Proposal for a COUNCIL DECISION establishing the position to be adopted on behalf of the European Union with regard to certain resolutions to be voted in the framework of the International Organisation for Vine and Wine (OIV)
Date: 2013-04-25
Institutions: European Commission
Subjects: international organisation, production standard, quality standard, technical standard, viticulture, wine

EUROPEAN 
COMMISSION 

Brussels, 25.4.2013  
COM(2013) 243 final 

2013/0129 (NLE) 

Proposal for a 

COUNCIL DECISION 

establishing the position to be adopted on behalf of the European Union with regard to 
certain resolutions to be voted in the framework of the International Organisation for 
Vine and Wine (OIV) 

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EXPLANATORY MEMORANDUM 

CONTEXT OF THE PROPOSAL 

The  International  Organisation  of  Vine  and  Wine  (OIV)  is  an  intergovernmental 
scientific  and  technical  organisation  active  in  the  sector  of  vine,  wine,  wine-based 
drinks, table grapes, raisins and other vine products. The objectives of the OIV are (i) 
to inform via publications and organisation of events and symposiums, (ii) to assist 
other  international  organisations  involved  in  standardisation  activities  and  (iii)  to 
contribute  to  international  harmonisation  of  existing  practices  and  standards. 
Currently 44 States are members of the OIV, among which 20 are Member States of 
the Union. The EU is currently not a member of the OIV. 

At EU level, pursuant to Council Regulation (EC) No 1234/2007 of 22 October 2007 
establishing  a  common  organisation  of  agricultural  markets  and  on  specific 
provisions for certain agricultural products (Single CMO Regulation, OJ L 299, p. 1), 
certain  resolutions  adopted  and  published  by  the  OIV  affect  EU  law.  The  Single 
CMO provides for references to the OIV resolutions in the following provisions:  

- the methods of analysis for determining the composition of the products of the wine 
sector  and  certain  purity  and  identification  specifications  of  substances  used  in 
oenological  practices  so  that  the  rules  adopted  and  published  by  the  OIV  become 
ipso facto binding on this matter within the EU (Article 120(g) of the Single CMO 
and Article 9 of Commission Regulation (EC) No 606/2009 of 10 July 2009 laying 
down certain detailed rules for implementing Council Regulation (EC) No 479/2008 
as  regards  the  categories  of  grapevine  products,  oenological  practices  and  the 
applicable restrictions, OJ L 193 p. 1); 

-  oenological  practices  adopted  and  published  by  the  OIV  upon  which  the 
Commission  must  base  itself  when  it  authorises  such  practices  (Article  120(f)  of 
Single CMO); and  

-  the  same  oenological  practices  according  to  which  the  EU  must  accept  wines 
produced in third countries and which therefore become ipso facto binding in the EU 
(Article 158(a) of the Single CMO). 

Similarly,  pursuant  to  the  Commission  Regulation  (EC)  No  2870/2000  of  19 
December  2000  laying  down  Community  reference  methods  for  the  analysis  of 
spirits drinks (OJ L 333, p. 20) certain resolutions adopted and published by the OIV 
affect  EU  law.  Article  3  of  Regulation  2870/2000  provides  for  reference  to  OIV 
resolutions where Community analytical reference methods are not laid down for the 
detection and quantification of substances contained in a particular spirit drink. 

On the basis of discussions held within the groups of experts meeting to prepare the 
General  Assembly  of  the  OIV,  it  can  be  expected  that  the  following  Resolutions, 
producing  legal  effect  within  the  EU  acquis,  will  be  on  the  agenda  of  the  General 
Assembly for adoption: 

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-  The  draft  Resolutions  OENO-TECHNO  11-498  and  11-499  establish  new 
oenological  practices.  In  accordance  with  Articles  120(f)  and  158(a)  of  Regulation 
(EC) No 1234/2007, these Resolutions will affect the acquis. 

-  The  draft  Resolutions  OENO-SCMA  9-418,  10-440,  10-480,  11-477,  11-478,  12-
510  and  12-511  establish  methods  of  analysis.  In  accordance  Article  120(g)  of 
Regulation (EC) No 1234/2007, these resolutions will affect the acquis. 

-  The  draft  Resolutions  OENO-MICRO  11-496  et  11-497,  OENO-SPECIF  10-459, 
11-481,  11-482,  11-487,  11-488  and  11-495  establish  purity  and  identification 
specifications of substances used in oenological practices. In accordance with Article 
9 of Regulation (EC) No 606/2009, these Resolutions will affect the acquis. 

-  The  draft  Resolution  OENO-SCMA  12-521  establishes  a  method  of  analysis  for 
certain spirit drinks. In accordance with Article 3 of Regulation (EC) No 2870/2000, 
this Resolution will affect the acquis. 

The above mentioned resolutions have been extensively discussed between scientific 
and  technical  experts  of  the  wine  sector.  They  contribute  to  the  international 
harmonisation of the wine standard and they will set a framework which will ensure 
fair  competition  in  the  trading  of  wine  sector  products.  They  should  therefore  be 
supported. 

As  in  the  past,  it  can  be  expected  that  the  agenda  of  the  meeting  of  the  General 
Assembly  of  the  OIV  will  still  evolve  and  that  further  Resolutions  affecting  the 
acquis will be added to the agenda. In order to ensure efficiency of the work of the 
General Assembly while respecting the rules of the Treaties, the Commission will in 
due  time  supplement  and/or  amend  the  present  proposal  to  enable  the  Council  to 
adopt the position to be taken also for these Resolutions. 

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2013/0129 (NLE) 

Proposal for a 

COUNCIL DECISION 

establishing the position to be adopted on behalf of the European Union with regard to 
certain resolutions to be voted in the framework of the International Organisation for 
Vine and Wine (OIV) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 43, in conjunction with Article 218(9) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

The  International  Organisation  of  Vine  and  Wine  (OIV)  is  an  intergovernmental 
scientific  and  technical  organisation  active  in  the  sector  of  vine,  wine,  wine-based 
drinks, table grapes, raisins and other vine products. The objectives of the OIV are (i) 
to  inform  via  publications  and  organisation  of  events  and  symposiums,  (ii)  to  assist 
other  international  organisations  involved  in  standardisation  activities  and  (iii)  to 
contribute to international harmonisation of existing practices and standards. Currently 
44 States are members of the OIV, among which 20 are Member States of the Union. 
The EU is currently not a member of the OIV. 

At EU level, pursuant to Council Regulation (EC) No 1234/2007 of 22 October 2007 
establishing a common organisation of agricultural markets and on specific provisions 
for  certain  agricultural  products  (Single  CMO  Regulation,  OJ  L  299,  p.  1),  certain 
resolutions  adopted  and  published  by  the  OIV  affect  EU  law.  The  Single  CMO 
provides for references to the OIV resolutions in the following provisions:  

- the methods of analysis for determining the composition of the products of the wine 
sector  and  certain  purity  and  identification  specifications  of  substances  used  in 
oenological  practices  so  that  the  rules  adopted  and  published  by  the  OIV  become 
ipso facto binding on this matter within the EU (Article 120(g) of the Single CMO 
and Article 9 of Commission Regulation (EC) No 606/2009 of 10 July 2009 laying 
down certain detailed rules for implementing Council Regulation (EC) No 479/2008 
as  regards  the  categories  of  grapevine  products,  oenological  practices  and  the 
applicable restrictions, OJ L 193 p. 1); 

-  oenological  practices  adopted  and  published  by  the  OIV  upon  which  the 
Commission  must  base  itself  when  it  authorises  such  practices  (Article  120(f)  of 
Single CMO); and  

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-  the  same  oenological  practices  according  to  which  the  EU  must  accept  wines 
produced in third countries and which therefore become ipso facto binding in the EU 
(Article 158(a) of the Single CMO). 

Similarly, pursuant the Commission Regulation (EC) No 2870/2000 of 19 December 
2000 laying down Community reference methods for the analysis of spirits drinks (OJ 
L  333,  p.  20)  certain  resolutions  adopted  and  published  by  the  OIV  affect  EU  law. 
Article 3 of Regulation (EC) No 2870/2000 provides for reference to OIV resolutions 
where  Community  analytical  reference  methods  are  not  laid  down  for  the  detection 
and quantification of substances contained in a particular spirit drink. 

The next meeting of the General Assembly of the OIV will take place on 8 June 2013. 
On that occasion, the General Assembly will examine and possibly adopt Resolutions 
which will produce the legal effects referred to. 

It is therefore necessary to adopt, before that meeting of the General Assembly of the 
OIV,  the  positions  that  the  Member  States  which  are  members  of  the  OIV,  acting 
jointly in the interest of the EU, should take in the General Assembly of the OIV with 
regard to these Resolutions. 

The draft Resolutions OENO-TECHNO 11-498 and 11-499 establish new oenological 
practices.  In  accordance  with  Articles  120(f)  and  158(a)  of  Regulation  (EC)  No 
1234/2007, these Resolutions will affect the acquis. 

The draft Resolutions OENO-SCMA 9-418, 10-440, 10-480, 11-477, 11-478, 12-510 
and 12-511, establish methods of analysis. In accordance Article 120(g) of Regulation 
(EC) No 1234/2007, these resolutions will affect the acquis. 

The draft Resolutions OENO-MICRO 11-496 et 11-497, OENO-SPECIF 10-459, 11-
481,  11-482,  11-487,  11-488  and  11-495  establish  purity  and  identification 
specifications of substances used in oenological practices. In accordance with Article 9 
of Regulation (EC) No 606/2009, these Resolutions will affect the acquis. 

The  draft  Resolution  OENO-SCMA  12-521  establishes  a  method  of  analysis  for 
certain spirit drinks. In accordance with Article 3 of Regulation (EC) No 2870/2000, 
this Resolution will affect the acquis. 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

(10)  The above mentioned resolutions have been extensively discussed between scientific 
and  technical  experts  of  the  wine  sector.  They  contribute  to  the  international 
harmonisation of the wine standard and they will set a framework which will ensure 
fair  competition  in  the  trading  of  wine  sector  products.  They  should  therefore  be 
supported. 

(11) 

In  order  to  allow  for  the  necessary  flexibility  during  the  negotiations  ahead  of  the 
meeting of the General Assembly of the OIV, Member States which are members of 
the  OIV  should  be  authorised  to  agree  to  changes  to  these  resolutions  provided  that 
such changes do not alter substance thereof. 

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HAS ADOPTED THIS DECISION:  

Article 1 

The position of the Union at the General Assembly of the OIV in 2013 shall be in accordance 
with  the  Annex  to  this  Decision  and  shall  be  expressed  by  the  Member  States  which  are 
Members of the OIV, acting jointly in the interest of the Union. 

Article 2 

1. 

2. 

Where the position referred to in Article 1 is likely to be affected by new scientific or 
technical information presented before or during the meetings of the OIV, Member 
States  which  are  Members  of  the  OIV  shall  request  that  the  voting  in  the  OIV 
General Assembly be postponed until the position of the Union is established on the 
basis of the new elements. 

Following coordination, in particular on the spot, and without further decision of the 
Council  establishing  the  position  of  the  Union,  the  Member  States  which  are 
Members  of  the  OIV,  acting  jointly  in  the  interest  of  the  Union,  may  agree  to 
changes  to  the  draft  resolutions  referred  to  in  the  Annex  to  this  Decision  which  do 
not alter the substance thereof. 

Article 3 

This Decision is addressed to the Member States. 

Done at Brussels,  

For the Council 
The President 

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ANNEX 

The  Member  States  acting  jointly  in  the  interest  of  the  Union  shall  support  only,  and  subject  to  any 
future review on the basis of new developments, the following draft resolutions at step 7 on methods of 
analysis for determining the composition of the products of the wine sector, on purity and identification 
specifications of substances used in oenological practices and on oenological practices: 

OENO-TECHNO 11-498, modification of the files of oenological practices regarding enzymes, 

OENO-TECHNO 11-499, dissolved gas management in wine using membrane contactors,  

OENO-SCMA 9-418, Practical guide for the assessment, quality control, and uncertainty analysis of an 
oenological analysis method, 

OENO-SCMA 10-440, guidelines for the olfactory and taste evaluation of wine defects, 

OENO-SCMA 10-480, determination of methanol by gas chromatography, 

OENO-SCMA 11-477, detection and assay of phthalates in wines, 

OENO-SCMA 11-478, analysis of mineral elements in wines and spirits using ICP-AES (Inductively 
Coupled Plasma / Atomic Emission Spectrometry), 

OENO-SCMA 12-510, determination by isotope ratio mass spectrometry 13C/12C of acetic acid of wine 
vinegar, 

OENO-SCMA 12-511, method for 18O/16O isotope ratio determination of water in wine vinegar, 

OENO-SCMA 12-521, detection and assay of phthalates in spirit drinks,  

OENO-MICRO 11-496, monograph on yeast autolysates, 

OENO-MICRO 11-497, cellular yeast hulls – codex, 

OENO-SPECIF 10-459, monograph on inactivated yeasts, 

OENO-SPECIF 11-481, monograph on ultrafiltration membranes, 

OENO-SPECIF 11-482, monograph on nanofiltration membranes, 

OENO-SPECIF 11-487, revision of the monograph on measurement of cinnamoyl esterase activity in 
enzymatic preparations (OIV-OENO 6-2007), 

OENO-SPECIF 11-488, revision of the monograph on determination of beta-glucanase (ß 1-3, ß 1-6) 
activity in enzyme preparations (OIV-OENO 340-2010), 

OENO-SPECIF 11-495, monograph on protein plant origin - modification of the file. 

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