CELEX: 52015PC0280
Language: en
Date: 2015-06-04
Title: 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)

EUROPEAN
                             COMMISSION
                                                     Brussels, 4.6.2015
                                                     COM(2015) 280 final
                                                     ANNEX 1
                                            ANNEX
                                             to the
                                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)
EN                                                                                        EN
 ---pagebreak---                                                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 10-445, glutathione treatment – musts
   OENO-TECHNO 10-446, glutathione treatment – wines
   OENO-TECHNO 13-532, treatment of musts using inactivated yeast rich in glutathione
   OENO-TECHNO 13-533, treatment of wines using inactivated yeast rich in glutathione
   OENO-MICRO 13-531, activators of malolactic fermentation
   OENO-SPECIF 14-554, update to the monograph on the oenological tanins
   OENO-SPECIF 14-555, update to the monograph on casein
   OENO-SPECIF 14-557, update to the monograph on proteins of plant origin
   OENO-SCMA 13-527, determination of the distribution of deuterium in acetic extracted from
   wine vinegar using nuclear magnetic resonance (NMR)
   OENO-SCMA 09-419D, specific methods for the analysis of grape sugar (rectified
   concentrated grape must) – folin-ciocalteu index
   OENO-SCMA 09-419C, specific methods for the analysis of grape sugar (rectified
   concentrated grape must)
   OENO-SCMA 14-549, determination of volatile acidity - revision of the method
   OENO-SCMA 14-551, determination of total acidity – revision of the method
EN                                                 2                                              EN
 ---documentbreak---                              EUROPEAN
                             COMMISSION
                                                      Brussels, 4.6.2015
                                                      COM(2015) 280 final
                                                      2015/0126 (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)
EN                                                                                        EN
 ---pagebreak---                                 EXPLANATORY MEMORANDUM
   1.       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 of measures
   whereby the concerns of producers, consumers and other players in the vine and wine
   products sector may be taken into consideration, (ii) to assist other international organisations
   involved in standardisation activities and (iii) to contribute to international harmonisation of
   existing practices and standards. Currently 46 States are members of the OIV, among which
   21 are Member States of the Union. The EU is currently not a member of the OIV.
   At EU level, pursuant 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 (CMO Regulation, OJ L 347, p. 671), certain resolutions adopted and
   published by the OIV affect EU law. The CMO Regulation provides for references to the OIV
   resolutions in the following provisions:
   -        certain methods of analysis for determining the composition of the products of the
            wine sector adopted and published by the OIV upon which the Commission must
            base itself unless they would be ineffective or inappropriate in view of the objective
            pursued by the Union (Article 80(5) of CMO Regulation);
   -        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 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 that the Commission must
            take into account when it authorises such practices (Article 80(3)(a) of CMO
            Regulation); and
   -        the same oenological practices where used, prior to their authorisation according to
            Article 80(3) of CMO Regulation, for the production of wines in third countries
            (Article 90(2) of CMO Regulation).
   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:
   –        The draft Resolutions OENO-TECHNO 10-445, 10-446, 13-532, 13-533, OENO-
            MICRO 13-531 establish new oenological practices. In accordance with Articles
            80(3)(a) and 90(2) of Regulation (EU) No 1308/2013, these Resolutions will affect
            the acquis.
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 ---pagebreak---    –        The draft Resolutions OENO-SPECIF 14-554, 14-555, 14-557 establishes the purity
            and identification specifications of a substance used in an oenological practice. These
            oenological practices have been published and recommended by the OIV on
            condition that the specifications of the substance used is adopted (OIV International
            Code of Oenological practices, § 2.1.20 and § 3.4.14). In accordance with Articles
            80(3)(a) and 90(2) of Regulation (EU) No 1308/2013, and with Article 9 of
            Commission Regulation (EC) No 606/2009, these Resolutions will affect the acquis.
   –        The draft Resolutions OENO-SCMA 13-527, 09-419D, 09-419C, 14-549, 14-551
            establish methods of analysis. In accordance Article 80(3)(a) and (5) of Regulation
            (EU) No 1308/2013, these resolutions 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.
EN                                                  3                                               EN
 ---pagebreak---                                                                    2015/0126 (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)     The International Organisation of Vine and Wine (OIV) will examine and possibly
           adopt resolutions which will affect Union law in its next General Assembly on 10 July
           2015.
   (2)     The Union is currently not a member of the OIV. 21 Member States are members of
           the OIV. Those Member States have the possibility to propose amendments to the
           draft OIV resolutions and will be asked to adopt some of the draft OIV resolutions in
           the next OIV General Assembly on 10 July 2015.
   (3)     Member States have a duty of sincere cooperation under Article 4(3) of the Treaty on
           European Union. The Union position with regard to those resolutions in relation to
           matters within its competence should therefore be adopted by the Council and
           expressed at the OIV meetings by the Member States which are members of the OIV,
           acting jointly in the interest of the Union.
   (4)     Pursuant to Regulation (EU) No 1308/2013 of the European Parliament and of the
           Council1 and Commission Regulation (EC) No 606/20092, certain resolutions adopted
           and published by the OIV affect Union law.
   (5)     Article 80(3)(a) of Regulation (EU) No 1308/2013 provides that the Commission is to
           take into account the oenological practices and methods of analyses recommended and
           published by the OIV when it authorises oenological practices.
   (6)     Article 80(5) of Regulation (EU) No 1308/2013 provides that the Commission, when
           laying down methods of analysis for determining the composition of the products of
           the wine sector, is to base those methods on any relevant methods recommended and
           published by the OIV unless they would be ineffective or inappropriate in view of the
           objective pursued by the Union.
   1
           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 1234/2007 (OJ L
           347, 20.12.2013, p. 671).
   2
           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).
EN                                                         4                                                 EN
 ---pagebreak---    (7)    Article 90(2) of Regulation (EU) No 1308/2013 provides that products of the wine
          sector imported into the Union are to be produced in accordance with oenological
          practices authorised by the Union pursuant to that Regulation or, prior to that
          authorisation, produced in accordance with oenological practices recommended and
          published by the OIV.
   (8)    Article 9 of Regulation (EC) No 606/2009 provides that, where they are not laid down
          by the Commission, the purity and identification specifications of substances used in
          oenological practices are to be those laid down and published by the OIV.
   (9)    The draft Resolutions OENO-TECHNO 10-445, 10-446, 13-532, 13-533 OENO-
          MICRO 13-531 establish new oenological practices. In accordance with Article
          80(3)(a) and Article 90(2) of Regulation (EU) No 1308/2013, these Resolutions will
          affect Union law.
   (10)   The draft Resolutions OENO-SPECIF 14-554, 14-555, 14-557 establish the purity and
          identification specifications of a substance used in an oenological practice. These
          oenological practices have been published and recommended by the OIV on condition
          that the specifications of the substance used are adopted (OIV International Code of
          Oenological practices, § 2.1.20 and § 3.4.14). In accordance with Article 80(3)(a) and
          Article 90(2) of Regulation (EU) No 1308/2013, and with Article 9 of Regulation (EC)
          No 606/2009, these Resolutions will affect Union law.
   (11)   The draft Resolutions OENO-SCMA 13-527, 09-419D, 09-419C, 14-549, 14-551
          establish methods of analysis. In accordance Article 80(3)(a) and Article 80(5) of
          Regulation (EU) No 1308/2013, these resolutions will affect Union law.
   (12)   Those draft 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 will set a framework which will ensure fair competition in
          the trading of products of the wine sector. They should therefore be supported.
   (13)   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 the substance thereof,
   HAS ADOPTED THIS DECISION:
                                              Article 1
   The position of the Union at the General Assembly of the OIV in 2015 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.       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.
   2.       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
EN                                                 5                                                  EN
 ---pagebreak---            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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