COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 07.12.1998 
COM( 1998)730 final 
Proposal for a 
COUNCIL REGULATION (EC) 
amending Regulation (EEC) No 2390/89 laying down general rules for the import of 
wines, grape juice and grape must 
Proposal for a 
COUNCIL REGULATION (EC) 
amending Regulation (EEC) No 1873/84 authorising the offer or disposal for direct 
human consumption of certain imported wines which may have undergone oenological 
processes not provided for in Regulation (EEC) No 822/87 
(presented by the Commission) 

ttYPl ANATORY MEMORANDUM 
The import into the Community of wine products originating in third countries is subject, 
inter alia, to the presentation of a certificate of origin and conformity and an analysis 
report to be drawn up by official bodies and laboratories in the third country of origin. In 
order to facilitate the import of such products the Commission in 1984 introduced 
derogations into the Community rules authorising a degree of flexibility in the 
establishment of the certificate and the analysis report provided that the third countries in 
question offered special guarantees accepted by the Community. The relevant derogation 
for the United States of America expires on 31 December 1998. 
In addition, wines originating in third countries which have undergone oenological 
practices not accepted in the Community may not be offered for direct human 
consumption in the Community without an express derogation to be adopted by the 
Council. Such a derogation is currently granted to wines originating in the United States 
which have undergone certain oenological processes permitted in that country but banned 
in the Community. That derogation also expires on 31 December 1998. 
The Commission proposes to extend the derogations once more, until the end of the 
negotiations currently going on between the Community and the United States with'a 
view to the conclusion of an agreement on trade in wine. The Commission undertakes to 
keep the Council regularly informed of the progress of the negotiations. 
The financial impact of the above measures on the Community budget is negligible. 
Proposai for a 
COUNCIL REGULATION (EC) No 
of 
amending Regulation (EEC) No 2390/89 laying down general rules for the import of 
wines, grape juice and grape must 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, 
Having regard to Council Regulation (EEC) No 822/87 of 16 March 1987 on the 
common organisation of the market in wine1, as last amended by Regulation (EC) 
No 1627/982, and in particular Article 70(2) thereof, 
Having regard to the proposal from the Commission, 
Whereas Article 1(2) and Article 2 of Council Regulation (EEC) No 2390/893, as last 
amended by Regulation (EC) No 2611/974, provide for import facilities for wine products 
originating in third countries which offer specific guarantees through the provision of a 
certificate of origin and conformity and an analysis report; whereas Article 3(2) of that 
Regulation limits those facilities to a trial period expiring on 31 December 1998; 
1 OJL 84,27.3.1987, p. 1. 
2 OJL 186,16.7.1998, p. 9. 
3OJL232, 9.8.1989,p. 1. 
4 OJL 353,24.12.1997, p. 1. 
3 
Whereas negotiations arc currently under way between the Community, represented by 
the Commission, and the United States of America, with a view to reaching an agreement 
on trade in wine; whereas these negotiations involve the oenological practices and import 
conditions applied by each party; whereas the intentions expressed by both parties 
indicate that the adoption of an agreement satisfactory to both parties can be expected 
within a reasonable time; whereas to facilitate the smooth progress of these negotiations 
the derogations for import facilities should be extended until the conclusion of these 
negotiations; 
Whereas, in order to avoid any deadlock in negotiations leading to the permanent 
introduction of these facilities, a mechanism should be created whereby the Council can 
verify the actual state of progress of the negotiations; whereas the Commission should 
therefore keep the Council regularly informed of progress, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Article 3(2) of Regulation (EEC) No 2390/89 is replaced by the following: 
"2. Article 1(2) and the second subparagraph of Article 2(2) of Council Regulation (EEC) 
No 2390/89 shall apply for the duration of the negotiations with the United States of 
America on an agreement on trade in wine. The Commission shall keep the Council 
regularly informed of the progress of these negotiations." 
Article 2 
This Regulation shall enter into force on 1 January 1999. 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
Done at Brussels, 
For the Council 
A 
FINANCIAL STATEMENT 
DATE.25.11.98 
BUDGET HEADING: B1-I6 APPROPRIATIONS: 
LA to PDB: EUR 66lin 
2. TITLE: Council Regulation amending Regulation (EEC) No 2390/89 laying down general rules for the import of wines, 
grape juice and grape must 
LEGAL BASIS: Council Reg. 822/87 
AIMS OF PROJECT: To extend, from 1 January 1999 until the conclusion of an agreement on trade in wine with the 
USA, derogations granted to that country in respect of wine imports. 
5. FINANCIAL IMPLICATIONS PERIOD OF 12 
MONTHS 
million ecu CURRENT 
FINANCIAL 
YEAR 
(99) 
million ecu FOLLOWING 
FINANCIAL 
YEAR 
(2000) 
million ecu 
5.0. EXPENDITURE 
- CHARGED TO THE EC BUDGET 
(REFUNDS/INTERVENTION) 
- NATIONAL ADMINISTRATION 
- OTHER 
5.1. REVENUE 
- OWN RESOURCES OF THE EC 
(LEVIES/CUSTOMS DUTIES) 
- NATIONAL 
2001 
5.0.1. ESTIMATED EXPENDITURE 
5.1.1. ESTIMATED REVENUE 2002 2003 2004 
5.2. METHOD OF CALCULATION: 
6.0. CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE RELEVANT 
CHAPTER OF THE CURRENT BUDGET? YES/NO 
6.1. 
6.2. CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE CURRENT 
BUDGET? YES/NO 
IS A SUPPLEMENTARY BUDGET NECESSARY? YES/NO 
6.3. WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY? Y-ES/NO 
OBSERVATIONS: A derogation relating to wine imports is being extended pending the conclusion of negotiations. Compared 
with the present situation there is no financial impact. 
Proposai for a 
COUNCIL REGULATION (EC) No |....|/98 
of 
amending Regulation (EEC) No 1873/84 authorising the offer or disposal for direct 
human consumption of certain imported wines which may have undergone 
oenological processes not provided for in Regulation (EEC) No 822/87 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, 
Having regard to Council Regulation (EEC) No 822/87 of 16 March 1987 on the 
common organisation of the market in wine1, as last amended by Regulation (EC) 
No 1627/982, and in particular Article 73(1) thereof, 
Having regard to the proposal from the Commission, 
Whereas Article 70(1) of Regulation (EEC) No 822/87 provides that the products 
referred to in Article l(2)(a) and (b) of that Regulation may only be imported if 
accompanied by a certificate attesting that they comply with the provisions on 
production, release for free circulation and, where appropriate, disposal for direct human 
consumption applying in the third country in which they originate; 
Whereas Article 73(1) of that Regulation stipulates that if the imported products in 
question have undergone oenological practices not allowed by Community rules or do 
not comply with the provisions of that Regulation or of those adopted pursuant thereto, 
they may not, except by way of a derogation, be offered or disposed of for direct human 
consumption; whereas the Council derogated from this principle by Regulation (EEC) 
1 OJL84, 27.3.1987, p. 1. 
2 OJL 186, 16.7.1998, p. 9. 
No 1873/84*, as last amended by Regulation (EC) No2612/974; whereas the derogation 
expires on 31 December 1998; 
Whereas negotiations are currently under way between the Community, represented by 
the Commission, and the United States of America with a view to reaching an agreement 
on trade in wine; whereas the negotiations relate to the two parties' oenological practices; 
whereas the intentions expressed by the two parties indicate that the adoption of an 
agreement satisfactory to both parties can be expected within a reasonable time; whereas 
to facilitate the smooth progress of the negotiations the American oenological practices 
referred to in paragraph 1(b) of the Annex to Regulation (EEC) No 1873/84 which have 
hitherto only been permitted for limited periods should be authorised as a transitional 
measure until the conclusion of the negotiations; 
Whereas to avoid any deadlock in negotiations leading to the permanent introduction of 
the oenological practices concerned, a mechanism should be created whereby the Council 
can verify the actual state of progress of the negotiations; whereas the Commission 
should therefore keep the Council regularly informed of progress, 
HAS ADOPTED THIS REGULATION: 
Article J 
In the second subparagraph of Article 1(1) of Regulation (EEC) No 1873/84, "until 
31 December 1998" is replaced by "for the duration of the negotiations with the United 
States of America on an agreement on trade in wine. The Commission shall keep the 
Council regularly informed of the progress of these negotiations." 
Article 2 
This Regulation shall enter into force on 1 January 1999. 
3 OJL 176, 3.7.1984, p. 6. 
4 OJL 353, 24.12.1997, p. 2. 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
Done at Brussels, For the Council 
The President 
S> 
FINANCIAL STATEMENT 
BUDGET HEADING: Bl-16 DAÏT: 25.11.98 
APPROPRIATIONS: 
LA to PDB. EUR 661m 
TITLE: Council Regulation amending Regulation (LLC) No 1873/84 of 28 June 1984 authorizing «he offer or disposal for 
direct human consumption of certain imported wines which may have undergone oenological processes not provided for 
in Regulation (EEC) No 822/87 
3. LEGAL BASIS: Council Reg. 822/87 
4. AIMS OF PROJECT: To extend, from 1 January 1999 until the conclusion of an agreement on trade in wine with the 
USA, derogations granted to that country in respect of wine imports. 
FINANCIAL IMPLICATIONS 
5.0. EXPENDITURE 
- CHARGED TO THE EC BUDGET 
(REFUNDS/INTERVENTION) 
- NATIONAL ADMINISTRATION 
- OTHER 
5.1. REVENUE 
- OWN RESOURCES OF THE EC 
(LEVIES/CUSTOMS DUTIES) 
- NATIONAL PERIOD OF 12 
MONTHS 
million ecu CURRENT 
FINANCIAL 
YEAR 
(99) 
million ecu FOLLOWING 
FINANCIAL 
YEAR 
(2000) 
million ecu 
2001 
5.0.1. ESTIMATED EXPENDITURE 
5.1.1. ESTIMATED REVENUE 2002 2003 2004 
5.2. METHOD OF CALCULATION: 
6.0. CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE RELEVANT 
CHAPTER OF THE CURRENT BUDGET? YES/NO 
6.1. CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE CURRENT 
BUDGET? YES/NO 
6.2. IS A SUPPLEMENTARY BUDGET NECESSARY? YÊS/NO 
6.3. WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY? ¥ES/NO 
OBSERVATIONS: A derogation relating to wine imports is being extended pending the conclusion of negotiations. Compared 
with the present situation there is no financial impact. 
3 

ISSN 025 I • 1-175 
COM(98) 730 final 
DOCUMENTS 
EN 03 10 11 02 
Catalogue number : CB-CO-98-730-EN-C 
Office for Official Publications of the European Communities 
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