COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(91)348 final 
Brussels, 27 September 1991 
Proposal for a 
COUNCIL REGULATION (EEC) 
laying down rules for the description and 
presentation of special wines 
(presented by the Commission) 
& 
EXPLANATORY MEMORANDUM 
The capsules containing lead which are used to cover the closing devices of the 
containers in which liqueur wines, semi-spark Iing wines and aerated semi-
sparkling wines are supplied to the final consumer are suspected of being one of 
the causes of contamination where traces of lead are found in the wine. The 
capsules contribute to the pollution of the environment when disposed of as waste 
and could hamper Community wine exports to certain non-member countries. Their 
use should consequently be banned. 
For wines other than special wines, Council Regulation (EEC) No 2356/91 bans the 
use of capsules containing lead. For sparkling wines and aerated sparkling 
wines, Regulation (EEC) No 2357/91 imposes a similar ban. To allow the users and 
manufacturers of the capsules a period to adjust, transitional arrangements 
should be made for them to continue to be used and for wines put up in containers 
fitted with such capsules to be kept for sale, and put on sale. 
The adoption of this proposal for a Council Regulation has no financial 
implications for the Community budget. 

Proposal for Council Regulation (EEC) No 
of 
laying down rules for the description and 
presentation of special'wines 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic Community, 
Having regard to the proposal from the Commission, 
Having regard to Council Regulation (EEC) No 822/87 of 16 March 1987 on the 
common organization of the market in wine(1), as last amended by Regulation 
(EEC) No 1734/91<2>, and in particular Article 72(1) thereof. 
Whereas Council Directive 79/112/EEC of 18 December 1987 on the approximation of 
the laws of the Member States relating to the labelling, presentation and 
advertising of foodstuffs for sale to the ultimate consumer*3), as last amended 
by Directive 89/395/EEC^4^, provides for the introduction of the principle of 
the compulsory indication of the actual acIoho lie strength of all alcoholic 
beverages; whereas, on the other hand, in Article 10a thereof it provides for 
the determination, by specific provisions, of detailed rules governing the 
indication of the alcoholic strength by volume on the labelling of products 
falling within CN code 2204; 
Whereas the description of liqueur wines, semi-sparkling wines and aerated 
semi-sparkling wines is not regulated by Council Regulation (EEC) 2392/89 of 24 
July 1989 laying down general rules for the description and presentation of 
wines and grape musts(5), as last amended by Regulation (EEC) No 2356/91(6), 
nor by Council Regulation (EEC) No 3309/85 of 18 November 1985 laying down 
general rules for the description and presentation of sparkling wines and 
aerated 
(1) 0J No L 84, 27. 3.1987, p. 1. 
(2) 0J No L 163, 26. 6.1991, p. 6. 
(3) 0J NO L 33, 8. 2.1979, p. 1. 
(4) 0J No L 186, 30. 6.1989, p. 17. 
(5) 0J No L 232, 9. 8.1989, p. 13. 
(6) 0J NO L 216, 3. 8.1991, p. 1. 
H 
sparkling wines*7), as last amended by Regulation (EEC) No 2357/91*8); 
whereas specific rules should be laid down for the indication of the alcoholic 
strength by volume on the labelling of such wines; 
Whereas the use of lead to cover the closing devices of containers in which 
wines or grape musts are marketed should be banned, firstly, in order to avoid 
any risk of contamination in patricular by accidental contact with those 
products, and secondly to avoid any risk of environmental pollution from waste 
containing lead from the aforementioned capsules; 
Whereas, however, to allow the manufacturers and users of these capsules a 
period to adjust, this ban should be applied from 1 January 1993; 
Whereas Council Regulation (EEC) No 1627/86 of 6 May 1986 laying down rules for 
the description of special wines with regard to the indication of alcoholic 
strength*9^ should be repealed; 
HAS ADOPTED THIS REGULATION: 
Article 1 
1. The description on the labelling of liqueur wines, semi-spark Iing wines and 
aerated semi-sparkIing wines, as referred to in Annex I to Regulation (EEC) 
No 822/87 and Article 2 of Regulation (EEC) No 2391/89*10), shall include 
the actual alcoholic strength by volume. 
2. The actual alcoholic strength by volume shall be indicated in accordance 
with the conditions laid down in the implementing provisions. 
Art icle 2 
Capsules or foils containing lead shall not be used to cover the closing devices 
on liqueur wines, semi-sparkIing wines or aerated semi-sparkIing wines. 
(7) OJ NO L 320, 29.11.1985, p. 9. 
(8) OJ NO L 216. 3. 8.1991, p. 2. 
(9) OJ NO L 144, 29. 5.1986, p. 4. 
(10) OJ No L 232, 9. 8.1989, p. 10. 
r 
Art icle 3 
1. Regulation (EEC) No 1627/86 is hereby repealed. 
2. References to the repealed Regulation shall be understood to be references 
to this Regulation and are to be interpreted in accordance with the table 
of equivalence set ou in the Annex hereto. 
Art icle 4 
This Regulation shall enter into force on the day of its publication in the 
Official Journal of the European Communities. 
Article 2 shall apply with effect from 1 January 1993. 
This Regulation shall be binding in its entirety and directly applicable in all 
Member States. 
Done at Brussels, 
For the CounciI 
ANNEX 
Regulation (EEC) No 1627/86 This Régulât ion 
Article 1 
Art icle 4 Article 1 
Article 2 
Article 3 
4 
FINANCIAL STATEMENT 
1. BUDGET HEADING: 16 APPROPRIATIONS: ECU 1.581 million 
2. TITLE: 
Proposal for a Council Regulation laying down certain rules on the designation and presentation of 
special wines 
3. LEGAL BASIS: Council Regulation (EEC) No 822/87 
4. AIMS OF PROJECT: 
To ban the use of lead capsules for special wines and to make provision for transitional periods during 
which lead capsules may be used for wine not fal I ing within the category of special wines 
5. FINANCIAL IMPLICATIONS 
5.0 EXPENDITURE 
- CHARGED TO THE EC BUDGET 
- (REFUNDS/INTERVENT ION) 
- NATIONAL ADMINISTRATION 
- OTHER 
5.1 REVENUE 
- OWN RESOURCES OF THE EC 
(LEVIES/CUSTOMS DUTIES) 
- NATIONAL Period of 12 months 
ECU mi 11 ion Current Financial Year 
1991 
ECU mi 11 ion Following Financial Year 
1992 
ECU mi 11 ion 
1993 
5.0.1 ESTIMATED EXPENDITURE 
5.1.1 ESTIMATED REVENUE 1994 1995 1996 
5.2 METHOD OF CALCULATION: 
6.0 CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE RELEVANT CHAPTER OF THE CURRENT BUDGET? 
YES 
6.1 CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE CURRENT BUDGET? 
YES 
6.2 IS A SUPPLEMENTARY BUDGET NECESSARY? 
NO 
6.3 WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY? 
NO 
OBSERVATIONS: 
FICHE D'IMPACT 
OBJET: Règlement Conseil établissant certaines règles pour la 
désignation et la présentation de vins spéciaux. 
Cette mesure n'a pas d'impact sur les PME et l'emploi. 
Diese MalBnahme hat weder Auswirkungen auf Klein- und Mittelbetriebe 
noch auf die Beschàftigungslage. 
This measure has no impact on the small and medium-sized businesses and 
employment. 

ISSN 0254-1475 
COM(91) 348 final 
DOCUMENTS 
EN 03 
Catalogue number : CB-CO-91-400-EN-C 
ISBN 92-77-75798-1 
Office for Official Publications of the European Communities 
L-2985 Luxembourg