Commission Regulation (EC) No 2079/2005 of  19 December 2005  amending Regulation (EC) No 883/2001, Council Regulation (EC) No 1037/2001 and Regulation (EC) No 2303/2003 regarding the prolongation of certain derogations relating to wine certification, labelling and oenological processes
Date: 2005-12-19
Institutions: European Commission
Subjects: United States, derogation from EU law, import, labelling, quality control of agricultural products, trade agreement (EU), vinification, wine

L 333/6

EN

Official Journal of the European Union

20.12.2005

COMMISSION REGULATION (EC) No 2079/2005

of 19 December 2005

amending Regulation (EC) No 883/2001, Council Regulation (EC) No 1037/2001 and Regulation (EC)
No 2303/2003 regarding the prolongation of certain derogations relating to wine certification,
labelling and oenological processes

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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 53 and Article 68(3)
thereof,

Having regard to Council Decision 2005/798/EC of 14
November 2005, concerning the conclusion of an Agreement
in the form of an exchange of letters between the European
Community and the United States of America on matters
related to trade in wine (2), and in particular Article 3 thereof,

Whereas:

(1)

(2)

(3)

In accordance with Article 24(2), Article 26 and Article
27(2) of Commission Regulation (EC) No 883/2001 of
24 April 2001 laying down detailed rules for imple-
menting Council Regulation (EC) No 1493/1999 as
regards trade with third countries in products in the
wine sector (3), the simplified procedure as regards the
requirements for drawing up and using the certificate
and analysis report
for imports of wines applies to
wines imported from the United States of America
until 31 December 2005.

(EC) No

of
Commission Regulation
29 December 2003 on specific labelling rules for wines
imported from the United States of America (4) provides
for certain temporary derogations as regards the labelling
of wines, which also expire on 31 December 2005.

2303/2003

1493/1999,

Notwithstanding Article 45(1) of Regulation (EC)
No
No
1037/2001 of 22 May 2001 authorising the offer and
delivery for direct human consumption of
certain
imported wines which may have undergone oenological

Regulation

Council

(EC)

(1) OJ L 179, 14.7.1999, p. 1. Regulation as

(EC) No 1795/2003 (OJ

last amended by
L 262,

Commission Regulation
14.10.2003, p. 13).

into

import

authorises

in Regulation (EC) No
processes not provided for
1493/1999 (5)
the
the
Community of wines originating in the United States
of America which have undergone certain oenological
processes not provided for in the Community rules.
That authorisation also expires on 31 December 2005
in respect of the oenological processes referred to in
point 1(b) of
the Annex to Regulation (EC) No
1037/2001.

(4)

(5)

(6)

(7)

and

(EC) No

1037/2001

Following negotiations,
an Agreement between the
European Community and the United States of America
on trade in wine has been initialled by the two Parties on
14 September 2005. Articles 4 and 9 of the Agreement
will continue to treat wines originating in the United
States in the same way as in Regulations (EC) No
883/2001,
(EC) No
2303/2003. However, in accordance with Article 17(2)
of that Agreement, Articles 4 and 9 will apply only from
the first day of the second month following receipt of the
written notice
the
referred to in Article 6(3) of
It was therefore necessary to negotiate a
Agreement.
separate Agreement
in the form of an exchange of
letters between the European Community and the
United States of America on matters related to trade in
wine (6) covering the period from 31 December 2005 to
the date of application of Articles 4 and 9 of
the
Agreement on trade in wine.

In order to avoid any disruption of trade, provisions to
implement the Agreement in the form of an exchange of
letters should be adopted and in particular the three
(EC) No
in Regulations
derogations provided for
(EC) No
883/2001,
and
2303/2003 should remain in force until
the date of
application of Articles 4 and 9 of the Agreement on
trade in wine but no later than three years from the
date of entry into force of the Agreement in the form
of an exchange of letters.

1037/2001

(EC) No

Regulations (EC) No 883/2001, (EC) No 1037/2001 and
(EC) No 2303/2003 should be amended accordingly.

The measures provided for in this Regulation are in
the Management
accordance with the opinion of
Committee for Wine,

(2) OJ L 301, 18.11.2005, p. 14.
(3) OJ L 128, 10.5.2001, p. 1. Regulation as last amended by Regu-

lation (EC) No 1747/2005 (OJ L 280, 25.10.2005, p. 9).

(4) OJ L 342, 30.12.2003, p. 5.

(5) OJ L 145, 31.5.2001, p. 12. Regulation as amended by Regulation

(EC) No 2324/2003 (OJ L 345, 31.12.2003, p. 24).

(6) OJ L 301, 18.11.2005, p. 16.

20.12.2005

EN

Official Journal of the European Union

L 333/7

HAS ADOPTED THIS REGULATION:

Article 1

In Article 27 of Regulation (EC) No 883/2001, paragraph 2 is
replaced by the following:

‘2.
Article 24(2) and Article 26 shall apply until the date
of application of Articles 4 and 9 of the Agreement between
the European Community and the United States of America
on trade in wine but no later than three years from the date
of entry into force of the Agreement in the form of an
exchange of letters between the European Community and
the United States of America on matters related to trade in
wine (*).
___________
(*) OJ L 301, 18.11.2005, p. 16.’

Article 2

Regulation (EC) No 1037/2001 is amended as follows:

1. The second subparagraph of Article 1(1) is replaced by the

following:

‘However, this authorisation shall be valid, as regards use of
the oenological processes listed in 1(b) of the Annex, only
until the date of application of Articles 4 and 9 of the
Agreement between the European Community and the
United States of America on trade in wine but no later
than three years from the date of entry into force of the
Agreement in the form of an exchange of letters between the

European Community and the United States of America on
matters related to trade in wine (*).
___________
(*) OJ L 301, 18.11.2005, p. 16.’

2. In point 1(b) of the Annex, the introductory words ‘until 31
December 2003 at the latest’ are replaced by the following:

‘until the date referred to in the second subparagraph of
Article 1(1) at the latest’.

Article 3

The second subparagraph of Article 2 of Regulation (EC) No
2303/2003 is replaced by the following:

from the date of entry into force of

‘It shall apply until the date of application of Articles 4 and 9
of the Agreement between the European Community and the
United States of America on trade in wine but no later than
three years
the
Agreement in the form of an exchange of letters between
the European Community and the United States of America
on matters related to trade in wine (*).
___________
(*) OJ L 301, 18.11.2005, p. 16.’

Article 4

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

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

Done at Brussels, 19 December 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission