Europaudvalget 2005
KOM (2005) 0437
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COMMISSION OF THE EUROPEAN COMMUNITIES
Brussels, 20.09.2005
COM(2005) 437 final
Proposal for a
COUNCIL REGULATION
amending Regulation (EC) No 527/2003 authorising the offer and delivery for direct
human consumption of certain wines imported from Argentina which may have
undergone oenological processes not provided for in Regulation (EC) No 1493/1999
(presented by the Commission)
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EXPLANATORY MEMORANDUM
Wines originating in third countries which have undergone oenological processes not allowed
by Community rules may not, except by way of derogation to be decided by the Council, be
offered for direct human consumption in the Community. The derogation procedure is
provided for in Article 45(2) of Regulation (EC) No 1493/1999 on the common organisation
of the market in wine. Malic acid may be added to wine originating in Argentina to correct
acidity, and while this oenological process is permitted in Argentina, it is prohibited in the
European Union.
Negotiations concerning, in particular, the mutual recognition of the respective oenological
practices and processes of both parties are being conducted between the Community,
represented by the Commission, and Mercosur, which includes the Republic of Argentina, in
the context of overall negotiations for an agreement on trade in wines. These negotiations
started in 2002 and are still ongoing. To demonstrate the Commission's positive and
constructive approach to these negotiations and in order to avoid any possible difficulties on
trade, the provisional authorisation of this oenological process, which is important for certain
Argentinean wines, should be extended until the entry into force of the agreement resulting
from the negotiations, and no later than 31 December 2006. The agreement should,
specifically, provide for Argentina to be able to use this process permanently.
The Commission is proposing to authorise the presence of malic acid in wine imported from
Argentina into the Community, until the end of the ongoing negotiations between the
Community and Mercosur (including the Republic of Argentina), with a view to concluding,
if possible, an agreement on trade in wines.
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Proposal for a
COUNCIL REGULATION
amending Regulation (EC) No 527/2003 authorising the offer and delivery for direct
human consumption of certain wines imported from Argentina which may have
undergone oenological processes not provided for in Regulation (EC) No 1493/1999
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common
organisation of the market in wine
1
, and in particular Article 45(2) thereof,
Having regard to the proposal from the Commission,
2
Whereas:
(1)
By way of derogation from Article 45(1) of Regulation (EC) No 1493/1999, Council
Regulation (EC) No 527/2003
3
authorises imports into the Community of wine
produced in Argentina which has undergone oenological processes not provided for in
the Community rules. That authorisation is due to expire on 30 September 2005.
Negotiations are still ongoing between the Community, represented by the
Commission, and Mercosur, which includes Argentina, on an agreement on trade in
wines. These negotiations concern, in particular, the respective oenological practices
and processes used by both parties and the protection of geographical indications.
In order to facilitate the progress of the negotiations, the derogation allowing malic
acid to be added to wine produced in Argentina and imported into the Community
should be extended until the entry into force of the agreement resulting from the
negotiations, and no later than 31 December 2006.
Regulation (EC) No 527/2003 should therefore be amended accordingly
(2)
(3)
(4)
1
2
3
OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Commission Regulation (EC) No 1795/2003
(OJ L 262, 14.10.2003, p. 13).
OJ C […] […], p. […]
OJ L 78, 25.3.2003, p. 1. Regulation as last amended by Regulation (EC) No 2067/2004 (OJ L 358,
3.12.2004, p. 1).
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HAS ADOPTED THIS REGULATION:
Article 1
In the second subparagraph of Article 1(1) of Regulation (EC) No 527/2003, "30 September
2005" is hereby replaced by "31 December 2006".
Article2
This Regulation shall enter into force on the day of its publication in the
Official Journal of
the European Union.
It shall apply from 1 October 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,
For the Council
The President
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