Considerations on COM(2013)243 - EU position on certain resolutions that will be voted on in the International Organisation of Vine and Wine (OIV)

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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).
document COM(2013)243 EN
date April 25, 2013
 
(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 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).

(3) Similarly, pursuant 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 (EC) No 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.

(4) The next meeting of the General Assembly of the OIV will take place on 8 June 2013. On that occasion, the General Assembly will examine and possibly adopt Resolutions which will produce the legal effects referred to.

(5) 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.

(6) 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.

(7) 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.

(8) 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.

(9) 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.

(10) 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.

(11) 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 substance thereof.