Council Regulation (EC) No 527/2003 of 17 March 2003 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: 2003-03-17
Institutions: Council of the European Union
Subjects: Argentina, acid, derogation from EU law, human nutrition, import (EU), import licence, vinification, wine

25.3.2003

EN

Official Journal of the European Union

L 78/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 527/2003

of 17 March 2003

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,

HAS ADOPTED THIS REGULATION:

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)

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)

are
represented by the Commission,

currently underway between the
Negotiations
Community,
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 in the territory of Argentina and
imported into the Community should be authorised on a
transitional basis until the entry into force of the Agree-
ment resulting from the above negotiations, but not later
than 30 September 2003.

(5)

Since Argentine wine containing malic acid is already
present on Community territory, the application of the
derogation to these wines should be extended,

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

tion (EC) No 2585/2001 (OJ L 345, 29.12.2001, p. 10).

Article 1

By way of derogation from Article 45(1) of Regulation
1.
falling within CN codes
(EC) No 1493/1999, products
2204 10, 2204 21, 2204 29 and 2204 30 10 and derived from
grapes harvested and vinified in 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 involving in
particular oenological practices and the protection of geogra-
phical indications, and not later than 30 September 2003.

This authorisation shall also cover Argentine wines referred to
in this paragraph imported into the Community as from 1
January 2001.

2. 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 Argentina in accor-
dance with the provisions in force in that country on the
grounds that malic acid may have been added to it.

Article 2

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

L 78/2

EN

Official Journal of the European Union

25.3.2003

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

Done at Brussels, 17 March 2003.

For the Council

The President

G. DRYS