Proposal for a Council Regulation authorising the offer and delivery for direct human consumption of certain wines imported from Argentina which may have undergone oenological processes not provided for in Regulation (EC) No 1493/1999
Date: 2002-12-18
Institutions: European Commission
Subjects: Argentina, import (EU), market approval, vinification, wine

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 18.12.2002
COM(2002) 741 final

Proposal for a

COUNCIL REGULATION

authorising the offer and delivery for direct human consumption of certain wines
imported from Argentina 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  specific  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 Council Regulation (EC) No 1493/1999 on the
common organisation of the market in wine. Wines originating in Argentina may have malic
acid  added  to  control  their  acidity,  an  oenological  process  permitted  by  Argentina  but
prohibited in the European Union.

Negotiations  on  the  respective  oenological  processes  of  the  two  parties  are  currently
underway  between  the  Community,  represented  by  the  Commission,  and  the  Argentine
Republic with a view to concluding an agreement on trade in wine. With a view to ensuring
the smooth progress of these negotiations, certain Argentine oenological processes should be
authorised on a transitional basis until the entry into force of the agreement resulting from the
above negotiations, but not later than 30 September 2003.

The Commission proposes that the presence of malic acid in wines originating in Argentina
be authorised until the close of the negotiations currently underway between the Community
and  the  Argentine  Republic  to  conclude  an  agreement  on  trade  in  wine,  but  not  later  than
30 September 2003.

2

Proposal for a

COUNCIL REGULATION

authorising the offer and delivery for direct human consumption of certain wines
imported from Argentina 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 Commission2,

Whereas:

(1) 

Article  45(1)  of  Regulation  (EC)  No  1493/1999  offers  the  possibility  of  adopting
derogations  for  imported  products  which  have  undergone  oenological  practices  not
authorised by Community rules.

(2)  Wines  produced  on  the  territory  of  Argentina  may  be  subject  to  acidification  with

malic acid, an oenological practice not authorised by Community rules.

(3) 

Negotiations  are  currently  underway  between  the  Community,  represented  by  the
Commission,  and  Argentina  on  an  agreement  on  trade  in  wine.  These  involve  in
particular the respective oenological processes of the two parties and the protection of
geographical indications.

(4)  With  a  view  to  ensuring  the  smooth  progress  of  these  negotiations,  a  derogation
allowing the addition of malic acid to wines produced on the territory of Argentina and
imported  into  the  Community  should  be  authorised  on  a  transitional  basis  until  the
entry into force of the agreement resulting  from the above negotiations,  but  not later
than 30 September 2003,

1

2

OJ  L  179,  14.7.1999,  p.  1.  Regulation  last  amended  by  Regulation  (EC)  No 2585/2001  (OJ L 345,
29.12.2001, p. 10).
OJ C …, …, p. …

3

                                                
HAS ADOPTED THIS REGULATION:

Article 1

1. 

2. 

Notwithstanding  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  Argentina  to  which  malic  acid  may  have
been  added  during  manufacturing  operations  in  accordance  with  Argentine
provisions  may  be  offered  or  delivered  for  direct  human  consumption  in  the
Community.

However,  this  authorisation  shall  only  be  valid  until  the  entry  into  force  of  the
agreement resulting from the negotiations with Argentina on an agreement on trade
in wine, and not later than 30 September 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  Argentina in
accordance with the provisions in force in that country on the grounds that malic acid
may have been added to it.

This Regulation shall enter into force on the third day following 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

4

1.

2.

3.

4.

5.

5.0

5.1

FINANCIAL STATEMENT

BUDGET HEADING:
B1-16

APPROPRIATIONS:
(PDB 2003)
EUR 1 381 million

TITLE:
Proposal for a Council Regulation authorising the offer and delivery for direct human consumption of
certain wines imported from Argentina which may have undergone oenological processes not provided
for in Regulation (EC) No 1493/1999

LEGAL BASIS:
Article 133 of the Treaty

AIMS:
To grant a derogation for the import of Argentine wines until 30 September 2003.

FINANCIAL IMPLICATIONS

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)
p.m.

CURRENT
FINANCIAL
YEAR 2003
(EUR million)
p.m.

FOLLOWING
FINANCIAL
YEAR 2004
(EUR million)
-

-

-

-

2005
-
-

2006
-
-

2007
-
-

2008
-
-

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?

YES / NO

YES / NO

YES / NO

6.3 WILL APPROPRIATIONS NEED TO BE ENTERED IN FUTURE BUDGETS?

YES / NO

OBSERVATIONS:

The derogation allows Argentina to import wine into the Community. This measure could have an impact on
Community expenditure, as a result of the additional quantities of wine on the market. However, this impact
cannot be measured.

5