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: 2007-03-09
Institutions: European Commission
Subjects: Argentina, common commercial policy, import (EU), vinification, wine

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 9.03.2007 
COM(2007) 92 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) 

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EXPLANATORY MEMORANDUM 

Wines originating in third countries which have undergone oenological practices 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. However, malic acid may be added to wine originating in Argentina to 
correct acidity, and while this oenological practice is permitted in Argentina and approved by 
the  International  Organisation  of  Vine  and  Wine  (OIV),  it  is  prohibited  in  the  European 
Union. 

Negotiations  concerning,  in  particular,  the  mutual  recognition  of  the  respective  oenological 
practices  of  both  parties  are  being  conducted  between  the  Community,  represented  by  the 
Commission,  and  Mercosur,  of  which  Argentina  is  a  member,  in  the  context  of  overall 
negotiations  for an  agreement on trade in wines. These negotiations started in 2002 and are 
still ongoing. The agreement should, specifically, provide for Argentina to be able to use this 
practice  permanently.  To  demonstrate  the  Commission’s  positive  and  constructive  approach 
to these negotiations and in order to avoid any possible disturbances to trade, the provisional 
authorisation  of  this  oenological  practice,  which  is  important  for  certain  Argentinian  wines, 
should be extended until the entry into force of the agreement resulting from the negotiations, 
and no later than 31 December 2008.  

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 (of which Argentina  is  a  member),  with  a  view  to  concluding,  if 
possible, an agreement on trade in wines. 

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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, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

By way of derogation from Article 45(1) of Regulation (EC) No 1493/1999, Council 
Regulation  (EC)  No 527/20032  authorises  imports  into  the  Community  of  wine 
produced in Argentina which has undergone oenological processes not authorised by 
Community rules, in particular the addition of malic acid. That authorisation expired 
on 31 December 2006. 

The  use  of  malic  acid  is  an  oenological  practice  approved  by  the  International 
Organisation of Vine and Wine (OIV). 

Negotiations are currently underway between the Community and Mercosur, of which 
Argentina is a member, on an agreement on trade in wine. These negotiations concern, 
in  particular,  the  respective  oenological  practices  used  by  both  parties  and  the 
protection of geographical indications. 

Pending the entry into force of an Agreement between the European Community and 
Mercosur  on  trade  in  wine  mutually  recognising  the  oenological  practices  of  each 
Party  and  thus  facilitating  the  import  into  the  Community  of  wines  originating  in 
Argentina to which malic acid may have been added, the authorisation of this process 
for Argentinian wines should be extended until the date of that entry into force, but not 
later than 31 December 2008. 

(5) 

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

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2 

OJ  L  179,  14.7.1999,  p. 1.  Regulation  as  last  amended  by  Regulation  (EC)  No 2165/2005  (OJ L 345, 
28.12.2005, p. 1). 
OJ  L  78,  25.3.2003,  p. 1.  Regulation  as  last  amended  by  Regulation  (EC)  No 1912/2005  (OJ L 307, 
25.11.2005, p. 1). 

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HAS ADOPTED THIS REGULATION: 

Article 1 

In  the  second  subparagraph  of  Article  1(1)  of  Regulation  (EC)  No 527/2003,  the  date 
“31 December 2006” is hereby replaced by “31 December 2008”. 

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

Article 2 

It shall apply from 1 January 2007. 

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: 
05 02 09 
Chapter 10 – Agricultural duties 

APPROPRIATIONS: 
LR 2007: EUR 1 487 million 
2007 PDB: EUR 1 486.9 million 

TITLE: 
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. 

LEGAL BASIS: 
Article 45(2) of Council Regulation (EC) No 1493/1999 

OBJECTIVES: 
To extend the derogation for Argentinian wines until 31 December 2008. 

5. 

FINANCIAL IMPLICATIONS 

5.0 

EXPENDITURE CHARGED TO 
– 
THE EC BUDGET 
(REFUNDS/INTERVENTIONS) 
– 
– 

NATIONAL AUTHORITIES 
OTHER 

5.1  REVENUE 

OWN RESOURCES OF THE EC 

– 
(LEVIES/CUSTOMS DUTIES) 
– 

NATIONAL 

5.0.1  ESTIMATED EXPENDITURE 
5.1.1  ESTIMATED REVENUE 

5.2  METHOD OF CALCULATION: 

– 

12 MONTH 
PERIOD 

(EUR million) 

CURRENT 
FINANCIAL 
YEAR 2007 
(EUR million) 

FOLLOWING 
FINANCIAL 
YEAR 2008 
(EUR million) 

p.m. 

p.m. 

p.m. 

– 

– 

– 

2009 

2010 

2011 

2012 

– 
– 

– 
– 

– 
– 

– 
– 

6.0  CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN 

THE RELEVANT CHAPTER OF THE CURRENT BUDGET? 

6.1  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? 

YES NO 

YES NO 

YES NO 

YES NO 

OBSERVATIONS: 
The measure extends the derogation allowing Argentina to export wine to the Community. It could have an 
impact on Community expenditure as a result of the additional quantities of wine on the market. However, 
this impact cannot be measured. 
On account of a lack of data, it is not possible to express the revenue in figures.  

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