Explanatory Memorandum to COM(2013)243 - EU position on certain resolutions that will be voted on in the International Organisation of Vine and Wine (OIV) - Main contents
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| dossier | COM(2013)243 - EU position on certain resolutions that will be voted on in the International Organisation of Vine and Wine (OIV). |
|---|---|
| source | COM(2013)243  |
| date | 25-04-2013 |
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:
- 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.