Proposal for a COUNCIL REGULATION amending Regulation (EC) No 1037/2001 authorising the offer and delivery for direct human consumption of certain imported wines which may have undergone oenological processes not provided for in Regulation (EC) No 1493/1999

(presented by the Commission)

EXPLANATORY MEMORANDUM

Wine originating in third countries which has undergone oenological processes not authorised under Community rules may not be offered for direct human consumption in the Community except by express derogation adopted by the Council. The derogation procedure is provided for in Article 45(2) of Regulation (EC) No 1493/1999 on the common organisation of the market in wine.

By derogation from Article 45(1) of Regulation (EC) No 1493/1999, products falling within CN codes 2204 10, 2204 21, 2204 29 and 2204 30 10 and derived from grapes harvested 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 Regulation (EC) No 1037/2001 may have been used during manufacturing or storage operations, may be offered or delivered for direct human consumption in the Community.

With regard to the use of the oenological processes referred to in paragraph 1(b) of the Annex, that authorisation was valid only until the entry into force of the agreement resulting from the negotiations with the United States of America on trade in wine and concerning oenological processes and the protection of geographical indications, but not later than 31 December 2003.

The Commission is proposing to maintain that authorisation until the conclusion of the negotiations under way between the Community and the United States with a view to concluding an agreement on trade in wine, but not later than 31 December 2004.

This proposal has no financial impact on the Community budget.

Proposal for a COUNCIL REGULATION amending Regulation (EC) No 1037/2001 authorising the offer and delivery for direct human consumption of certain imported wines which may have undergone oenological processes 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 Commission Regulation (EC) No 1795/2003 (OJ L 262, 14.10.2003, p. 13).

Having regard to the proposal from the Commission,

Whereas:

(1) By derogation from Article 45(1) of Regulation (EC) No 1493/1999, Council Regulation (EC) No 1037/2001 [2] authorises the import into the Community of American wines which have undergone oenological processes not provided for in the Community rules. That authorisation expires on 31 December 2003 in respect of the oenological processes referred to in 1(b) of the Annex to Regulation (EC) No 1037/2001.

[2] OJ L 145, 31.5.2001, p. 12.

(2) Since the ongoing bilateral negotiations with the United States of America will not reach a conclusion before the end of the year, in order to avoid any trade disruptions provision should be made to continue to authorise the American oenological processes referred to in 1(b) of the Annex to Regulation (EC) No 1037/2001 until the entry into force of the agreement resulting from those negotiations, but until 31 December 2004 at the latest.

(3) Regulation (EC) No 1037/2001 should be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

In the second subparagraph of Article 1(1) of Regulation (EC) No 1037/2001, the date "31 December 2003" shall be replaced by "31 December 2004".

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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