Council Regulation (EC) No 1037/2001 of 22 May 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
Date: 2001-05-22
Institutions: Council of the European Union
Subjects: United States, import (EU), marketing standard, originating product, product quality, vinification, wine

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COUNCIL REGULATION (EC) No 1037/2001

of 22 May 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,

(5)

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,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

(4)

Article 45(2) of Regulation (EC) No 1493/1999, which
replaced Regulation (EEC) No 822/87 (2), 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 to the effect
they
comply with the provisions governing production,
marketing and, where appropriate, delivery for direct
human consumption in the third countries in which
they originate.

that

Regulation (EEC) No 1873/84 (3) provides for a deroga-
into the Community of
tion authorising the import
United States wines which have undergone certain oeno-
logical processes not provided for by Community rules.
For certain oenological processes, this authorisation is
only valid until 31 December 2003 at the latest.

Article 81 of Regulation (EC) No 1493/1999 repealed,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.
However, Commission Regulation (EC) No 1608/2000
of 24 July 2000 laying down transitional measures
pending the definitive measures implementing Regula-
tion (EC) No 1493/1999 on the common organisation
of the market in wine (4) 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.

(1) OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Regula-

tion (EC) No 2826/2000 (OJ L 328, 23.12.2000, p. 2.).

(2) OJ L 84, 27.3.1987, p. 1.
(3) OJ L 176, 3.7.1984, p. 6. Regulation as last amended by Regulation

(EC) No 2839/1998 (OJ L 354, 30.12.1998, p. 12).

(4) OJ L 185, 25.7.2000, p. 24. Regulation as last amended by Regula-

tion (EC) No 491/2001 (OJ L 71, 13.3.2001, p. 3).

are

Negotiations
currently underway between the
Community, represented by the Commission, and the
United States of America with a view to concluding an
agreement on trade in wine. These involve in particular
the respective oenological processes of both parties, as
well as the protection of geographical indications. At its
meeting on 23 October 2000, the Agriculture Council
took note of the Commission's report on the nego-
tiations 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 continue to 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, amending
Regulation (EEC) No 1873/84.

(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

Notwithstanding Article 45(1) of Regulation (EEC) No
1.
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 opera-
tions.

However, this authorisation shall be valid, as regards use of the
oenological processes listed in 1(b) of the Annex, only until the
entry into force of the agreement resulting from the nego-

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tiations with the United States of America with a view to
concluding an agreement on trade in wine concerning,
in
and the protection of
particular, oenological processes
geographical
later than 31 December
indications, but not
2003.

2. 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.

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.

Article 2

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 22 May 2001.

For the Council

The President

M. WINBERG

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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 to, or comparable with, those permitted in the Community

(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,

— gelatin slurry,

— isinglass,

— nitrogen,

— potassium bitartrate,

— potassium caseinate,

— potassium disulphite,

— potassium sorbate,

— silica gel (colloidal silicon dioxide — 30 %),

— sorbic acid,

— tannin,

— tartaric acid,

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— 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.