Considerations on COM(2019)246 - EU position in the International Organisation for Vine and Wine (OIV)

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dossier COM(2019)246 - EU position in the International Organisation for Vine and Wine (OIV).
document COM(2019)246 EN
date June  4, 2019
 
(1) The International Organisation of Vine and Wine (OIV) will examine and possibly adopt resolutions which will affect Union law in its next General Assembly of 19 July 2019. The Union is not a member of the OIV. However, the OIV has granted to the Union, on 20 October 2017, the particular status provided for in Article 4 of the Rules of Procedure of the OIV.

(2) 20 Member States are members of the OIV. Those Member States have the possibility to propose amendments to the draft OIV resolutions and will be asked to adopt some of the draft OIV resolutions in the next OIV General Assembly on 19 July 2019.

(3) 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.

(4) Pursuant to Regulation (EU) No 1308/2013 of the European Parliament and of the Council 5 and Commission Regulation (EC) No 606/2009 6 , certain resolutions adopted and published by the OIV affect Union law.

(5) Article 80(3)(a) of Regulation (EU) No 1308/2013 provides that the Commission is to take into account the oenological practices and methods of analysis recommended and published by the OIV when it authorises oenological practices.

(6) Article 80(5) of Regulation (EU) No 1308/2013 provides that the Commission, when laying down methods of analysis for determining the composition of the products of the wine sector, is to base those methods on any relevant methods recommended and published by the OIV, unless they would be ineffective or inappropriate in view of the objective pursued by the Union.

(7) Article 90(2) of Regulation (EU) No 1308/2013 provides that products of the wine sector imported into the Union are to be produced in accordance with oenological practices authorised by the Union pursuant to that Regulation or, prior to that authorisation, produced in accordance with oenological practices recommended and published by the OIV.

(8) Article 9 of Regulation (EC) No 606/2009 provides that, where they are not laid down by the Commission, the purity and identification specifications of substances used in oenological practices are to be those laid down and published by the OIV.

(9) Draft Resolution OENO-MICRO 16-594A establishes a new oenological practice. Draft Resolution OENO-MICRO 17-611 updates the objectives of an existing oenological practice. In accordance with Article 80(3)(a) and Article 90(2) of Regulation (EU) No 1308/2013, and with Article 9 of Regulation (EC) No 606/2009, these Resolutions will have legal effect on Union law.

(10) Draft Resolutions OENO-TECHNO 15-586, 17-612 and 17-613 update the applications and objectives of the corresponding oenological practices. Draft Resolution OENO-TECHNO 18-633 adds the use of a new substance to carry out the existing oenological practice. Draft Resolution OENO-TECHNO 17-616 establishes a new oenological practice for wine production. In accordance with Article 80(3)(a) and Article 90(2) of Regulation (EU) No 1308/2013, these Resolutions will have legal effect on Union law.

(11) Draft Resolutions OENO-SPECIF 17-617, 18-646 and 18-650 update the monographs that establish the purity and identification specifications of substances used in oenological practices. In accordance with Article 80(3)(a) and Article 90(2) of Regulation (EU) No 1308/2013, and with Article 9 of Regulation (EC) No 606/2009, these Resolutions will have legal effect on Union law.

(12) Draft Resolutions OENO-SCMA 16-596, 17-619, 17-621 and 17-622 establish new methods of analysis. Draft Resolution OENO-SCMA 18-638 establishes a new method of analysis and fixes a new limit as regards the presence of lead in wine. 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.

(13) These draft resolutions have been extensively discussed between scientific and technical experts of the wine sector. They contribute to the international harmonisation of the wine standards and will set a framework which will ensure fair competition in the trading of products of the wine sector. They should therefore be supported.

(14) 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.