establishing the position to be adopted on behalf of the European Union with regard to certain resolutions to be voted in the framework of the International Organisation for Vine and Wine (OIV)

EXPLANATORY MEMORANDUM

CONTEXT OF THE PROPOSAL

The International Organisation of Vine and Wine (OIV) is an intergovernmental scientific and technical organisation active in the sector of vine, wine, wine-based drinks, table grapes, raisins and other vine products. The objectives of the OIV are (i) to inform of measures whereby the concerns of producers, consumers and other players in the vine and wine products sector may be taken into consideration, (ii) to assist other international organisations involved in standardisation activities and (iii) to contribute to international harmonisation of existing practices and standards. Currently 46 States are members of the OIV, among which 20 are Member States of the Union. The EU is not a member of the OIV.

At EU level, pursuant to 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 (CMO Regulation), certain resolutions adopted and published by the OIV affect EU law. The CMO Regulation provides for references to the OIV in the following provisions:

-oenological practices adopted and published by the OIV that the Commission must take into account when it authorises such practices (Article 80(3)(a) of CMO Regulation);

- the same oenological practices where used, prior to their authorisation according to Article 80(3) of CMO Regulation, for the production of wines in third countries (Article 90(2) of CMO Regulation);

-certain purity and identification specifications of substances used in oenological practices so that the rules adopted and published by the OIV become ipso facto binding on this matter within the EU (Article 9 of Commission Regulation (EC) No 606/2009 of 10 July 2009 laying down certain detailed rules for implementing Council Regulation (EC) No 479/2008 as regards the categories of grapevine products, oenological practices and the applicable restrictions);

-certain methods of analysis for determining the composition of the products of the wine sector adopted and published by the OIV upon which the Commission must base itself unless they would be ineffective or inappropriate in view of the objective pursued by the Union (Article 80(5) of CMO Regulation).

Similarly, pursuant to the Commission Regulation (EC) No 2870/2000 of 19 December 2000 laying down Community reference methods for the analysis of spirits drinks, certain resolutions adopted and published by the OIV affect EU law. Article 3 of Regulation (EC) No 2870/2000 provides for reference to OIV resolutions where Community analytical reference methods are not laid down for the detection and quantification of substances contained in a particular spirit drink.

Finally, Article 4 of Regulation (EU) No 251/2014 of the European Parliament and of the Council of 26 February 2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products also provides for references to the OIV. Pursuant to this provision, in order to establish authorised production processes the Commission must take into account the production processes recommended and published by the OIV and must adopt methods of analysis based on any relevant methods recommended and published by the OIV, unless they would be ineffective or inappropriate in view of the objective pursued.

On the basis of discussions held within the group of experts meeting to prepare the General Assembly of the OIV, it can be expected that the following resolutions, producing legal effect on Union law, will be on the agenda of the General Assembly for adoption:

–Draft Resolutions OENO-TECHNO 13-532 and OENO-TECHNO 13-533, 15-580, 15-582, 15-583, 14-567B and the draft Resolutions OENO-MICRO 15-576A and 15-576B establish new oenological practices. In accordance with Articles 80(3)(a) and 90(2) of Regulation (EU) No 1308/2013, these Resolutions will have legal effect on Union law.

–Draft Resolutions OENO-SPECIF 15-571, 15-572, 15-574, 15-578 and 16-605 establish the purity and identification specifications of substances used in oenological practices. These oenological practices have been published and recommended by the OIV on the condition that the specifications of the substance used are adopted (OIV International Code of Oenological practices, § 2.1.20 and § 3.4.14). In accordance with Articles 80(3)(a) and 90(2) of Regulation (EU) No 1308/2013, and with Article 9 of Commission Regulation (EC) No 606/2009, these Resolutions will have legal effect on Union law.

–Draft Resolutions OENO-SCMA 11-479, 13-529, 15-587, 15-588, 15-589, 15-590 establish methods of analysis. In accordance with Article 80(3)(a) and (5) of Regulation (EU) No 1308/2013, these resolutions will have legal effect on Union law.

The above mentioned resolutions have been extensively discussed between scientific and technical experts of the wine sector. They contribute to the international harmonisation of the wine standards and they will set a framework which will ensure fair competition in the trading of wine sector products. They should therefore be supported.

As in the past, it can be expected that the agenda of the meeting of the General Assembly of the OIV will still evolve and that further resolutions producing legal effects on Union law will be added to the agenda. In order to ensure efficiency of the work of the General Assembly while respecting the rules of the Treaties, the Commission will in due time supplement or amend the present proposal to enable the Council to adopt the position to be taken also for these Resolutions.

2017/0094 (NLE)

Proposal for a