes for wine production. Several oenological practices and processes not contained in this Annex have been authorised on an experimental basis by some Member States under the conditions set out in Commission Regulation (EC) No 1622/2000 laying down certain detailed rules for implementing Regulation (EC) No 1493/1999 on the common organisation of the market in wine and establishing a Community code of oenological practices and processes[2]. The results obtained suggest that these practices and processes were beneficial to improving the management of wine production and the conservation of these products, whilst posing no health risks to consumers. The International Organisation of Vine and Wine has already recognised and authorised these experimental practices carried out in Member States. Therefore such oenological practices and processes should be definitively authorised at Community level.

(4) Annex VI.D.1 to Regulation (EC) No 1493/1999 provides that quality wines psr may be produced only from grapes of wine varieties which appear on the list of the Member State of production and are harvested within the specified region. However, point D.2 of that Annex provides that, until 31 August 2005 at the latest, in the case of a traditional practice governed by special provisions of the Member State of production, that Member State may permit on certain conditions, by means of express authorisations and subject to suitable controls, that a quality sparkling wine psr be obtained by adding to the basic product from which the wine is made one or more wine-sector products which do not originate in the specified region whose name the wine bears.

(5) Italy has applied this derogation for the preparation of quality sparkling wines psr Conegliano-Valdobbiadene and Montello e Colli Asolani . In order to adapt the structural aspects of the traditional method of producing such wines, this derogation should be extended until 31 December 2007.

(6) Annex III.1(c) to Regulation (EC) No 1493/1999 states that the wine-growing areas of Denmark and Sweden form part of wine-growing zone A. These two Member States are now able to produce table wine with a geographical indication. Accordingly, Lantvin and Regional vin should be added to Annex VII.A2.

(7) The derogations provided for in Annex VII.D1(b) and Annex VIII.F(a), allowing the information on the label to be given in one or more of the official languages of the Communities, should apply to Cyprus.

(8) Regulation (EC) No 1493/1999 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1493/1999 is hereby amended as follows:

1) In Article 27, paragraph (7) is replaced by the following:

“7. Any natural or legal persons or groups of persons who process grapes harvested in wine-growing zone A or in the German part of wine-growing zone B, or on areas planted with vines in the Czech Republic, Austria, Slovenia or Slovakia shall be required to withdraw the by-products of such processing under supervision and subject to conditions to be determined.”

2) Annexes III, IV, VI, VII and VIII are amended as set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the seventh day following 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

ANNEX

The Annexes to Regulation (EC) No 1493/1999 are amended as follows:

1) In Annex III, point 1(c) is replaced by:

“c) in Belgium, Denmark, Ireland, the Netherlands, Poland, Sweden and the United Kingdom: the wine-growing areas of these countries.”

2) Annex IV is amended as follows:

a) Point 1 is amended as follows:

i) point (i) is replaced by the following:

“i) treatment of must and new wine still in fermentation with charcoal for oenological use, within certain limits;”

ii) the following indent is inserted after the first indent of point (j):

“ - plant proteins,”

iii) the following point is added:

“ s) addition of L-ascorbic acid up to certain limits;”

b) Point 3 is amended as follows:

i) the following indent is inserted after the first indent of point (m):

“ – plant proteins,”

ii) the following points are added:

“zc) the addition of dimethyldicarbonate (DMDC) to wine for microbiological stabilisation, within certain limits and under conditions to be determined;

zd) the addition of yeast mannoproteins.”

3) In Annex VI point D2, first indent, the date of “31 August 2005” is replaced by the date “31 December 2007”.

4) Annex VII is amended as follows:

a) In point A2b, the third indent is replaced by:

“ – one of the following wordings under conditions to be determined: “Vino de la tierra”,“οίνος τοπικός”, “zemské víno,” “regional vin”, “Landwein”, “ονομασία κατά παράδοση”, “regional wine”, “vin de pays”, “indicazione geografica tipica”, “tájbor”, “inbid tradizzjonali tal-lokal”, “landwijn”, “vinho regional”, “deželno vino PGO”, “deželno vino s priznano geografsko oznako”, “geograafilise tähistusega lauavein”, “lantvin”. Where such a term is used, the words "table wine" shall not be required;”

b) In point D1, the third indent is replaced by:

“The information specified in the second indent may be repeated in one or more official languages of the Community for products originating in Greece and Cyprus.”

5) In Annex VIII point F, point (a) is replaced by:

“a) the following information shall be provided only in the official language of the Member State in whose territory production took place:

- in the case of quality sparkling wines psr, the name of the region specified in point B4, second indent:

- for quality sparkling wines psr or for quality sparkling wines, the name of another geographical area specified in point E1.

The names of the products specified in the first and second indents produced in Greece and in Cyprus may be repeated in one or more other official languages of the Community;”

FINANCIAL STATEMENT |

DATE: 1/7/2005 |

1. | BUDGET LINE 05 02 09 | APPROPRIATIONS: EUR 1 228 million |

2. | TITLE: Council Regulation amending Regulation (EC) No 1493/1999 on the common organisation of the market in wine |

3. | LEGAL BASIS: Article 37 of the Treaty |

4. | AIMS: To update Council Regulation (EC) No 1493/1999 |

5. | FINANCIAL IMPLICATIONS | PERIOD OF 12 MONTHS (EUR million) | CURRENT FINANCIAL YEAR 2005 (EUR million) | FOLLOWING FINANCIAL YEAR 2006 (EUR million) |

5.0 | EXPENDITURE - CHARGED TO - THE EC BUDGET (REFUNDS/INTERVENTIONS) - NATIONAL AUTHORITIES - OTHER |

5.1 | INCOME - OWN RESOURCES OF THE EC (LEVIES/CUSTOMS DUTIES) - NATIONAL |

2007 | 2008 | 2009 | 2010 and subs. years |

5.0.1 | ESTIMATED EXPENDITURE | -0.68 | -0.68 | -0.68 | -0.68 |

5.1.1 | ESTIMATED REVENUE |

5.2 | METHOD OF CALCULATION: |

6.0 | CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE RELEVANT CHAPTER OF THE CURRENT BUDGET? | YES NO |

6.1 | CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE CURRENT BUDGET? | YES NO |

6.2 | IS A SUPPLEMENTARY BUDGET NECESSARY? | YES NO |

6.3 | WILL APPROPRIATIONS NEED TO BE ENTERED IN FUTURE BUDGETS? | YES NO |

OBSERVATIONS: This measure will generate a saving of EUR 0.681 million from 2006 (see calculation). Since the area under vines in Poland totals only around 100 ha, the budget impact is negligible. Budget saving on financial costs for by-products in Slovakia and Slovenia Slovenia 700 000 hl Slovakia 500 000 hl Total 1 200 000 hl Delivery of by-products for distillation: 3.5% of 1 200 000 42 000 hl A Distillation 42 000 10% = 4 200 hl of alcohol 4 200 0,6 100 EUR 252 000 B Alcohol taken over (115.9-19+5.32) X 4 200 = EUR 429 324 Total saving EUR 681 324 Savings from 2006 thus amount to EUR million 0.681. |

[1] OJ L 179 of 14.7.1999, p. 1. Regulation as last amended by Commission Regulation (EC) No 1795/2003 (OJ L 262, 14.10.2003, p. 13.)

[2] OJ L 194 of 31.07.2000, p. 1. Regulation as last amended by Regulation (EC) No 1428/2004 (OJ L 263, 10.08.2004, p. 7.)