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 via publications and organisation of events and symposiums, (ii) to assist other international organisations involved in standardisation activities and (iii) to contribute to international harmonisation of existing practices and standards. Currently 45 States are members of the OIV, among which 21 are Member States of the Union. The EU is currently 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, OJ L 347, p. 671), certain resolutions adopted and published by the OIV affect EU law. The CMO Regulation provides for references to the OIV resolutions in the following provisions:

- 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);

- 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, OJ L 193 p. 1);

- 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); and

- 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).

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 (OJ L 333, p. 20) certain resolutions adopted and published by the OIV affect EU law. Article 3 of Regulation 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.

On the basis of discussions held within the groups of experts meeting to prepare the General Assembly of the OIV, it can be expected that the following Resolutions, producing legal effect within the EU acquis, will be on the agenda of the General Assembly for adoption:

- The draft Resolution OENO-TECHNO 12-504 establish a new oenological practice. In accordance with Articles 80(3)(a) and 90(2) of Regulation (EU) No 1308/2013, this Resolution will affect the acquis.

- The draft Resolution OENO-SCMA 03-262 establishes the purity and identification specifications of a substance used in an oenological practice. This oenological practices has been published and recommended by the OIV on condition that the specifications of the substance used is 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, this Resolution will affect the acquis.

- The draft Resolutions OENO-SCMA 10-457, 10-458, 11-480 and 12-512 establish methods of analysis. In accordance Article 80(3)(a) and (5) of Regulation (EU) No 1308/2013, these resolutions will affect the acquis.

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 standard 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 affecting the acquis 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 and/or amend the present proposal to enable the Council to adopt the position to be taken also for these Resolutions.

2014/0245 (NLE)

Proposal for a

COUNCIL DECISION

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)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43, in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) 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 via publications and organisation of events and symposiums, (ii) to assist other international organisations involved in standardisation activities and (iii) to contribute to international harmonisation of existing practices and standards. Currently 45 States are members of the OIV, among which 21 are Member States of the Union. The EU is currently not a member of the OIV.

(2) At EU level, pursuant to Regulation (EU) No 1308/2013 of the European Parliament and of the Council[1], certain resolutions adopted and published by the OIV affect EU law. The CMO Regulation provides for references to the OIV resolutions in the following provisions:

- 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);

- 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[2];

- 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); and

- 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).

(3) The next meeting of the General Assembly of the OIV will take place on 14 November 2014. On that occasion, the General Assembly will examine and possibly adopt Resolutions which will produce the legal effects referred to.

(4) It is therefore necessary to adopt, before that meeting of the General Assembly of the OIV, the positions that the Member States which are members of the OIV, acting jointly in the interest of the EU, should take in the General Assembly of the OIV with regard to these Resolutions.

(5) The draft Resolution OENO-TECHNO 12-504 establishes a new oenological practice. In accordance with Article 80(3)(a) and 90(2) of Regulation (EU) No 1308/2013, this Resolution will affect the acquis.

(6) The draft Resolution OENO-SCMA 03-262 establishes the purity and identification specifications of a substance used in an oenological practice. This oenological practice has been published and recommended by the OIV on 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, this Resolution will affect the acquis.

(7) The draft Resolutions OENO-SCMA 10-457, 10-458, 11-480 and 12-512 establish methods of analysis. In accordance Article 80(3)(a) and (5) of Regulation (EU) No 1308/2013, these resolutions will affect the acquis.

(8) 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 standard and they will set a framework which will ensure fair competition in the trading of wine sector products. They should therefore be supported.

(9) In order to allow for the necessary flexibility during the negotiations ahead of the meeting of the General Assembly of the OIV, Member States which are members of the OIV should be authorised to agree to changes to these resolutions provided that such changes do not alter the substance thereof,

HAS ADOPTED THIS DECISION:

Article 1

The position of the Union at the General Assembly of the OIV in 2014 shall be in accordance with the Annex to this Decision and shall be expressed by the Member States which are Members of the OIV, acting jointly in the interest of the Union.

Article 2

1. Where the position referred to in Article 1 is likely to be affected by new scientific or technical information presented before or during the meetings of the OIV, Member States which are Members of the OIV shall request that the voting in the OIV General Assembly be postponed until the position of the Union is established on the basis of the new elements.

2. Following coordination, in particular on the spot, and without further decision of the Council establishing the position of the Union, the Member Statres which are Members of the OIV, acting jointly in the interest of the Union, may agree to changes to the draft resolutions referred to in the Annex to this Decision which do not alter the substance thereof.

Article 3

This Decision is addressed to the Member States.

Done at Brussels,

For the Council

The President

[1] 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, OJ L 347, p. 671).

[2] 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 (OJ L 193 p. 1).

ANNEX

The Member States acting jointly in the interest of the Union shall support only, and subject to any future review on the basis of new developments, the following draft resolutions at step 7 on methods of analysis for determining the composition of the products of the wine sector, on purity and identification specifications of substances used in oenological practices and on oenological practices:

OENO-TECHNO 12-504, treatment of wines using a membrane technology coupled with activated carbon to reduce excess 4-ethylphenol and 4-ethylguaiacol,

OENO-SCMA 03-262, PVI/PVP adsorbent copolymers – CODEX.

OENO-SCMA 10-457, method of determination of biogenic amines in wine by high performance liquid chromatography with photodiode array detection,

OENO-SCMA 10-458, determination of lysozyme in wine using high performance liquid chromatography,

OENO-SCMA 11-480, determination of methanol in wine using gas chromatography,

OENO-SCMA 12-512, determination of the carbon isotope ratio 13C/12C of CO2 in sparkling wines: method using isotope ratio mass spectrometry (IRMS) – modification.