L 145/12 Official Journal of the European Communities 31.5.2001 COUNCIL REGULATION (EC) No 1037/2001 of 22 May 2001 authorising the offer and delivery for direct human consumption of certain imported wines which may have undergone oenological processes not provided for in Regulation (EC) No 1493/1999 THE COUNCIL OF THE EUROPEAN UNION, (5)  Negotiations are currently underway between the 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 ("), and in particular Article 45(2) thereof, Having regard to the proposal from the Commission, Whereas: (1)  Article 45(2) of Regulation (EC) No 1493/1999, which replaced Regulation (EEC) No 822/87 (3), with effect from 1 August 2000, lays down that the derogations referred to in paragraph 1 for imported products are to be adopted in accordance with the procedure laid down in Article 133 of the Treaty. (2)  Article 68(1) of Regulation (EC) No 1493/1999 lays down that the products referred to in Article 1(2)(a) and (b) of that Regulation may be imported only if they are accompanied by a certificate to the effect that they comply with the provisions governing production, marketing and, where appropriate, delivery for direct human consumption in the third countries in which they originate. (3)  Regulation (EEC) No 1873/84 (}) provides for a deroga- tion authorising the import into the Community of United States wines which have undergone certain oeno- logical processes not provided for by Community rules. For certain oenological processes, this authorisation is only valid until 31 December 2003 at the latest. (4)  Article 81 of Regulation (EC) No 1493/1999 repealed, with effect from 1 August 2000, a number of Council Regulations including Regulation (EEC) No 1873/84. However, Commission Regulation (EC) No 1608/2000 of 24 July 2000 laying down transitional measures pending the definitive measures implementing Regula- tion (EC) No 1493/1999 on the common organisation of the market in wine (*) provides that certain provisions of Regulation (EEC) No 1873/84 are to remain in force until the adoption of this Regulation by the Council, but not later than 31 December 2003. () OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Regula- tion (EC) No 2826/2000 (O] L 328, 23.12.2000, p. 2.. () Of L 84, 27.3.1987, p. 1. (’) OJ L 176, 3.7.1984, p. 6. Regulation as last amended by Regulation (EC) No 2839/1998 (O] L 354, 30.12.1998, p. 12). (*) OJ L 185, 25.7.2000, p. 24. Regulation as last amended by Regula- tion (EC) No 491/2001 (OJ L 71, 13.3.2001, p. 3). Community, represented by the Commission, and the United States of America with a view to concluding an agreement on trade in wine. These involve in particular the respective oenological processes of both parties, as well as the protection of geographical indications. At its meeting on 23 October 2000, the Agriculture Council took note of the Commission's report on the nego- tiations provided for in the second subparagraph of Article 1(1) of Regulation (EEC) No 1873/84 and confirmed its wish to make headway in the negotiations and to set out the approach to be followed in them. (6)  With a view to ensuring the smooth progress of these negotiations, the provisions of Regulation (EEC) No 1873/84 should be extended and the United States oenological processes referred to in 1(b) of the Annex to Regulation (EEC) No 1873/84 should continue to be authorised on a transitional basis until the entry into force of the agreement resulting from the negotiations, but not later than 31 December 2003, as agreed by the Council in Regulation (EC) No 2839/98, amending Regulation (EEC) No 1873/84. (7)  In view of developments in the regulatory framework and in oenological processes, technical aspects of the Annex should be updated to make it consistent with the current rules in force in this area, HAS ADOPTED THIS REGULATION: Article 1 1. Notwithstanding Article 45(1) of Regulation (EEC) No 1493/1999, it shall be permitted to offer or deliver for direct human consumption in the Community products falling within CN codes 2204 10, 2204 21, 2204 29 and 2204 30 10 and derived from grapes harvested and vinified on the territory of the United States of America for which, in accordance with United States provisions, one or more of the oenological processes listed in 1(a) and (b) of the Annex to this Regulation may have been used during manufacturing or storage opera- tions. However, this authorisation shall be valid, as regards use of the oenological processes listed in 1(b) of the Annex, only until the entry into force of the agreement resulting from the nego-