CELEX: 52012PC0192
Language: en
Date: 2012-04-27
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)

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		52012PC0192
		
			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) /* COM/2012/0192 final - 2012/0095 (NLE) */
			
				
		
		
			
			   	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 dynamic
references to: 
- 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).
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 08-394A,
08-394B, 10-442, 10-443, 10-450A, 10-450B, 11-483 and 11-484 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 08-385,
09-419B, 10-436, 10-437, 10-461, 10-465 and 10-466, 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-SPECIF 08-363,
08-364, 09-412, 10-451, 10-452, 10-459, 11-485, 11-486B, 11-489, 11-490, 11-491
and 11-494 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 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.
2012/0095 (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) 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.
(2)       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 dynamic references to: 
- 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).
(3)       The next meeting of the
General Assembly of the OIV will take place on 22 June 2012. On that occasion,
the General Assembly will examine and possibly adopt Resolutions which will
produce the legal effects referred to.
(4)       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.
(5)       The draft Resolutions
OENO-TECHNO 08-394A, 08-394B, 10-442, 10-443, 10-450A, 10-450B, 11-483 and
11-484 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.
(6)       The draft Resolutions
OENO-SCMA 08-385, 09-419B, 10-436, 10-437, 10-461, 10-465 and 10-466, establish
methods of analysis. In accordance Article 120(g) of Regulation (EC) No 1234/2007,
these resolutions will affect the acquis.
(7)       The draft Resolutions
OENO-SPECIF 08-363, 08-364, 09-412, 10-451, 10-452, 10-459, 11-485, 11-486B,
11-489, 11-490, 11-491 and 11-494 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.
(8)       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.
HAS ADOPTED THIS DECISION: 
Article 1
The position of the Union at the General
Assembly of the OIV in 2012 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
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 on matters which are not yet subject to
a Union position, Member States which are Members of the OIV shall refrain from
voting in the OIV General Assembly. The voting shall be postponed until the
position of the Union is established on the basis of the new elements.
Article 3
This
Decision is addressed to the Member States.
Done at Brussels, 
                                                                       For
the Council
                                                                       The
President
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 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 08-394A, dealcoholisation of
wines
OENO-TECHNO 08-394B, correction of the
alcohol content in wines
OENO-TECHNO 10-442, acidification by treatment
with cation exchangers – must
OENO-TECHNO 10-443, acidification by
treatment with cation exchangers – wine
OENO-TECHNO 10-450A, reduction of the sugar
content in musts
OENO-TECHNO 10-450B, reduction of the sugar
content in musts through membrane coupling
OENO-TECHNO 11-483, de-acidification using
an electromembrane process - musts
OENO-TECHNO 11-484, de-acidification using
an electromembrane process - wines
OENO-SPECIF 08-363, determination of
pectinmethylesterase activity in enzyme preparations
OENO-SPECIF 08-364, determination of
polygalacturonase activity in enzyme preparations
OENO-SPECIF 09-412, determination of
endo-arabinanase α-1,5 activity in pectolytic enzyme preparations
OENO-SPECIF 10-451, addition to the
monograph relating to the activity of ß-d- glucosidase (OENO 5/2007) - codex
OENO-SPECIF 10-452, monograph on yeast
protein extracts (ype) 
OENO-SPECIF 10-459, monograph on
inactivated yeasts 
OENO-SPECIF 11-485, revision of the
monograph on enzymatic preparations (OIV-OENO 365-2009)
OENO-SPECIF 11-486B, revision of the
monograph on determination of cellulase activity (OIV-OENO 8-2008)
OENO-SPECIF 11-489, revision of the monograph
on determination of glycosidase activity (OIV-OENO 5-2007)
OENO-SPECIF 11-490, revision of the
monograph on determination of galactanase activity (OIV-OENO 313-2009)
OENO-SPECIF 11-491, revision of the
monograph on determination of pectinlyase activity (OIV-OENO 314-2009)
OENO-SPECIF 11-494, monograph on lactic
bacteria - revision of the file 
OENO-SCMA 08-385, determination of lysozyme
in wine using high-performance capillary electrophoresis 
OENO-SCMA 09-419B, specific methods for the
analysis of grape sugar (rectified concentrated musts)
OENO-SCMA 10-436, assay of pesticide
residues in wine (by gc/ms or lc/ms-ms) following extraction using the quechers
method
OENO-SCMA 10-437, update of the method for
determining the density of ethanol (method OIV-MA-AS2-01A)
OENO-SCMA 10-461, methods for the
determination of natamycin in wine
OENO-SCMA 10-465, supplement to the method
for determining dry extract (OIV-oeno 387/2009)
OENO-SCMA 10-466, modification of the
method of evaluation by refractometry of the sugar concentration in grapes,
musts, concentrated grape musts and rectified concentrated grape musts (oeno
21/2004)
The Member States acting jointly in the
interest of the Union may agree to minor changes to these draft resolutions
without further decision of the Council.