Proposal for a Council Regulation 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
Date: 2001-03-13
Institutions: European Commission
Subjects: United States, import (EU), marketing standard, vinification, wine

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 13.03.2001
COM(2001) 138 final

Proposal for a

COUNCIL REGULATION

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

Wines originating in third countries which have undergone oenological processes not allowed
by Community rules may not, except by way of derogation to be decided by the Council, be
offered for direct human consumption in the Community. 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. Such a derogation is currently in force for wines originating in the
United States which have undergone oenological processes allowed in that country but
prohibited in the Community, pursuant to Council Regulation (EEC) No 1873/84 authorising
the offer or disposal for direct human consumption of certain imported wines which may have
undergone oenological processes not provided for in Regulation (EEC) No 337/79. For
certain oenological processes, this authorisation is only valid until 31 December 2003 at the
latest. However,
the above Regulation was repealed, along with a number of other
Regulations, by Article 81 of Regulation (EC) No 1493/1999 with effect from 1 August 2000.
Commission Regulation (EC) No 1608/2000, which lays down transitional measures pending
the definitive measures implementing Regulation (EC) No 1493/1999, allows the temporary
continuation in force of certain provisions of Regulation (EEC) No 1873/84 until the adoption
of this Regulation, but not later than 31 December 2003.

Negotiations involving in particular the respective oenological processes of both parties are
currently underway between the Community, represented by the Commission, and the United
States of America on an agreement on trade in wine. The Agriculture Council meeting on
23 October 2000 took note of the Commission’s report on the negotiations as provided for in
the Regulation and confirmed its wish to make headway. With a view to ensuring the smooth
progress of these negotiations, the status quo should be maintained and the United States
oenological processes referred to in the Annex to Regulation (EEC) No 1873/84 should still
be authorised on a transitional basis until the entry into force of the agreement resulting from
those negotiations, but not later than 31 December 2003, as agreed by the Council in the
previous Regulation. The Council should therefore decide to maintain this derogation
following the procedure laid down in Article 133 of the Treaty, in accordance with Regulation
(EC) No 1493/1999.

The Commission proposes that the status quo be maintained until the close of the negotiations
currently underway between the Community and the United States to conclude an agreement
on trade in wine, but not beyond 31 December 2003 at the latest. The proposal presented to
the Council adopts the terms of Article 1 and of the Annex to the repealed Regulation (EEC)
No 1873/84 without any modification.

This proposal has no financial implications for the Community budget.

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Proposal for a

COUNCIL REGULATION

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 wine1, and in particular Article 45(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

Article 45(2) of Regulation (EC) No 1493/1999, which replaced Regulation (EEC)
No 822/872, as last amended by Regulation (EC) No 1677/19993, with effect from
1 August 2000, lays down that the derogations referred to in paragraph 1 for imported
products are to be adopted in accordance with the procedure laid down in Article 133
of the Treaty.

Article 68(1) of Regulation (EC) No 1493/1999 lays down that the products referred to
in Article 1(2)(a) and (b) of that Regulation may be imported only if they are
accompanied by a certificate attesting that they comply with the provisions governing
production, marketing and, where appropriate, delivery for direct human consumption
in the third countries in which they originate.

Council Regulation (EEC) No 1873/84 authorising the offer or disposal for direct
human consumption of certain imported wines which may have undergone oenological
processes not provided for in Regulation (EEC) No 337/794, as last amended by
Regulation (EC) No 2839/985, provides for a derogation authorising the import into
the Community of United States wines which have undergone certain oenological
processes not provided for by Community rules. For certain oenological processes,
this authorisation is only valid until 31 December 2003 at the latest.

(4)

Article 81 of Regulation (EC) No 1493/1999 repealed, with effect from 1 August
2000, a number of Council Regulations including Regulation (EEC) No 1873/84.
Commission Regulation (EC) No 1608/2000 laying down transitional measures

1

2

3

4

5

OJ L 179, 14.7.1999, p. 1.
OJ L 84, 27.3.1987, p. 1.
OJ L 199, 30.7.1999, p. 8.
OJ L 176, 3.7.1984, p. 6.
OJ L 354, 30.12.1998, p. 12.

3

pending the definitive measures implementing Regulation (EC) No 1493/19996, as last
amended by Regulation (EC) No ..../20017, provides that certain provisions 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 on an agreement on trade in wine. These involve in
particular the respective oenological processes of both parties. At
its meeting on
23 October 2000 the Agriculture Council took note of the Commission’s report on the
negotiations provided for in the second subparagraph of Article 1(1) of Regulation
(EEC) No 1873/84 and confirmed its wish to make headway in the negotiations and to
set out the approach to be followed in them.

(6) With a view to ensuring the smooth progress of these negotiations, the provisions of
Regulation (EEC) No 1873/84 should be extended and the United States oenological
processes referred to in 1(b) of the Annex to Regulation (EEC) No 1873/84 should be
authorised on a transitional basis until the entry into force of the agreement resulting
from the negotiations, but not later than 31 December 2003, as agreed by the Council
in Regulation (EC) No 2839/98.

(7)

In view of developments in the regulatory framework and in oenological processes,
technical aspects of the Annex should be updated to make it consistent with the current
rules in force in this area,

HAS ADOPTED THIS REGULATION:

Article 1

1.

2.

Notwithstanding Article 45(1) of Regulation (EEC) No 1493/1999,
it shall be
permitted to offer or deliver for direct human consumption in the Community
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 this Regulation may have
been used during manufacturing or storage operations.

However, this authorisation shall only be valid, as regards use of the oenological
processes listed in 1(b) of the Annex, until the entry into force of the agreement
resulting from the negotiations with the United States on an agreement on trade in
wine, but not later than 31 December 2003.

Member States may not prohibit the offer or delivery for direct human consumption
of wine derived from grapes harvested and vinified on the territory of the United
States of America in accordance with the provisions in force in that country on the
grounds that one or more of the oenological processes listed in 2(a) and (b) of the
Annex may have been used.

6

7

OJ L 185, 25.7.2000, p. 24.
OJ L ...., .....2001, p. ...

4

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.

This Regulation shall enter into force on the day of its publication in the Official Journal of
the European Communities.

Article 2

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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ANNEX

1.

Oenological processes permitted

(a) without any time limit:

–

–

–

–

catalase derived from Aspergillus niger,

glucose oxydase derived from Aspergillus niger,

ferrous sulphate,

soya flour;

(b)

until 31 December 2003 at the latest:

–

–

–

–

–

–

–

dimethylpolysiloxane,

polyoxyethylene-40-monostearate,

sorbitan monostearate,

fumaric acid,

ion-exchange resins,

lactic acid,

malic acid.

2.

Oenological processes which are identical
permitted in the Community

to, or comparable with,

those

(a)

oenological processes which are identical:

–

–

–

–

–

–

–

–

–

–

–

–

–

–

–

acacia (gum arabic),

activated carbon,

animal albumen (including ovalbumin powder and ovalbumin solution),

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 Aspergillus niger,

edible gelatin,

6

–

–

–

–

–

–

–

–

–

–

–

–

–

–

–

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 processes which are comparable:

–

–

–

–

–

–

–

–

–

–

–

–

agar agar,

ammonium carbonate,

ammonium phosphate (monobasic),

granular cork,

milk powder,

oak chips and sawdust, uncharred and not treated,

potassium carbonate,

carageenan,

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.

7

FINANCIAL STATEMENT

1.

2.

3.

4.

BUDGET HEADING:
16

APPROPRIATIONS:
EUR 1 153 million

TITLE:
Proposal for a Council Regulation 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.

LEGAL BASIS:
Article 133 of the Treaty

AIMS:
To extend the status quo until the entry into force of the agreement with the United States on trade in
wine, but not later than 31 December 2003.

5.

FINANCIAL IMPLICATIONS

5.0

5.1

CHARGED TO THE EC BUDGET

NATIONAL AUTHORITIES
OTHER

EXPENDITURE
-
(REFUNDS/INTERVENTIONS)
-
-
REVENUE
-
(LEVIES/CUSTOMS DUTIES)
NATIONAL
-

OWN RESOURCES OF THE EC

5.0.1 ESTIMATED EXPENDITURE
5.1.1 ESTIMATED REVENUE

5.2 METHOD OF CALCULATION:

12 MONTH
PERIOD

(EUR million)
-

CURRENT
FINANCIAL
YEAR
2001
(EUR million)
-

FOLLOWING
FINANCIAL
YEAR
2002
(EUR million)
-

-

-

-

2003
-
-

2004
-
-

2005
-
-

2006
-
-

6.0

6.1

CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE
RELEVANT CHAPTER OF THE CURRENT BUDGET?

CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF
THE CURRENT BUDGET?

6.2 WILL A SUPPLEMENTARY BUDGET BE NECESSARY?

6.3 WILL APPROPRIATIONS NEED TO BE ENTERED IN FUTURE BUDGETS?

-

-

-

-

OBSERVATIONS:

Existing arrangements are being extended without any modification.

8