Foodlaw-Reading
Dr David Jukes, The University of Reading, UK
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Commission Consultation, 21 December 2018
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COMMISSION IMPLEMENTING REGULATION (EU) …/... of XXX laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards analysis methods for determining the physical, chemical and organoleptic characteristics of grapevine products and notifications of Member States decisions concerning increases in natural alcoholic strength A copy of this draft is available on this site (click on image). In addition the draft Annex is available in a separate file - see: Oenological Practices (Imp) - Annex. For more details, see the consultation page at: hhttps://ec.europa.eu/info/law/better-regulation/initiatives/ares-2018-6604155_en. Consultation closes 18 January 2019. |
The following are the recitals from the draft regulation:
Regulation (EU) No 1308/2013 repealed and replaced Council Regulation (EC) No 1234/2007 [see note 1 below]. Section 1 of Chapter I of Title II of Part II of Regulation (EU) No 1308/2013 lays down rules on the categories of grapevine products, oenological practices and the applicable restrictions and empowers the Commission to adopt delegated and implementing acts in that respect. In order to ensure the smooth functioning of the wine market in the new legal framework, certain rules have to be adopted by means of such acts. Those acts should replace the provisions of Commission Regulation (EC) No 606/2009 [see note 2 below] which is repealed by Commission Delegated Regulation (EU) [see note 3 below] [oenological Delegated Regulation].
Pursuant to Article 80 of Regulation (EU) No 1308/2013 the analysis methods for determining the physical, chemical and organoleptic characteristics of grapevine products and the rules for checking whether those products have been subjected to processes in violation of authorised oenological practice should be those recommended and published by the International Organisation of Vine and Wine (OIV) in the Compendium of International Methods of Analysis of Wines and Musts, unless they would be ineffective or inappropriate in view of the objective pursued by the Union.
Where special analysis methods are necessary for certain Union grapevine products and they have not been established by the OIV, those special methods should be laid down in the Annex to this Regulation.
Point 3 of Section A of Part I of Annex VIII of Regulation (EU) No 1308/2013 sets out an obligation for Member States to notify the Commission of any increase in the limits laid down in point 2 of that Section. Details concerning the submission of this information by Member States to the Commission should be laid down.
The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,
Notes:
1. Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organization of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (OJ L 299, 16.11.2007, p. 1).
2. 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, 24.7.2009, p. 1).
3. Commission Delegated Regulation (EU) …/… of […] [...] (OJ L […]).
See also related news item: 21 December 2018 HYGIENE - Commission Consultation: Oenological practices authorised in the European Union (delegated rules)
