Proposal for a Council Regulation authorising the offer and delivery for direct human consumption of certain wines imported from Australia which may have undergone oenological practices not provided for in Regulation (EC) No 1493/1999
Date: 2003-03-07
Institutions: European Commission
Subjects: Australia, common commercial policy, import (EU), vinification, wine

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 7.3.2003
COM(2003) 89 final

Proposal for a

COUNCIL REGULATION

authorising the offer and delivery for direct human consumption of certain wines
imported from Australia which may have undergone oenological practices
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 the Community rules may not, except by way of derogation to be decided by the Council,
be offered for human consumption in the Community. The derogation procedure is provided
for  in  Article  45(1)  of  Regulation  (EC)  No  1493/1999  on  the  common  organisation  of  the
market in wine.

The Wine Agreement concluded between the Community and Australia in 1994 foresees the
completion and  amendment of its provisions  on certain  outstanding  issues.  Negotiations  are
currently  underway  between  the  Community,  represented  by  the  Commission  and  Australia
on  these  outstanding  issues,  involving  in  particular  the  respective  oenological  practices  of
both  Parties.  Following  an  Australian  request,  and  with  a  view  on  the  smooth  progress  of
these negotiations, the use of treatment with oak chips and sawdust should be authorised for
wine  products  derived  from  grapes  harvested  and  vinified  on  Australian  territory.  This
oenological practice should, however, be authorised on a transitional basis until the entry into
force  of  the  agreement  resulting  from  these  negotiations,  but  not  later  than  31  December
2003.

2

Proposal for a

COUNCIL REGULATION

authorising the offer and delivery for direct human consumption of certain wines
imported from Australia which may have undergone oenological practices
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) 

(2) 

(3) 

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

The  Agreement  between  the  European  Community  and  Australia  on  trade  in  wine3,
provides  for  the  completion  and  amendment  of  its  provisions  on  certain  outstanding
issues. Negotiations are currently  underway between  the  Community, represented  by
the Commission and Australia on those outstanding issues which involve in particular
the  oenological  practices  of  both  Parties,  as  well  as  the  protection  of  certain  wine
denominations.

Until the resolution of those outstanding issues, it is appropriate to authorise the use of
treatment with oak chips and sawdust for wine products derived from grapes harvested
and  vinified  in  the  territory  of  Australia.  That  oenological  practice  should  only  be
authorised on a transitional basis until the entry into force of the Agreement resulting
from the current negotiations between the Community and Australia, but in any event
not later than 31 December 2003,

1

2

3

OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Regulation (EC) No 2585/2001 (OJ L 345,
29.12.2001, p. 10).
OJ C …, …, p. …
OJ  L  86,  31.3.1994,  p.  3.  Agreement  as  last  amended  by  Agreement  of  6  August  2002  (OJ  L  213,
9.8.2002, p. 44).

3

                                                
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  in  the  territory  of  Australia  which,  in
accordance  with  Australian  provisions,  may  have  been  treated  with  oak  chips  and
sawdust, uncharred and not treated, during manufacturing or storage.

However,  this  authorisation  shall  be  valid  only  until  the  entry  into  force  of  the
Agreement  resulting  from  the  negotiations  between  the  Community  and  Australia
with  a  view  to  concluding  amendments  to  the  Agreement  between  the  European
Community  and  Australia  on  trade  in  wine,  concerning  in  particular  the  matters
referred  to  in  Article 17(2)(c)  and  (f)  of  that  Agreement,  but  in  any  event  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  in  the  territory  of  Australia  in
accordance  with  the  provisions  in  force  in  that  country  on  the  grounds  that  it  may
have  been  treated  with  oak  chips  and  sawdust,  uncharred  and  not  treated,  during
manufacturing or storage.

This Regulation shall enter into force on the third day following that of its publication in the
Official Journal of the European Union.

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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FINANCIAL STATEMENT

1.

2.

3.

4.

BUDGET HEADING:
B1-16

APPROPRIATIONS:
EUR 1 381 Mio

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

LEGAL BASIS:
Article 133 of the Treaty.

AIMS:
Derogation allowing the treatment  with oak chips and  sawdust  for  wine  products  derived  from  grapes
harvested and vinified on Australian territory.

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

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

5.0.1 ESTIMATED EXPENDITURE
5.1.1 ESTIMATED REVENUE

5.2 METHOD OF CALCULATION:

-
-

-
-

-
-

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:

This derogation might have an incidence on the volume of wine products imported from Australia in 2003. This
might have an impact on expenditures as a consequence of a higher volume of wine on the Community market.
However, at this stage, it is difficult to estimate this financial impact.

5