CELEX: 
Language: en
Date: 2020-02-13 00:00:00
Title: COMMISSION DELEGATED REGULATION (EU) …/... correcting Delegated Regulation (EU) 2019/934 as regards transitional arrangements for the marketing of stocks of grapevine products

EUROPEAN
                            COMMISSION
                                                     Brussels, 13.2.2020
                                                     C(2020) 672 final
                  COMMISSION DELEGATED REGULATION (EU) …/...
                                         of 13.2.2020
   correcting Delegated Regulation (EU) 2019/934 as regards transitional arrangements for
                        the marketing of stocks of grapevine products
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 ---pagebreak---                                EXPLANATORY MEMORANDUM
   1.       CONTEXT OF THE DELEGATED ACT
   Commission Delegated Regulation (EU) 2019/934 supplementing Regulation (EU) No
   1308/2013 of the European Parliament and of the Council as regards, among others,
   authorised oenological practices and restrictions applicable to the production and conservation
   of grapevine products was adopted on 12 March 2019. Delegated Regulation (EU) 2019/934
   replaces and repeals Commission Regulation (EC) No 606/2009 laying down the authorised
   oenological practices and restrictions applicable to grapevine products in the EU.
   This draft Delegated Regulation corrects an error in Article 15 of Delegated Regulation (EU)
   2019/934 to ensure that grapevine products produced between the entry into force and the
   date of application of Delegated Regulation (EU) 2019/934 can be marketed.
   2.       CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT
   On 10 July 2019, Italy requested the Commission to clarify the dates of repeal of Commission
   Regulation (EC) No 606/2009 and of entry into force and application of Delegated Regulation
   (EU) 2019/934. After analysing Articles 15 (transitional arrangements) and 17 (entry into
   force and application) of Delegated Regulation (EU) 2019/934, the Commission detected an
   error in Article 15 which should refer to the date of application of Delegated Regulation (EU)
   2019/934 instead of the date of entry into force.
   Consequently, at the meetings of the Expert Group for the Common Organisation of
   Agricultural Markets – Wine of 17 July 2019 and 5 December 2019, the Commission
   informed the experts of the need to correct Delegated Regulation (EU) 2019/934 and of the
   proposed correction. No objections were raised on those occasions.
   3.       LEGAL ELEMENTS OF THE DELEGATED ACT
   Article 15 of Delegated Regulation (EU) 2019/934 needs to be corrected in order to cover
   products produced in line with the provisions of Commission Regulation (EC) 606/2009
   between the date of entry into force of the Delegated Regulation, 27 June 2019, and its date of
   application, 7 December 2019. The current wording allows for marketing of grapevine
   products produced in line with Commission Regulation (EC) 606/2009 before the date of
   entry into force of Delegated Regulation (EU) 2019/934, but not between the date of entry
   into force and the date of application of that Regulation. In order to allow the marketing of
   grapevine products from harvest 2019, the reference to ‘date of entry into force’ in Article 15
   of Delegated Regulation (EU) 2019/934 needs to be replaced by ‘date of application’.
   As this modification affects the substance of the delegated act, the appropriate instrument is a
   Commission Delegated Regulation correcting Delegated Regulation (EU) 2019/934. It will
   apply as long as the European Parliament or the Council expresses no objection within a
   period of two months with the possibility of an extension of this period for another two
   months.
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 ---pagebreak---                       COMMISSION DELEGATED REGULATION (EU) …/...
                                                    of 13.2.2020
   correcting Delegated Regulation (EU) 2019/934 as regards transitional arrangements for
                              the marketing of stocks of grapevine products
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the
   Council of 17 December 2013 establishing a common organisation of the markets in
   agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79,
   (EC) No 1037/2001 and (EC) No 1234/20071, and in particular Article 75(2) and 80(4)
   thereof,
   Whereas:
   (1)     Commission Delegated Regulation (EU) 2019/9342 replaces and repeals Commission
           Regulation (EC) No 606/20093. Following the publication of Delegated Regulation
           (EU) 2019/934, an error appearing in all language versions of the text was detected.
   (2)     The error concerns the transitional arrangements for the marketing of stocks of
           grapevine products laid down in Article 15 of Delegated Regulation (EU) 2019/934.
           Regulation (EC) No 606/2009 applied until 6 December 2019. Delegated Regulation
           (EU) 2019/934 entered into force on 27 June 2019. In order to allow operators
           sufficient time to adapt to the new rules, it was decided to set the date of application of
           that Regulation to 7 December 2019.
   (3)     The transitional arrangements provided for in Article 15 of Delegated Regulation (EU)
           2019/934 were therefore intended to allow grapevine products produced in compliance
           with Regulation (EC) No 606/2009 before the date of application of Delegated
           Regulation (EU) 2019/934 to be placed on the market. Article 15, however, references
           the date of entry into force of Delegated Regulation (EU) 2019/934 instead of referring
           to the date of application of that Regulation. This has the unintended consequence that
           the grapevine products of the new harvest 2019, produced in accordance with
           Regulation (EC) No 606/2009, may not be marketed if they were produced on or after
           the date of entry into force.
   (4)     To allow the marketing of grapevine products produced in accordance with Regulation
           (EC) No 606/2009 between 27 June and 6 December 2019, the transitional
   1
           OJ L 347, 20.12.2013, p. 671.
   2
           Commission Delegated Regulation (EU) 2019/934 of 12 March 2019 supplementing Regulation (EU)
           No 1308/2013 of the European Parliament and of the Council as regards wine-growing areas where the
           alcoholic strength may be increased, authorised oenological practices and restrictions applicable to the
           production and conservation of grapevine products, the minimum percentage of alcohol for by-products
           and their disposal, and publication of OIV files (OJ L 149, 7.6.2019, p. 1).
   3
           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, 24.7.2009, p. 1).
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 ---pagebreak---             arrangements laid down in Article 15 of Delegated Regulation (EU) 2019/934 should
            be corrected in order to cover that period.
   (5)      Delegated Regulation (EU) 2019/934 should therefore be corrected accordingly.
   (6)      The error in Delegated Regulation (EU) 2019/934 requires a correction to allow for the
            marketing of grapevine products produced between 27 June and 6 December 2019.
            For that reason, this Correcting Regulation should apply retroactively from 27 June
            2019,
   HAS ADOPTED THIS REGULATION:
                                                 Article 1
   Delegated Regulation (EU) 2019/934 is corrected as follows:
   Article 15 is replaced by the following:
                                                “Article 15
                                      Transitional arrangements
   Stocks of grapevine products produced before the date of application of this Regulation in
   accordance with the rules in force before that date may be released for human consumption.”.
                                                 Article 2
   This Regulation shall enter into force on the third day following that of its publication in the
   Official Journal of the European Union.
   It shall apply from 27 June 2019.
   This Regulation shall be binding in its entirety and directly applicable in all Member States.
   Done at Brussels, 13.2.2020
                                                  For the Commission
                                                  The President
                                                  Ursula VON DER LEYEN
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