CELEX: 52018PC0837
Language: en
Date: 2018-12-14
Title: Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union within the Working Group on Wine set up by the Economic Partnership Agreement between the European Union and Japan as regards the forms to be used for certificates for the import of wine products originating in Japan into the European Union and the modalities concerning the self-certification

EUROPEAN COMMISSION
            Brussels, 14.12.2018
            COM(2018) 837 final
            2018/0425(NLE)
            Proposal for a
            COUNCIL DECISION
            on the position to be taken on behalf of the European Union within the Working Group on Wine set up by the Economic Partnership Agreement between the European Union and Japan as regards the forms to be used for certificates for the import of wine products originating in Japan into the European Union and the modalities concerning the self-certification
            
               
         
         
            
               EXPLANATORY MEMORANDUM
            
            
               1.Subject matter of the proposal
            
            
               This proposal concerns the decision establishing the position to be taken on the Union's behalf in the Working Group on Wine in connection with the envisaged adoption of the decision on the forms to be used as certificate for the import of wine products originating in Japan into the European Union and the modalities concerning the implementation of self-certification. This proposal is made with a view to ensuring that the Working Group on Wine can adopt the aforesaid decision at the entry into force of the Economic Partnership Agreement between the European Union and Japan (1 February 2019).
            
            
               2.Context of the proposal
            
            
               2.1.The Economic Partnership Agreement
            
            
               The Economic Partnership Agreement between the European Union and Japan (‘the Agreement’) aims to liberalise and facilitate trade and investment, as well as to promote a closer economic relationship between the Parties. The Agreement shall enter into force on [date of entry into force].
            
            
               2.2.The Working Group on Wine
            
            
               Pursuant to Article 22.4 of the Agreement, a Working Group on Wine is established. The Working Group on Wine is responsible for the effective implementation and operation of Section C and Annex 2-E. 
            
            
               2.3.The envisaged act of the Working Group on Wine
            
            
               Pursuant to Article 2.35(3) of the Agreement, the Working Group on Wine, shall hold its first meeting on the date of entry into force of the Agreement. On [date of entry into force], during its first meeting, the Working Group is to adopt a decision on the forms to be used as certificate for the import of wine products originating in Japan into the European Union and the modalities concerning the implementation of self-certification (‘the envisaged act’).
            
            
               The purpose of the envisaged act is to effectively implement Section C and Annex 2-E of the Agreement, and in particular Article 2.28(1) of the Agreement.
            
            
               3.Position to be taken on the Union's behalf
            
            
               The Economic Partnership Agreement between the European Union and Japan, subject to the Commission proposal for a Council Decision COM(2018)192 final, contains a comprehensive section on the mutual facilitation of wine exports, so-called ”wine package”. It includes in particular the complete tariff elimination, at entry into force of the Agreement, of the European wines and sparkling wines exported to Japan, the protection in the Japanese territory of around 130 names of EU wine geographical indications, the approval of several EU oenological practices including priority additives for use in wine and the adoption of simplified certification of Japan wines imported into the EU by a decision of the Working group on Wine. 
            
            
               The attached envisaged act of the Working Group allows for the implementation of this comprehensive section by establishing the forms to be used as certificate for the import of wine products originating in Japan into the EU and the modalities concerning the implementation of self-certification. 
            
            
               The forms and the modalities concerning self-certification are consistent with the European Union policies on facilitating trade and cooperating on prevention of fraud with third countries that concluded agreements with the Union. 
            
            
               Therefore their adoption should be endorsed.
            
            
               4.Legal basis
            
            
               4.1.Procedural legal basis
            
            
               4.1.1.Principles
            
         
         
            
               Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, with the exception of acts supplementing or amending the institutional framework of the agreement.’
            
            
               The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the rules of international law governing the body in question. It also includes instruments that do not have a binding effect under international law, but that are ‘capable of decisively influencing the content of the legislation adopted by the EU legislature’
                  1
               .
            
            
               4.1.2.Application to the present case
            
            
               The Working Group on Wine is a body set up by the Agreement.
            
            
               The act which the Working Group on Wine is called upon to adopt constitutes an act having legal effects. The envisaged act will be binding under international law in accordance with Article 1.3 of the Agreement. 
            
            
               The envisaged act does not supplement or amend the institutional framework of the Agreement.
            
            
               Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU.
            
            
               4.2.Substantive legal basis
            
            
               4.2.1.Principles
            
            
               The substantive legal basis for a decision under Article 218(9) TFEU depends primarily on the objective and content of the envisaged act in respect of which a position is taken on the Union's behalf. If the envisaged act pursues two aims or has two components and if one of those aims or components is identifiable as the main one, whereas the other is merely incidental, the decision under Article 218(9) TFEU must be founded on a single substantive legal basis, namely that required by the main or predominant aim or component.
            
            
               4.2.2.Application to the present case
            
            
               The main objective and content of the envisaged act relate to the liberalisation and facilitation of trade in wine products.
            
            
               Therefore, the substantive legal basis of the proposed decision is Article 207 TFEU.
            
            
               4.3.Conclusion
            
            
               The legal basis of the proposed decision should be Article 207 TFEU, in conjunction with Article 218(9) TFEU.
            
            
               5.Publication of the envisaged act
            
            
               As the requirements laid down in the act of the Working Group on Wine will have to be put into operation by customs authorities and importers to the EU, it is appropriate to publish it in the Official Journal of the European Union after its adoption.
            
            
               2018/0425 (NLE)
            
            
               Proposal for a
            
            
               COUNCIL DECISION
            
         
         
            
               on the position to be taken on behalf of the European Union within the Working Group on Wine set up by the Economic Partnership Agreement between the European Union and Japan as regards the forms to be used for certificates for the import of wine products originating in Japan into the European Union and the modalities concerning the self-certification
            
            
               THE COUNCIL OF THE EUROPEAN UNION,
            
            
               Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207, in conjunction with Article 218(9) thereof,
            
            
               Having regard to the proposal from the European Commission,
            
            
               Whereas:
            
            
               (1)The Economic Partnership Agreement between the European Union and Japan (‘the Agreement’) was concluded by the Union by Council Decision […]
                  2
               . It shall enter into force on [1 February 2019]. 
            
            
               (2)Pursuant to Article 2.28(2) of the Agreement, the Working Group on Wine shall adopt, by decision, the modalities for the implementation of paragraph 1 of that Article providing for the certification for the importation and sale in the Union of wine products originating in Japan, and in particular the forms to be used and the information to be provided on the certificate.
            
            
               (3) Point (a) of Article 2.35(2) of the Agreement provides that the Working Group on Wine shall have among its functions adopting the modalities concerning the self-certification.
            
            
               (4)Pursuant to Article 2.35(3) of the Agreement, the Working Group on Wine shall hold its first meeting on the date of entry into force of the Agreement.
            
            
               (5)The Working Group on Wine, during its first meeting on [1 February 2019 / date of entry into force of the Agreement] is to adopt the decision on the forms to be used for certificates for the import of wine products originating in Japan into the Union and the modalities concerning the self-certification to allow the effective implementation of the Agreement and thus simplify import of wine products originating in Japan. The envisaged forms and modalities concerning the self-certification are consistent with the Union policies on facilitating trade and cooperating on prevention of fraud with third countries that concluded agreements with the Union.
            
            
               (6)It is appropriate to establish the position to be taken on the Union's behalf in the Working Group on Wine, as the decision of that Working Group will be binding on the Union,
            
            
               HAS ADOPTED THIS DECISION:
            
            
               Article 1
            
            
            
               The position to be taken on the Union's behalf at the first meeting of the Working Group on Wine shall be based on the draft Decision of the Working Group on Wine attached to this Decision.
            
            
               Article 2
            
            
                
            
            
               After its adoption, the Decision of the Working Group on Wine shall be published in the Official Journal of the European Union. 
            
            
               Article 3
            
            
               This Decision is addressed to the Commission. 
            
         
         
            
            
               Done at Brussels,
            
            
               
                     For the Council
               
               
                     The President
               
            
         
         
            
                  
                     (1)
                  
                        Judgment of the Court of Justice of 7 October 2014, Germany v Council, C-399/12, ECLI:EU:C:2014:2258, paragraphs 61 to 64. 
               
               
                  
                     (2)
                  
                        OJ L […], […], p. […].
               
            
      
    ---documentbreak--- 
      
         
               EUROPEAN COMMISSION
            Brussels, 14.12.2018
            COM(2018) 837 final
            ANNEX
            to the Proposal for a
            COUNCIL DECISION
            on the position to be taken on behalf of the European Union within the Working Group on Wine set up by the Economic Partnership Agreement between the European Union and Japan as regards the forms to be used for certificates for the import of wine products originating in Japan into the European Union and the modalities concerning the self-certification
            
               
         
         
            
               ANNEX 
            
            
            
               DECISION No 1 OF THE EU-JAPAN WORKING GROUP ON WINE
            
            
               of….
            
            
               on the adoption of  the forms to be used for certificates for the import of wine products originating in Japan into the European Union and the modalities concerning the self-certification
            
            
               THE WORKING GROUP ON WINE,
            
            
               Having regard to the Economic Partnership Agreement between the European Union and Japan (‘the Agreement’), and in particular Articles 2.28 and 2.35 thereof,
            
            
               Whereas:
            
            
               (1)The Economic Partnership Agreement between the European Union and Japan (‘the Agreement’) shall enter into force on [1 February 2019].
            
            
               (2)Article 22.4 of the Agreement establishes a Working Group on Wine, which, inter alia, is responsible for the effective implementation and operation of Section C and Annex 2-E of the Agreement.
            
            
               (3)In accordance with Article 2.28 of the Agreement, a certificate authenticated in conformity with the laws and regulations of Japan, including a self-certificate established by a producer authorised by the competent authority of Japan, shall suffice as evidence that the requirements for the importation and sale in the European Union of wine products originating in Japan have been fulfilled.
            
            
               (4)Pursuant to point (a) of paragraph 2 of Article 2.28 of the Agreement, the forms to be used for certificates and the information to be provided on the certificates are to be adopted by decision of the Working Group on Wine established pursuant to Article 22.4 of the Agreement.
            
            
               (5)Pursuant to point (a) of paragraph 2 of Article 2.35 of the Agreement, the modalities concerning the self-certification are to be adopted by the Working Group on Wine,
            
            
               HAS DECIDED AS FOLLOWS:
            
            
               Article 1
            
            
               1.The form to be used for certificates authenticated in conformity with the laws and regulations of Japan is set out in Annex I to this Decision.
            
            
               2.The form to be used for self-certificates established by producers authorised by the competent authority of Japan is set out in Annex II to this Decision.
            
            
               3.The modalities of the self-certification by producers authorised by the competent authority of Japan are set out in Annex III to this Decision.
            
            
               Article 2
            
         
         
            
               This Decision shall enter into force on [1 February 2019 / the date of entry into force of the Agreement].
            
            
               
                     For the Working Group on Wine
               
               
                     […]
               
            
            
               ANNEX I
            
            
               TEMPLATE OF CERTIFICATE ISSUED BY THE NATIONAL RESEARCH INSTITUTE OF BREWING [NRIB] FOR THE IMPORTS OF WINE PRODUCTS ORIGINATING IN JAPAN INTO THE EU
                  1
                
            
            
            
                     
                        1.Exporter (Full name and  address)
                     
                     
                  
                  
                     
                        Third country of issue:  JAPAN 
                     
                     
                     
                        Simplified VI 1 Serial No
                           2
                        : 
                     
                     
                     
                        DOCUMENT FOR THE IMPORT OF WINE, GRAPE JUICE OR GRAPE MUST INTO THE EUROPEAN UNION
                     
                  
               
                     
                        2.Consignee (name and address)
                     
                     
                  
                  
                     
                        3.Customs stamp (for official EU use only)
                     
                     
                     
                     
                  
               
                     
                        4.Means of transport and transport details
                           3
                        
                     
                     
                     
                  
                  
                     
                        5.Place of unloading (if different from 2)
                     
                     
                  
               
                     
                        6.Description of the imported product
                           4
                        
                     
                     
                     
                     
                     
                     
                  
                  
                     
                        7.Quantity in l/hl/kg  
                     
                     
                     
                  
               
                     
                  
                  
                     
                        8.Number of containers
                           5
                         
                     
                     
                     
                     
                  
               
                     
                        9.Certificate
                     
                     
                     
                        “The product described above is intended for direct human consumption and complies with the definitions and oenological practices authorised in Section C of Chapter 2 of the Economic Partnership Agreement between the European Union and Japan.”
                     
                     
                     
                        Name, address of the producer:
                     
                     
                     
                     
                        Full name and address of the competent body:                               Place and date: 
                     
                     
                        National Research Institute of Brewing 
                     
                     
                        under the supervision of the Ministry of Finance of Japan
                     
                     
                        3-7-1, Kagamiyama, Higashihiroshima, Hiroshima, Japan
                     
                     
                     
                        Stamp of the competent body:                                        
                     
                     
                     
                     
                        Signature, name and title of official of the competent body: 
                     
                     
                     
                  
               
            
               Attribution (entry into free circulation and issue of extracts)
            
            
            
                     
                        Quantity 
                     
                  
                  
                     
                        10. No and date of customs document of release for free circulation and of the extract
                     
                     
                     
                  
                  
                     
                        11. Full name and address of consignee (extract)
                     
                  
                  
                     
                        12. Seal authority
                     
                  
                  
                     
                        of 
                     
                  
                  
                     
                        the 
                     
                  
                  
                     
                        competent 
                     
                  
               
                     
                        Available 
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
               
                     
                        Attributed 
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
               
                     
                        Available 
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
               
                     
                        Attributed 
                     
                     
                     
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
               
            
                     
                        Available
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
               
                     
                        Attributed
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
               
                     
                        13. Additional observations
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
               
               ANNEX II
            
            
               TEMPLATE OF SELF-CERTIFICATE FOR THE IMPORTS OF WINE PRODUCTS ORIGINATING IN JAPAN INTO THE EUROPEAN UNION
                  6
                
            
            
            
                     
                        1.Exporter (Full name and  address)
                     
                     
                  
                  
                     
                        Third country of issue:  JAPAN 
                     
                     
                     
                        Simplified VI 1                     Serial No
                           7
                        : 
                     
                     
                     
                        DOCUMENT FOR THE IMPORT OF WINE, GRAPE JUICE OR GRAPE MUST INTO THE EUROPEAN UNION
                     
                  
               
                     
                        2.Consignee (name and address)
                     
                     
                  
                  
                     
                        3.Customs stamp (for official EU use only)
                     
                     
                     
                     
                  
               
                     
                        4.Means of transport and transport details
                           8
                        
                     
                     
                     
                     
                  
                  
                     
                        5.Place of unloading (if different from 2)
                     
                     
                     
                           
                     
                  
               
                     
                        6.Description of the imported product
                           9
                        
                     
                     
                     
                     
                     
                  
                  
                     
                        7.Quantity in l/hl/kg  
                     
                     
                     
                  
               
                     
                  
                  
                     
                        8.Number of containers
                           10
                         
                     
                     
                  
               
                     
                        9.Certificate
                     
                     
                     
                        “The product described above is intended for direct human consumption and complies with the definitions and oenological practices authorised in Section C of Chapter 2 of the Economic Partnership Agreement between the European Union and Japan. It has been produced by a producer who has been individually authorised by the National Tax Agency of Japan for the production of wine and by the National Research Institute of Brewing (NRIB) for the self-certification. The producer is subject to inspection and supervision by the NRIB.”
                     
                     
                        Name, address and registration/authorisation number of the authorised producer:
                     
                     
                     
                     
                        Full name and address of the competent body:                   Place and date: 
                     
                     
                        National Research Institute of Brewing 
                     
                     
                        under the supervision of the Ministry of Finance of Japan
                     
                     
                        3-7-1, Kagamiyama, Higashihiroshima, Hiroshima, Japan
                     
                     
                     
                        Stamp of the authorised producer:                                     Signature of the authorised producer: 
                     
                     
                     
                  
               
            
                     
                        10.ANALYSIS REPORT (describing the analytical characteristics of the product described above)
                     
                     
                     
                        FOR GRAPE MUST AND GRAPE JUICE:
                     
                     
                     
                         No information required
                     
                     
                     
                     
                        FOR WINE AND GRAPE MUST STILL IN FERMENTATION:
                     
                     
                     
                        -Actual alcoholic strength:
                     
                     
                     
                     
                        FOR ALL PRODUCTS:
                     
                     
                     
                        -Total sulphur dioxide:
                     
                     
                     
                        -Total acidity:                               
                     
                     
                     
                     
                        Stamp of the authorised producer:                                    Place and date:
                     
                     
                     
                     
                        Signature, name and title of the authorised producer:
                     
                     
                     
                     
                  
               
                     
                     
                        Attribution (entry into free circulation and issue of extracts)
                     
                     
                  
               
                     
                        Quantity
                     
                  
                  
                     
                        11. No and date of customs document of release for free circulation and of the extract
                     
                  
                  
                     
                        12. Full name and address of consignee (extract)
                     
                  
                  
                     
                        13. Seal authority
                     
                  
                  
                     
                        of 
                     
                  
                  
                     
                        the 
                     
                  
                  
                     
                        competent 
                     
                  
               
                     
                        Available
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
               
                     
                        Attributed
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
               
                     
                        Available
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
               
                     
                        Attributed
                     
                     
                     
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
               
                     
                        Available
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
               
                     
                        Attributed
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
               
                     
                        14. Additional observations
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
               
         
            
            
               Annex III
            
            
               Modalities of Self-certification 
            
            
            
               1.The National Research Institute of Brewing, under the supervision of the Ministry of Finance of Japan,
            
            
            
               (i)individually appoints the producers authorised in Japan to draw up the self-certificates referred to in Article 2.28 of the Economic Partnership Agreement between the European Union and Japan;
            
            
            
               (ii)supervises and inspects the authorised producers; and 
            
            
            
               (iii)notifies the European Union:
            
            
            
               ·twice a year in the months of January and July, of the names and addresses of the authorised producers together with their official registration numbers, and
            
            
            
               ·without delay, of any modification of the names and addresses or withdrawal of any authorised producers.
            
            
            
               2.The European Union publishes and updates without delay the names and addresses of the authorised producers in the list entitled ”Third countries’ competent bodies, designated laboratories and authorised wine producers and processors for drawing up VI-1 documents for wine imports into the EU" which is available on the official website of the European Commission: 
            
            
               ec.europa.eu/agriculture/sites/agriculture/files/wine/lists/06.
            
         
         
            
                  
                     (1)
                  
                        In accordance with Article 2.28 of  the Economic Partnership Agreement between the EU and Japan
               
               
                  
                     (2)
                  
                  
                        This is the traceability number of the lot allocated by the NRIB. 
                  
               
               
                  
                     (3)
                  
                        Indicate: transport used for delivery to the point of entry in the EU; specify transport mode (ship, air, etc.), give name of ship, etc.
               
               
                  
                     (4)
                  
                        Indicate the following information:- Sale designation as appears on the label (such as name of producer, wine-growing region, brand name, etc.);- Name of the country of origin: [indicate “Japan”] ;-Name of the GI, if relevant;-Actual alcohol strength by volume-Colour of the product (state ‘red’, ‘rosé’, ‘pink’ or ‘white’ only);-Combined Nomenclature code (CN code).
               
               
                  
                     (5)
                  
                        A container means a recipient for wine of less than 60 litres. Number of containers may be the number of bottles. 
               
               
                  
                     (6)
                  
                        In accordance with Article 2.28 of the Economic Partnership Agreement between the European Union and Japan .
               
               
                  
                     (7)
                  
                  
                        This is the traceability number of the lot allocated by the National Research Institute of Brewing (NRIB).
                  
               
               
                  
                     (8)
                  
                        Indicate: transport used for delivery to the point of entry to the EU; specify transport mode (ship, air, etc.), give name of ship, etc.
               
               
                  
                     (9)
                  
                        Indicate the following information:- Sale designation as appears on the label (such as name of producer, wine-growing region, brand name, etc.);- Name of the country of origin: [indicate “Japan”] ;-Name of the GI, if relevant;-Actual alcohol strength by volume-Colour of the product (state ‘red’, ‘rosé’, ‘pink’ or ‘white’ only);-Combined Nomenclature code (CN code).
               
               
                  
                     (10)
                  
                        A container means a recipient for wine of less than 60 litres. Number of containers may be the number of bottles.