COMVIISSION OF THE EUROPEAN COMVIUNITIES 
C0M(91) 422 final 
Brussels, 31 October 1991 
Proposal for a 
COUNCIL REGULATION (EEC) 
ft amending for the first tine Regulation (EEC) No 1576/89 
laying down general rules on the definition, description 
and presentation of spirit drinks 
S&sfr 
SN%S> (presented by the Commission) 
EXPLANATORY MEMORANDUM 
Capsules containing lead used to cover closing devices on containers in which 
spirit drinks are supplied to the final consumer are suspected of being one of 
the causes of traces of lead found in such products. Waste from such capsules 
contributes towards environmental pollution. They are likely to hamper the 
export of such wine to certain non-member countries. The use of such capsules 
should accordingly be banned. 
To allow users and manufacturers of capsules to adjust to this ban, provision 
should be made for transitional periods during which lead capsules may continue 
to be used and spirit drinks put up in containers covered by such capsules may 
continue to be held with a view to sale and placed on the market. 
The adoption of this proposal for a Regulation by the Council has no financial 
implications for the Community budget. 
proposal for a 
COUNCIL REGULATION (EEC) No /91 
Of 1991 
amending for the first time Regulation (EEC) No 1576/89 
general rules on the definition» description 
and presentation of spirit drinks 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic Community, 
Having regard to Council Regulation (EEC) No 1576/89 of 29 May 1989 laying down 
general rules on the definition, description and presentation of spirit 
drinks (D, 
Having regard to the proposal from the Commission, 
Whereas the use of capsules or foil containing lead as a covering for closing 
devices on containers in which spirit drinks are placed on the market should be 
banned In order to prevent the risk of contamination, In particular by 
accidental contact with those products, and the risk of environmental pollution 
by waste containing lead from the abovementioned capsules or foil; whereas, 
however, provision should be made for a period to adjust for the manufacturers 
and users of such capsules and foil, and to that end, the ban in question should 
apply from 1 January 1993 only, 
HAS ADOPTED THIS REGULAT 
(1) OJ No L 160, 12.6.1989, p. 1. 
Article 1 
The following point is hereby added to Article 7(2) of Regulation (EEC) 
No 1576/89: 
"(e) Bottled spirit drinks covered by this Regulation may only be held with a 
view to sale or placed on the market in containers fitted with closing 
devices not covered by lead-based capsules or foil." 
Article 2 
This Regulation shall apply from 1 January 1993. 
This Regulation shall be binding in its entirety and directly applicable in all 
Member States. 
Done at Brussels, For the Council 
FINANCIAL S TATEMENT 
DATE: 
1. BUDGET HEADINS: 16 APPROPRIATIONS: ECU 1581 mi 11 ion 
2. TITLE: 
Proposal for a Council Regulation amending for the first time Regulation (EEC) Kb 1576/89 laying down 
general rules on the definition, description and presentation of spirit drinks. 
3. LEGAL BASIS: 
Council Regulation (EEC) Kb 1576/89 
4. AIMS OF PROJECT: 
To ban the use of lead on containers of spirit drinks. 
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? 
to 
OBSERVATIONS: 
FICHE D'IMPACT 
Ob let : Règlement Conseil établissant les règles générales relatives à 
la définition, à la désignation et à la présentation des 
boissons spir(tueuses. 
Cette mesure n'a pas d'impact sur les PME et l'emploi. 
Dies MaBnahme hat weder Auswirkungen auf Klein- und Mittelbetriebe noch 
auf die Beschâftigungslage. 
This mesure has no impact on the small and medium-sized businesses and 
employment. 
ISSN 0254-1475 
CÛM(91) 422 final 
DOCUMENTS 
EN 03 
Catalogue number : CB-CO-91-463-EN-C 
ISBN 92-77-76752-9 
Office for Official Publications of the European Communities 
Lr2985 Luxembourg