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O.I.V. 2014
OIV Director General
Jean-Marie Aurand
Conférence Internationale AIDV – Beaune 24 octobre 2014
What is the role of OIV in resolving
market access issues?
How does this compare with the role played
by the WTO, WIPO, and Codex?
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O.I.V. 2014
Introduction
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O.I.V. 2014
OIV Intergovernmental Organisation
Created 29 Nov 1924
Refunded 3 April 2001
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O.I.V. 2014
in the framework of its competence, the objectives of the O.I.V shall be to submit to its members all proposals, “insofar as they do not
call into question international agreements relating to trade and intellectual property”,
(art 2-1-c-ii – Agreement 3 April 2001)
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O.I.V. 2014
So how the OIV is working
without calling into question international agreements relating to trade and intellectual
property
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O.I.V. 2014
Brief presentation of OIV
OIV process of standardisation
Wine regulations based on OIV
Strategic Plan 2015-2019
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O.I.V. 2014
Brief presentation of OIV
OIV process of standardisation
Wine regulations based on OIV
Strategic Plan 2015-2019
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O.I.V. 2014
MEMBERS: Algeria, Argentina, Armenia, Australia, Austria, Azerbaijan, Belgium, Brazil, Bulgaria, Czech Republic, Chile,
Croatia, Cyprus, Finland, France, FYROM, Georgia, Germany, Greece, Hungary, India, Israel, Italy, Lebanon,
Luxemburg, Malta, Morocco, Moldavia, Montenegro, Netherlands, New Zealand, Norway, Peru, Portugal, Romania,
Russia, Serbia, Slovakia, Slovenia, Spain, South Africa, Sweden, Switzerland, Turkey, Uruguay. OBSERVERS: Municipality of Yantai (China); Ningxia Hui Autonomous region (China).
Member States
46 countries
5 continents
80% of world wine production
Intergovernmental organization of scientific and technical nature
O.I.V. 2014
Establishes standards for all products derived from the vine (grapes, wine,
spirits)
This includes:
Definition of products and their specifications
Oenological practices
Methods of analysis
Labelling rules
Conducts research on emerging topics: impact of climate change,
environmental issues, concerns related to the consumption of wine
Develops statistical analysis of the sector: area under vines; production
(fresh grapes, raisins, wine); trade; consumption
Provides patronage to international scientific conferences or international
wine competitions
Offers master training program «Wine management»
Actions
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O.I.V. 2014
Structures - OIV
GENERAL ASSEMBLY
EXECUTIVE COMMITTEE
SCIENTIFIC AND TECHNICAL COMMITTEE
EXPERTS GROUPS
COMMISSIONS & SUB-COMMISSIONS
STEERING COMMITTEE
OFFICE OF DIRECTOR GENERAL
O.I.V. 2014
SCIENTIFIC AND TECHNICAL
COMMITTEE
President: Claudia Quini
(Argentina)
1st Vice-Pdt: Yves Bénard
(France)
Vice-Pdt : Monika Christmann
(Germany)
Secretary: Jean-Marie Aurand
(Director General of the OIV)
Sub-Commission
« Methods of
analysis »
Commission IV
« Safety and
Health »
Commission III
« Economy and
Law »
Sub-Commission
« Table grapes,
raisins and
unfermented vine
products »
Commission II
« Oenology »
Organisation chart for the Scientific and Technical Committee
Structures - OIV
Commission I
« Viticulture »
O.I.V. 2014
Observers
O.I.V. 2014
Intergovernmental
Organisations
O.I.V. 2014
All mesures in relation with international Trade
1- must not be more restrictive than what is needed
for human health protection
2- must be based on scientific principles and not maintained
without sufficient scientific evidence
3- must be based on international standards
1credo for WTO not create unecessary barriers to trade
3 principles:
O.I.V. 2014
Brief presentation of OIV
OIV process of standardisation
Wine regulations based on OIV
Strategic Plan 2015-2019
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O.I.V. 2014
contribuer à l'harmonisation internationale des pratiques et normes existantes, à l'élaboration, en tant que de besoin, de normes internationales nouvelles afin d'améliorer les conditions d’élaboration et de commercialisation des produits vitivinicoles, et à la prise en compte des intérêts des consommateurs
Objectif
O.I.V. 2014
Consensus shall be the normal method whereby the General Assembly shall adopt draft resolutions of a general, scientific, technical, economic or legal nature, and for the creation or discontinuance of Commissions and Sub-Commissions. The same shall be true for the Executive Committee when it exercises its functions on these issues. Adoption of resolutions: A standard procedure including: 8 steps before final adoption (2 rounds consultation by the member states)
O.I.V. 2014
ADOPTION OF RESOLUTIONS
A STANDARD PROCEDURE
PROPOSAL OF A
MEMBER STATE OR
EXPERT GROUP
COMMITMENT ON
BEHALF OF THE
GOVERNMENTS AND
DRAFTING (EXPERT
GROUP)
Drafting and amendment
of text
Drafting and amendment
of text
1st round of consultation by
Member states and Observers
GENERAL ASSEMBLY
COMMISSION DECISION
Step 1-2
Step 6
Step 7
Step 8
Step 4
If no
consensus
2nd round of consultation by
Member states and Observers
Step 3
Step 5
ADOPTION
{
O.I.V. 2014
International Standardisation
Viticulture
Description of World
Vine Varieties
List of Synonyms
of Vine Varieties
Code of
Descriptive
Characteristics of
Vitis varieties and
species
Pesticide Residues
Authorised Limits
Warning and
blight control
International organisation of
Vine and Wine
International organisation of
Vine and Wine International organisation of
Vine and Wine
International organisation of
Vine and Wine International organisation of
Vine and Wine
O.I.V. 2014
International Standardisation
Oenology
International
Oenological Codex
Compendium of
International Methods
of Analysis of
Wines and Musts
International
Code
of Enological
Practices
International organisation of
Vine and Wine
Compendium of
International Methods
Of Analysis of Spirited
Beverages
Wine,
Nutrition
& Health
International organisation of
Vine and Wine International organisation of
Vine and Wine
International organisation of
Vine and Wine International organisation of
Vine and Wine
O.I.V. 2014
International standard
for the labelling of
wine and spirits of
vitivinicultural origin
Appellation of Origin
Geographical
Indicators
And Brands
Definition and Relations
International
Standard of Wine
Competitions
Situation and World
Statistics for the
Vitiviniculture Sector
Annual Report
International Standardisation
Economy & Law
International organisation of
Vine and Wine International organisation of
Vine and Wine
International organisation of
Vine and Wine International organisation of
Vine and Wine
O.I.V. 2014
OIV Standards
Oenological practices
Specification of oenological
products
Methods of analysis
OIV Guidelines
Synonyms of grape varieties
DIRECT
70% of World
Production of
Wine
IMPLICIT
25% of world production of wine
Bilateral or
multilateral trade
agreements
WWTG REGULATION GB15037-2006
O.I.V. 2014
Brief presentation of OIV
OIV process of standardisation
Wine regulations based on OIV
Strategic Plan 2015-2019
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O.I.V. 2014
• 7 October 2014 the Court of Justice of the EU delivered a judgment containing the following recitals:
• “OIV recommendations are explicitly compared to rules of EU law as regards the methods of analysis for determining the composition of products of the wine sector, the special requirements applicable, in terms of oenological practices, to imports of wine originating from third countries, and the purity and identification specifications of substances used in such practices.” (§61)
• “the recommendations (…) which (…) relate to new oenological practices, methods of analysis for determining the composition of products of the wine sector, or purity and identification specifications of substances used in oenological practices, are capable of decisively influencing the content of the legislation adopted by the EU legislature in the area of the common organisation of the wine markets.” (§63)
• “such recommendations, in particular by reason of their incorporation into EU law (…) have legal effects in that area for the purposes of Article 218(9) TFEU and that the European Union, while not a party to the OIV Agreement, is entitled to establish a position to be adopted on its behalf with regard to those recommendations, in view of their direct impact on the European Union’s acquis in that area.” (§64)
EUCJ Case C-399/12
7 Oct 2014
O.I.V. 2014
MERCOSUR
Mercosur Wine Regulation No. 45/96, Chapter I, Purpose and Scope of
Application:
The Member States shall harmonize their legislation based on the
agreements, regulatory principles and recommendations of the OIV.
Analytical methods and limits allowed for musts and wines: several
methods proposed by the OIV are adopted.
Analytical differences: all products defined and classified in this
regulation shall be analyzed by methods approved and recommended
by the OIV. The responsibility for conducting such analyzes shall be on the
agencies recognized by the Member States.
OIV Standards in
Latin America
O.I.V. 2014
OIV Standards in
Latin America
ARGENTINA: NATIONAL INSTITUTE OF VITIVINICULTURE (INV)
In Argentina, the INV is the organisation which sets the standards and
controls the vitivinicultural activity in all the country.
The INV responds to industry demands and makes a preliminary validation
of the rules adopted by the OIV. Both oenological practices and methods of
analysis are incorporated in the national standards by this procedure.
E.g.: Resolution C.51/11
E.g.: Resolution C.14/10
Approves Chitosan
Approves Carboxymethylcellulose
Both resolutions shall comply with the specifications of the INTERNATIONAL
OENOLOGICAL CODEX
O.I.V. 2014
End of 2000 EU blocked wines coming from Argentina treated with Malic Acid because this oenological practice is not authorised in UE
1/ Request for consultation by Argentina / EU in Sept 2002
Based on WTO Settlement of Dispute EU rules inconsistent with WTO obligation
2/ Main argument the Eu has not taken into account OIV Resolution on Malic acid
« acting inconsistently with its obligation under Art 2.4 of the TBT »
3/ COUNCIL REGULATION (EC) No 527/2003 of 17 March 2003 Whereas The use of malic acid is an oenological practice approved
by the International Organisation of Vine and Wine. By way of derogation, products derived from grapes harvested and vinified in the
territory of Argentina to which malic acid may have been added during manufacturing operations in accordance with Argentine provisions may be offered or
delivered for direct human consumption in the Community.
OIV / WTO / UE
Wines with Malic Acid
O.I.V. 2014
• Article 9 Objection procedure
1. [notification of objection in writing to the notified new or modified oenological practice, process or compositional requirement]
2. Within two months after receiving the notification referred to in paragraph 1, the Contracting Party may seek information or an opinion from the Organisation Internationale de la Vigne et du Vin (OIV) or another relevant international body.
• Article 22 Vine varieties
1. Each Contracting Party agrees to allow in its territory the use by the other Contracting Party of the names of one or more vine varieties, or, where applicable, their synonyms, to describe and present a wine, so long as the following conditions are complied with:
a) the vine varieties or their synonyms appear in the variety classification drawn up by the Organisation International de la Vigne et du Vin (OIV), Union for the Protection of Plan Varieties (UPOV) or International Board for Plant Genetic Resources (IGPBR);
• Joint Declaration on use of production methods
The Contracting Parties will consider further the use of certain production method terms as listed in Annex VIII in light of any recommendations issued by the Organisation Internationale de la Vigne et du Vin (OIV).
EU-Australia Agreement
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O.I.V. 2014
Guidelines on Cooperation between the Codex Alimentarius
Commission and International Intergovernmental Organisations
The Codex Alimentarius Commission may undertake the elaboration of
any standard or related text in cooperation with another international
intergovernmental body or organisation.
Such cooperation may consist of:
a) Cooperation at the initial drafting stages of a Codex standard or
related text;
b) Cooperation through mutual exchange of information and
participation in meetings
Relations between
OIV-Codex Alimentarius
O.I.V. 2014
2005 – Adoption by the OIV of a Code of sound vitivinicultural practices in
order to minimise levels of ochratoxin A in vine-based products
=> 2007 – Adoption by the Codex Alimentarius Commission Code of
practice for the prevention and reduction of Ochratoxin A contamination in
wine (CAC/RCP 63-2007)
Participation to the Committee on Food Additives (CCFA)
=> Elaboration of the GSFA on category 14.2.3 (grape wine) and sub categories
Participation to the Committee on Methods of Analysis (CCMAS)
=> Adoption of the OIV methods for vinegar or other foods
Relations between
OIV-Codex Alimentarius
O.I.V. 2014
Brief presentation of OIV
OIV process of standardisation
Wine regulations based on OIV
Strategic Plan 2015-2019
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O.I.V. 2014
Axes for
Draft SP 2015-2019
5 Strategic axes (long term objectives)
1. Promote sustainable and environmentally friendly vitiviniculture
2. Establish the specifications and the authenticity rules of the
vitivinicultural products / Promote good regulatory practice
3. Understand market trends and supply chain dynamics
4. Contribute to the safety of the consumers and consider their
expectations
5. Strengthen international cooperation and OIV governance
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O.I.V. 2014
Merci de votre attention
Thank you for your attention
www.oiv.int
