Considerations on COM(2014)528 - EU position with regard to certain resolutions to be voted in the framework of the International Organisation for Vine and Wine (OIV)

Please note

This page contains a limited version of this dossier in the EU Monitor.

 
dossier COM(2014)528 - EU position with regard to certain resolutions to be voted in the framework of the International Organisation for Vine and ...
document COM(2014)528 EN
date August 22, 2014
 
(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 45 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.

(2) At EU level, pursuant to Regulation (EU) No 1308/2013 of the European Parliament and of the Council[1], 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[2];

- 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).

(3) The next meeting of the General Assembly of the OIV will take place on 14 November 2014. 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 Resolution OENO-TECHNO 12-504 establishes a new oenological practice. In accordance with Article 80(3)(a) and 90(2) of Regulation (EU) No 1308/2013, this Resolution will affect the acquis.

(6) The draft Resolution OENO-SCMA 03-262 establishes the purity and identification specifications of a substance used in an oenological practice. This oenological practice has 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 Articles 80(3)(a) and 90(2) of Regulation (EU) No 1308/2013, and with Article 9 of Commission Regulation (EC) No 606/2009, this Resolution will affect the acquis.

(7) The draft Resolutions OENO-SCMA 10-457, 10-458, 11-480 and 12-512 establish methods of analysis. In accordance Article 80(3)(a) and (5) of Regulation (EU) No 1308/2013, 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.

(9) 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.