Explanatory Memorandum to COM(2020)570 - EU position in the International Organisation for Vine and Wine (OIV) - Main contents
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| dossier | COM(2020)570 - EU position in the International Organisation for Vine and Wine (OIV). |
|---|---|
| source | COM(2020)570  |
| date | 18-09-2020 |
1. Subject matter of the proposal
This proposal concerns the decision establishing the position to be taken on the Union's behalf in the General Assembly of the OIV on 27 November 2020 in connection with the envisaged adoption of OIV resolutions that may produce legal effects on Union law.
2. Context of the proposal
2.1.The Particular status of the EU within OIV
Currently 47 States are members of the OIV, among which 20 are Member States of the Union. The EU is not a member of the OIV. However, since 20 October 2017, the OIV has granted to the Union the particular status provided for in Article 4 of the Rules of Procedure of the OIV, enabling it to intervene in the works of the Commissions, Sub-Commissions and groups of experts and attend the meetings of the General Assembly and the Executive Committee.
2.2.The OIV
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.
2.3.The envisaged act of the OIV
The next General Assembly of OIV will be held in Paris on 27 November 2020. In that context and on the basis of discussions held within the group of experts video-meetings that took place in June 2020, it can be expected that the following resolutions, producing legal effect on Union law, will be on the agenda of the General Assembly for adoption:
–Draft Resolution OENO-TECHNO 19-659 updating the corresponding oenological practices. Draft Resolutions OENO-TECHNO 17-614A, 17-614B and 18-634 establishing new oenological practices. In accordance with Article 80(3)(a) and Article 90(2) of Regulation (EU) No 1308/2013 1 , these Resolutions will have legal effect on Union law;
–Draft Resolution OENO-MICRO 16-594B establishing new oenological practice. In accordance with Article 80(3)(a) and Article 90(2) of Regulation (EU) No 1308/2013, this Resolution will have legal effect on Union law.
–Draft Resolution OENO-SPECIF 18-643 establishing a monograph to determine the identification specifications of absorbent styrene-divinylbenzene beads, draft Resolution OENO-SPECIF 18-644 establishing the identification specifications of calcium sulfate and draft Resolution OENO-SPECIF 18-645 establishing the method of determination of the mean molecular mass of potassium polyaspartate. In accordance with Article 80(3)(a) and Article 90(2) of Regulation (EU) No 1308/2013 and with Article 9 of Commission Delegated Regulation (EU) 2019/934 2 , these Resolutions will have legal effect on Union law.
–Draft Resolutions OENO-SCMA 17-618 and 17-620 establishing new methods of analysis. In accordance with Article 80(3)(a) and Article 80(5) of Regulation (EU) No 1308/2013, these Resolutions will have legal effect on Union law.
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 producing legal effects on Union law 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 or amend the present proposal to enable the Council to adopt the position to be taken also for these Resolutions.
3. Position to be taken on the Union's behalf
The draft Resolutions that will be submitted to the vote of the next General Assembly of OIV have been extensively discussed between scientific and technical experts of the wine sector. They contribute to the international harmonisation of the wine standards and they will set a framework which will ensure fair competition in the trading of wine sector products. They should therefore be supported.
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.’
Article 218(9) TFEU applies regardless of whether the Union is a member of the body or a party to the agreement 3 .
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’ 4 .
4.1.2.Application to the present case
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. Currently 47 States are members of the OIV, among which 20 are Member States of the Union. The EU is not a member of the OIV. However, since 20 October 2017, the OIV has granted to the Union the particular status provided for in Article 4 of the Rules of Procedure of the OIV, enabling it to intervene in the works of the Commissions, Sub-Commissions and groups of experts and attend the meetings of the General Assembly and the Executive Committee.
Pursuant to Regulation (EU) No 1308/2013 of the European Parliament and of the Council and Commission Delegated Regulation (EU) 2019/934, certain resolutions adopted and published by the OIV have legal effect on EU law. 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.
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 of the envisaged draft Resolutions relates to the harmonisation of wine standards and thus to the implementation of a common agriculture policy. Therefore, the substantive legal basis of the proposed decision comprises Article 43 of the TFEU.
4.3.Conclusion
The legal basis of the proposed decision should be Article 43, in conjunction with Article 218(9) TFEU.
5. Publication of the envisaged act
Not applicable