COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(91) 423 final 
Brussels, 31 October 1991 
Proposal for a 
COUNCIL REGULATION (EEC) 
amending for the first time Regulation (EEC) No 1601/91 
laying down general rules on the definition, description 
and presentation of aromatized wine-based drinks 
and aromatized wine-product cocktails 
(presented by the Commission) 
£ 
EXPLANATORY MEMORANDUM 
Capsules containing lead used to cover closing devices on containers in 
which aromatized wine-based drinks and aromatized wine-product cocktails 
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 these wines 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 used and aromatized wine-
based drinks and aromatized wine-product cocktails put 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. 
_.._ proposai for a 
COUNCIL REGULATION (EEC) No /91 
of 1991 
amending for the first time Regulation (EEC) No 1601/91 
laying down general rutes on the definition, description 
and presentation of aromatized wine-based drinks 
and aromatized wine-product cocktails 
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 1576/89 of 29 May 1989 laying down 
general rules on the definition, description and presentation of spirit 
dr inks *1), 
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 REGULATION: 
(1) OJ No L 149, 14.6.1991, p. I. 
4 
Art icle 1 
The following point is hereby added to Article 8 of Regulation (EEC) No 1601/91: 
"4a. Bottled products 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." 
Art icle 2 
This Regulation shall apply from 1 January 1993. 
Th is Régulât ion shaI I be binding in its ent i rety and d i rectI y appIicab le in all 
Member States. 
Done at Brussels, For the Counci 
FINANCIAL S TATEMENT 
DATE: 17 September 1991 
BUDGET HEADING: 16 APPROPRIATIONS: ECU 1 581 mi 11 ton 
2. TITLE: 
Proposal for a Council Regulation amending for the first time Regulation (EEC) No 1601/91 laying down 
general rules on the definition, description and presentation of aromatized wines, aromatized wine-based 
drinks and aromatized wine-products cocktails. 
3. LEGAL BASIS: 
Council Regulation (EEC) to 1601/91 
4. AIMS OF PROJECT: 
To ban the use of lead on containers of aromatized wine-product 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 Per iod of 12 months 
ECU mi II ion Current Financial Year 
(1991) ECU mi 11 ion Fol lowing Financial Year 
(1992) ECU mill 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? 
6.2 IS A SUPPLEMENTARY BUDGET NECESSARY? 
6.3 WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY? YES 
NO 
NO 
•'SERVATICNS: 

ISSN 0254-1475 
COM(91) 423 final 
DOCUMENTS 
EN 03 
Catalogue number : CB-CO-91-465-EN-C 
ISBN 92-77-76770-7 
Office for Official Publications of the European Communities 
Lr2985 Luxembourg