COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(92) 55 final - SYN 396-397 
Brussels, 21 February 1992 
Proposal for a 
SYN 396 
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 wines, aromatized wine-based 
drinks and aromatized wine-product cocktails 
Proposal for a 
SYN 397 
COUNCIL REGULATION (EEC) 
mding for the first time Regulation (BBC) Bo 1576/89 
laying down general rules on the definition, description 
and presentation of spirit drinks 
(presented by the Commission) 
z 
EXPLANATORY MEMORANDUM 
I. These proposals relate to spirit drinks, aromatized wines, aromatized 
wine-based drinks and aromatized wine-product cocktails, and are intended to 
prohibit, with effect from 1 January 1993, the use of lead-based capsules, in 
order to avoid contamination and environmental pollution. As a transitional 
measure, they authorize the putting up for sale and marketing of such 
products bottled and covered with lead capsules prior to 1 January 1993. 
Given the above objectives, the legal basis for these proposals is Articles 
43 and 100A of the Treaty, as is the case for the Regulations which they are 
intended to amend. They must give rise to a cooperation procedure with the 
Parliament. For information, an identical measure has been drawn up for 
sparkling wines (COM (91) 532 final of 13 December 1991). 
II. These proposals replace the previous proposals, COM (91) 422 final and 423 
final of 31 October 1991, so as to include a transitional provision 
permitting stocks of products conforming to current legislation to be 
exhausted. 
3 
SYN 396 
Proposal for a 
COUNCIL REGULATION (EEC) NO 
Of 
amending for the first time Regulation (EEC) No 1£01/91 
laying down general rules on the definition, description 
and presentation of aromatized wines, aromatized vine-ba^ed 
drinks and aromatized wine-product cocktails 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Econor-.i c Cominur. L'Ly, ?r.d i» 
particualr Articles 43 and 100A thereof, 
Having regard to the proposal from the Commission, 
In cooperation with the European Parliament, 
Having regard to the opinion of the Economic and Social Committee, 
Whereas the use of lead-based capsules or foil as a covering for closing d&vi.--^-
on containers in which aromatized wines, aromatized wire-based drink s ai)d 
aromatized wine-prcduct cocktails are placed on the market should be banned iv, 
order to prevent the risk of contamination, in particular by accidental contact 
with those products, and the risk of environmental pollution by lead Lr, the» 
abovementioned capsules or foil; whereas, however, the manufacturers and ussr- cf 
such capsules and foil should be given time to adjust, and to that end, thn ban 
in question should apply from 1 January 1993 only; whereas, however, the disposal 
of products put up in bottles fitted before that date with lead-based capsules or 
foil must be permitted until stocks are used up, 
HAS ADOPTED THIS REGULATION: 
H 
Article 1 
The following paragraph is hereby inserted in Article 8 of Regulation (EEC) 
No 1601/91: 
"4a. As from 1 January 1993, 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. 
However, the disposal of products in bottles fitted before that date with 
lead-based capsules or foil shall be authorized until stocks are used up.' 
Article 2 
This Regulation shall enter into force on the third day following its publication 
in the Official Journal of the European Communities. 
This Regulation shall be binding in its entirety and directly applicable in all 
Member states. 
Done at Brussels, For the Council 
s 
FINANCIAL STATEMENT 
DATE 
1. BUDGET HEADING: 16 APPROPRIATIONS: ECU 1 581 million 
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: 
Articles 43 and 100A of the Treaty 
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 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 
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? 
6.3 WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY? ND 
ND 
OBSERVATIONS: 
G 
SYN 397 
Proposal for a 
COUNCIL REGULATION (EEC) Mo 
Of 
amending for the first 'tine Regulation (EEC) No 1576/89 
laying down 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, and in 
particular Articles 43 and 100A thereof, 
Having regard to the proposal from the Commission, 
In cooperation with the European Parliament, 
Having regard to the opinion of the Economic and Social committee, 
Whereas the use of lead-based capsules or foil as coverings 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 lead in the 
abovementioned capsules or foil; whereas, however, the manufacturers and users of 
such capsules and foil should be given time to adjust and, to that end, the ban 
in question should apply from 1 January 1993 only; whereas, however, the disposal 
of spirit drinks in bottles fitted before the abovementioned date with lead-based 
capsules or foil must be permitted until stocks are used up, 
HAS ADOPTED THIS REGULATION: 
* 9-
Article 1 
The following point is hereby added to Article 7(2) of Regulation (EEC) 
No 1576/89: 
"(e) As from 1 January 1993, 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. 
However, the disposal of spirit drinks in bottles fitted before that date 
with lead-based capsules or foil shall be authorized until stocks are used 
up. " 
Article 2 
This Regulation shall enter into force on the third day following its publication 
in the official Journal of the European Communities. 
This Regulation shall be binding in its entirety and directly applicable in all 
Member States. 
Done at Brussels, For the Council 
8 
F I NANC I AL S TATEMJENT 
DATE: 
1. BUDGET HEADING: 16 APPROPRIATIONS: ECU 1581 mi 11 ion 
2. TITLE: 
Proposal for a Council Regulation amending for the first time Regulation (EEC) No 1576/89 laying down 
general rules on the definition, description and presentation of spirit drinks. 
3. LEGAL BASIS: 
Articles 43 and 1O0A of the Treaty 
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? 
ND 
OBSERVATIONS: 
3 
ISSN 0254-1475 
COM(92) 55 final 
DOCUMENTS 
EN 03 
Catalogue number : CB-CO-92-048-EN-C 
ISBN 92-77-41119-8 
Office for Official Publications of the European Communities 
L-2985 Luxembourg