Proposal for a Council Regulation amending Regulation (EC) No 1037/2001 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: 2003-12-12
Institutions: European Commission
Subjects: common commercial policy, food consumption, import, originating product, third country, wine

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 12.12.2003
COM(2003)791 final

Proposal for a

COUNCIL REGULATION

amending Regulation (EC) No 1037/2001 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

.

(presented by the Commission)

EN

  EN

EXPLANATORY MEMORANDUM

Wine originating in third countries which has undergone oenological processes not authorised
under Community rules may not be offered for direct human consumption in the Community
except by express derogation adopted by the Council. 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.

By derogation from 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 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  Regulation  (EC)  No 1037/2001  may  have  been  used  during  manufacturing  or  storage
operations, may be offered or delivered for direct human consumption in the Community.

With regard to the use of the oenological processes referred to in paragraph 1(b) of the Annex,
that authorisation was valid only until the entry into force of the agreement resulting from the
negotiations with the United States of America on trade in wine and concerning oenological
processes  and  the  protection  of  geographical  indications,  but  not  later  than  31 December
2003.

The  Commission  is  proposing  to  maintain  that  authorisation  until  the  conclusion  of  the
negotiations  under  way  between  the  Community  and  the  United  States  with  a  view  to
concluding an agreement on trade in wine, but not later than 31 December 2004.

This proposal has no financial impact on the Community budget.

2

 
Proposal for a

COUNCIL REGULATION

amending Regulation (EC) No 1037/2001 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,

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)

By  derogation  from  Article  45(1)  of  Regulation  (EC)  No 1493/1999,  Council
Regulation  (EC)  No 1037/20012  authorises  the  import  into  the  Community  of
American wines which have undergone oenological processes not provided for in the
Community rules. That  authorisation expires  on  31 December  2003  in  respect  of  the
oenological  processes  referred  to  in  1(b)  of  the  Annex  to  Regulation  (EC)
No 1037/2001.

Since  the  ongoing  bilateral  negotiations  with  the  United  States  of  America  will  not
reach a conclusion before the end of the year, in order to avoid any trade disruptions
provision should be made to continue to authorise the American oenological processes
referred to in 1(b) of the Annex to Regulation (EC) No 1037/2001 until the entry into
force of the agreement resulting from those negotiations, but until 31 December 2004
at the latest.

(3)

Regulation (EC) No 1037/2001 should be amended accordingly,

HAS ADOPTED THIS REGULATION:

In  the  second  subparagraph  of  Article  1(1)  of  Regulation  (EC)  No 1037/2001,  the  date
"31 December 2003" shall be replaced by "31 December 2004".

Article 1

1

2

OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Commission Regulation (EC) No 1795/2003
(OJ L 262, 14.10.2003, p. 13).
OJ L 145, 31.5.2001, p. 12.

3

 
                                                
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

BUDGET HEADING:
05 02 09

APPROPRIATIONS:
€ 1 381 million

TITLE OF THE MEASURE:
Council  Regulation  amending  Regulation  (EC)  No 1037/2001  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.

1.

2.

3.

4.

5.

5.0

5.1

LEGAL BASIS:
Article 133 of the Treaty

PURPOSE OF THE MEASURE:
To extend by one year the current arrangements

FINANCIAL IMPLICATIONS

CHARGED TO THE EC BUDGET

NATIONAL ADMINSTRATION
OTHER

EXPENDITURE
–
(REFUNDS/INTERVENTION)
–
–
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:

–

PERIOD OF
12 MONTHS

(EUR million)
p.m.

CURRENT
FINANCIAL
YEAR 2004
(EUR million)
p.m.

FOLLOWING
FINANCIAL
YEAR 2005
(EUR million)
p.m.

–

–

–

2006
–
–

2007
–
–

2008
–
–

2009
–
–

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

IS A SUPPLEMENTARY BUDGET NECESSARY?

6.3 WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY?

OBSERVATIONS:

YES / NO

YES / NO

YES / NO

YES / NO

This is a derogation allowing the United States to import wines into the Community.

It could have consequences for Community expenditure as a result of extra quantities of wine on the market.
However, those consequences cannot be measured.

5