Explanatory Memorandum to COM(2017)457 - EU position in the International Organisation for Vine and Wine

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dossier COM(2017)457 - EU position in the International Organisation for Vine and Wine.
source COM(2017)457 EN
date 29-08-2017


1. SUBJECT MATTER OF THE PROPOSAL

The present proposal concerns the decision establishing the position to be adopted on behalf of the Union in the International Organisation for Vine and Wine (OIV) in connection with the envisaged adoption of decision granting a particular status to the Union in the OIV.

2. CONTEXT OF THE PROPOSAL

2.1The Agreement establishing the International Organisation of Vine and Wine

The Agreement establishing the International Organisation of Vine and Wine signed in Paris on 3 April 2001 (‘the Agreement’) aims to establishing the OIV which replaces the International Vine and Wine Office. The agreement entered into force on 1 January 2004.

20 Member States are parties to the Agreement. 1

2.2The OIV

The OIV is an intergovernmental scientific and technical organisation active in the sector of vines, wine and other vine products.

OIV contributes to the international harmonisation of existing practices and standards related to wine, by drawing up resolutions in the following areas:

– conditions for grape production;

– oenological practices;

– the definition and/or the description of products, labelling, and marketing conditions;

– methods for the analysis and assessment of vine products.

2.3The envisaged decision of the OIV

This is not an initiative within the Regulatory Fitness Programme (REFIT).

On 20 October 2017, during its 16th General Assembly, the OIV is to adopt a decision regarding the granting of a particular status to the Union in the OIV (‘the envisaged act’).

The Union has no official status in the OIV. The purpose of the envisaged act is to reinforce and formalise the role of the Union in the OIV.

3. POSITION TO BE ADOPTED ON BEHALF OF THE UNION

3.1Reasons and objectives of the position

On 1 October 2015, the Council authorised the Commission to launch exploratory talks with the OIV with a view to obtaining a particular status for the Union, in accordance with Article 4 of the Rules of Procedure of the OIV.

Since the Union currently has no official status in the OIV the Commission representatives are only invited on an informal basis to attend the meetings of expert groups, commissions and sub-commissions but are not allowed to attend the meetings of the Executive Committee. They are sometimes invited to attend (without being able to intervene in) the General Assembly, where resolutions are adopted by the members of the OIV. The Union does not pay any contribution to the OIV.

This limited participation does not allow the Commission to be fully informed about the development of new resolutions.

Given the legal effects that may have some OIV resolutions and considering the Union competences in most of the areas covered by the OIV, the purpose of the envisaged act is to reinforce and formalise the role of the Union in the OIV.

This status would allow the Commission, as representative of the Union under Article 17 of the TEU, to be fully informed of the development of new resolutions, be able to coordinate the common position of the EU with respect to these resolutions, intervene in - on behalf of the Union and on a formal basis - the work of the commissions and sub-commissions and expert groups, attend the meetings of the General Assembly and those of the Executive Committee. This would ensure a single EU representation within the OIV, without calling into question the role within the OIV of scientific experts from EU Member States.

Moreover, the granting of this status would allow EU representatives to have access - under the same conditions as OIV members - to all OIV documents. This will facilitate the preparation of future decisions that the Council will have to take under Article 218(9) of the TFEU, before the vote of resolutions in the General Assembly of OIV.

In light of the above, it should be proposed to the OIV to grant to the Union the particular status provided for in Article 4 of the Rules of Procedure of the OIV. The Commissioner responsible for agriculture and rural development will have the power to sign the exchange of letters on behalf of the Commission and under its responsibility.

3.2Consistency with existing policy provisions in the policy area

Although the resolutions of the OIV are not in themselves binding at EU-level under Regulation (EU) No 1308/2013, some of the resolutions adopted and published by the OIV may have legal effect. As regards wine products, the EU law refers to the OIV in the following provisions:

–Article 80(5) of the CMO Regulation, providing that the methods of analysis for wine shall be based on methods recommended and published by the OIV unless they would be ineffective or inappropriate in view of the objective pursued by the Union;

–Article 9 of Commission Regulation (EC) No 606/2009 on oenological practices, according to which the purity and identification specifications of substances used in the oenological practices shall be those laid down and published in the International Oenological Codex of OIV;

–Article 80(3)(a) of the CMO Regulation which provides that the Commission must take into account enological practices adopted and published by the OIV when it authorises such practices;

–Article 90(2) of the CMO Regulation according to which imported wine products must be produced in accordance with oenological practices authorised by the Union or in accordance with oenological practices recommended by the OIV; and

–Article 3 of Regulation (EC) No 2870/2000 establishing that in the absence of methods of analysis laid down by the Union for the detection and quantification of substances contained in certain spirit drinks, the methods of analysis recognised by the OIV may be used.

Considering that OIV resolutions may have legal effects and that the Union has exclusive competence in those areas, the Council must take, under Article 218(9) of the TFEU, a common position on behalf of the EU before these resolutions are voted in the OIV. The particular status of the EU within OIV will facilitate the preparation of such position.

3.3Consistency with other Union policies

The OIV resolutions may relate also to subjects which are covered by horizontal EU provisions, such as food information to consumers and use of additives in foodstuffs.

It is important that the particular status is granted to the EU, thus enabling EU representatives to have access to all OIV documents and verify any incostistency of OIV resolution with EU law and possible legal effects.

4. LEGAL BASIS

4.1.    Procedural legal basis

4.1.1.    Principles

Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, with the exception of acts supplementing or amending the institutional framework of the agreement.’

Article 218(9) TFEU applies regardless of whether the Union is a member of the body or a party to the agreement at issue.

The notion of ‘acts having legal effects’ includes acts that have legal effects by virtue of the rules of international law governing the body in question. It also includes instruments that do not have a binding effect under international law, but that are ‘capable of decisively influencing the content of the legislation adopted by the EU legislature’.

4.1.2.    Application to the present case

The OIV is a body set up by an agreement, namely the Agreement establishing the International Organisation of Vine and Wine.

Considering that OIV resolutions may have legal effects and that the Union has exclusive competence in those areas the act which the OIV is called upon to adopt concerns direclty the interests of the Union.

The envisaged act does not supplement or amend the institutional framework of the agreement.

The procedural legal basis for the proposed decision, therefore, is Article 218(9) TFEU.

4.2.    Substantive legal basis

4.2.1.    Principles

The substantive legal basis for a decision under Article 218(9) TFEU depends primarily on the objective and content of the envisaged act in respect of which a position is adopted on behalf of the Union. If the envisaged act pursues two aims or has two components and if one of those aims or components is identifiable as the main one, whereas the other is merely incidental, the decision under Article 218(9) TFEU must be founded on a single substantive legal basis, namely that required by the main or predominant aim or component.

4.2.2.    Application to the present case

The main objective and content of the envisaged act relate to the common agricultural policy.

The substantive legal basis of the proposed decision, therefore, is Article 43 TFEU.

4.3.    Conclusion

The legal basis of the proposed decision should be Article 43 TFEU in conjunction with Article 218(9) TFEU.