Proposal for a Council Regulation amending Regulation (EC) No 527/2003 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: 2005-09-20
Institutions: European Commission
Subjects: Argentina, Mercosur, derogation from EU law, import (EU), international negotiations, originating product, vinification, wine

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 20.09.2005 
COM(2005) 437 final 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 527/2003 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 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

Wines originating in third countries which have undergone oenological processes not allowed 
by Community rules may not, except by way of 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 Regulation (EC) No 1493/1999 on the common organisation 
of the market in wine. Malic acid may be added to wine originating in Argentina to correct 
acidity,  and  while  this  oenological  process  is  permitted  in  Argentina,  it  is  prohibited  in  the 
European Union. 

Negotiations  concerning,  in  particular,  the  mutual  recognition  of  the  respective  oenological 
practices  and  processes  of  both  parties  are  being  conducted  between  the  Community, 
represented by the Commission, and Mercosur, which includes the Republic of Argentina, in 
the  context  of  overall  negotiations  for  an  agreement  on  trade  in  wines.  These  negotiations 
started  in  2002  and  are  still  ongoing.  To  demonstrate  the  Commission's  positive  and 
constructive approach to these negotiations and in order to avoid any possible difficulties on 
trade, the provisional authorisation of this oenological process, which is important for certain 
Argentinean  wines,  should  be  extended  until  the  entry  into  force  of  the  agreement  resulting 
from  the  negotiations,  and  no  later  than  31  December  2006.  The  agreement  should, 
specifically, provide for Argentina to be able to use this process permanently. 

The Commission is proposing to authorise the presence of malic acid in wine imported from 
Argentina  into  the  Community,  until  the  end  of  the  ongoing  negotiations  between  the 
Community and Mercosur (including the Republic of Argentina), with a view to concluding, 
if possible, an agreement on trade in wines.  

EN 

2 

   EN 

 
Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 527/2003 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, 

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,2 

Whereas: 

(1) 

(2) 

(3) 

By way of derogation from Article 45(1) of Regulation (EC) No 1493/1999, Council 
Regulation  (EC)  No  527/20033  authorises  imports  into  the  Community  of  wine 
produced in Argentina which has undergone oenological processes not provided for in 
the Community rules. That authorisation is due to expire on 30 September 2005. 

Negotiations  are  still  ongoing  between 
the 
Commission,  and  Mercosur,  which  includes  Argentina,  on  an  agreement  on  trade  in 
wines.  These  negotiations  concern,  in  particular,  the  respective  oenological  practices 
and processes used by both parties and the protection of geographical indications. 

the  Community,  represented  by 

In  order  to  facilitate  the  progress  of  the  negotiations,  the  derogation  allowing  malic 
acid  to  be  added  to  wine  produced  in  Argentina  and  imported  into  the  Community 
should  be  extended  until  the  entry  into  force  of  the  agreement  resulting  from  the 
negotiations, and no later than 31 December 2006. 

(4) 

Regulation (EC) No 527/2003 should therefore be amended accordingly 

1 

2 
3 

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 C […] […], p. […] 
OJ  L  78,  25.3.2003,  p.  1.  Regulation  as  last  amended  by  Regulation  (EC)  No 2067/2004  (OJ L 358, 
3.12.2004, p. 1). 

EN 

3 

   EN 

 
                                                 
HAS ADOPTED THIS REGULATION: 

Article 1 

In the second subparagraph of Article 1(1) of Regulation (EC) No 527/2003, "30 September 
2005" is hereby replaced by "31 December 2006". 

Article2 

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

It shall apply from 1 October 2005. 

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

Done at Brussels,  

For the Council 
The President 

EN 

4 

   EN