PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING COUNCIL REGULATION ( EEC ) NO 1188/81 BY BRINGING SPANISH WHISKY WITHIN THE SCOPE OF THE ADJUSTED REFUND PROVISIONS FOR CEREALS EXPORTED IN THE FORM OF CERTAIN SPIRITUOUS BEVERAGES
Date: 1989-07-17
Institutions: European Commission
Subjects: alcoholic beverage, cereal product, export refund, spirits

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

C0MC89)  367 final 

Brussels,  17  July 1989 

Proposal  for a 

COUNCIL  REGULATION  (EEC) 

amending Council  Regulation  (EEC) No 1188/81  by bringing  Spanish whisky 
within  the scope of  the  adjusted  refund provisions for 
cereals exported  in the form of certain  spirituous beverages 

(presented by the  Commission) 

O ^ -i (?% 

EXPLANATORY  MEMORANDUM 

Pursuant  to Protocol  No  19 annexed  to the Act  of Accession  of  the United 

Kingdom,  Ireland  and  Denmark  export  refunds  are granted  on cereais used  in 

the manufacture of  spirituous beverages. 

Because of  the special  nature of  their  production,  In which  prolonged 

ageing  Is compulsory  and blending  Is customary,  a specific mechanism  was 

Introduced  for  Scotch whisky  and  Irish whiskey. 

Since  these production  features also apply  to Spanish  whisky  export  refunds 

should  be granted  In regard  to  it under  the same rules. 

/ 

Proposal for a 
CounclI Régulât Ion 
amending Council Regulation (EEC) No 1188/81 by bringing Spanish whisky 
within the scope of the adjusted refund provisions for 
cereals exported  in the form of certain spirituous beverages 

THE COUNCIL OF THE EUROPEAN COMMUNITIES, 

5 

Having regard to the Treaty establishing the European Economic Community, 

Having regard to Council Regulation (EEC) No 2727/75 of 29 October  1975 on 
the common organization of the market  In cereals^1), as last amended by 
Regulation (EEC) No 1213/89<2), and  In particular Article 16(4a) and (5) 

thereof, 

Having regard to the proposal  from the Commission, 

Whereas Article 16(4a) of Regulation (EEC) No 2727/75 provides that where 

necessary  In order to take account of the special  features of the 

production of certain spirituous beverages obtained from cereals the rules 

on the granting of export refunds may be adjusted; whereas such adjustment 

has proved necessary  In the case of spirituous beverages that  In their 

final state are a blend of numerous components and for which prolonged 

ageing  is compulsory, since it is Impossible to trace the identity of the 

cereals Incorporated  In the final product exported; 

(1) OJ NO L 281, 1.11.1975, p. 1. 
(2) OJ NO L 128, 11.5.1989, p. 1. 

~) 

-  2 

Whereas Article  2 of Council  Regulation  (EEC) No 1188/71  of  28 April  1981 

laying down general  rules for granting  refunds adjusted  In the case of 

cereals exported  in the  form of certain  spirituous beverages  and  the 

criteria  for  fixing  the amount of  such  refunds and  amending  Regulation 

(EEC) No 3035/80 concerning  certain products not  covered  by Annex  il to the 

Treaty^3)  lists the spirituous beverages  to which  these special 

production  features apply; 

Whereas  they also apply  to Spanish whisky  as defined  In Spanish 

legislation; whereas  it must  therefore be specifically mentioned  in the 

said Regulation, 

HAS ADOPTED THIS REGULATION: 

Article 1 

The  following  third  Indent  is added  In Article  2 of Regulation  (EEC) 

No 1188/81: 

"- Spanish whisky - as defined  In Decree 644/1973 of  29 March  1973, amended 

by Royal  Decree 665/1983 of  2 March  1983, of Spain." 

Article  2 

This  Regulation  shall  enter  Into force on  the third  day  following  Its 

publication  In the Official  Journal  of  the European Communities. 

It shall  apply with effect  fromî^oefeber 1989. 

This Regulation shall  be binding  In Its entirety  and directly applicable in 

a 11 Member  States. 

Dona at 

For  the Council 

(3) OJ No L 121, 5.5.1981, p. 3. 

1 

FINANCIAL  DETTES 

(of draft Commission  regulations or  decisions) 

DG V 

1. The measure has not yet 
been  the subject of 
financial  detaiIs 

The measure  has already  been 
the subject of  financial 
detalIs as  it  involves: 

the  implementation of  a Council 
regulation; see  financial  statement 
appended  to written procedure No .. 

a measure already  covered  by the 
overall  financial  Impact of  the 
proposa I/dec is Ion on agricultural 
pr ices 

2. Does the measure as such  have any  financial  consequences? 

relates  to technical  rules of  application 

negl igible 

Financial  consequences of  the measure  as such 
(on revenue/expenditure): 
. on current  financial  year 
: 
. on  the  folicwing  financial  year: 

p.m 
p.m 

ECU m 
ECU m 

on 
on 

YES 

3. Budget  headings concerned  and appropr i at ions for current  financial  year 

250 
-Article: 
- Appropriations:  54 

ECU million 

4. Financing of measure: 

(a) Can  the measure be financed  by appropriations entered  in the current  budget? 

- in the post(s) concerned 
- in the chapter(s) concerned 

(b) 

If not,  is there a risk  as a 
total  appropriations for the 
the current  financial  year? 

resuM 
EAGGF 

. of  this 
Guarantee 

(c) 

Is financing provided  for  In 
following financial  year? 

the preliminary 

measure of  insufficient 

Section entered  for 

draft  for the 

YES 

NO 

Remarks:  (1) 

Method of calculation: 

149840 (litres of alcohol  exported) x 

1,25 
0,33  (coeff. cereals/alcohol) - 568 tonnes 

568 

tonnes x ECU 115/tonne x 1,1S 

)3 (DR) 

-  ECU 77 

927 -

ECU 0.08 mi I I ion 

(1) Indi 

cate where appropriate  the cc 

>st to 

be borne 

if the 

measure  is not app >!led. 

Cette mesure  n'a  pas  d'impact  sur  les PME et  l'emploi 

Dièse Massnahme hat  weder  Auswirkungen  auf  Klein-und  Mittelbetriebe 

noch  auf die  Beschaftigungslage. 

This measure  has no  impact  on the  small andmedium-sized  businesses 

and  employment.-

Commission  of  the  European  Communities 

COM(89)  367  final 

Proposal  for  a 

COUNCIL  REGULATION  (EEC) 

amending  Council  Regulation  (EEC)  No  1188/81  by  bringing  Spanish 
whisky  within  the  scope  of  the  adjusted  refund  provisions  for  cereals 
exported  in the  form  of  certain  spirituous  beverages 

(submitted  to  the  Council  by the  Commission) 

17.7.1989 

Office  for  Official  Publications  of  the  European  Communities 
L  - 2985  Luxembourg 

Series:  DOCUMENTS 

1989  — 6  pp.  — Format:  21.0  *  29.7  cm 

EN 

ISSN  0254-1475 

ISBN  92-77-52090-6 

Catalogue  number:  CB-CO-89-320-EN-C 

COM(89)  367  final 

ISSN 0254-1475 

DOCUMENTS 

Proposal for  a 

COUNCIL  REGULATION  (EEC) 

amending  Council  Regulation  (EEC) No  1188/81 
by  bringing Spanish whisky  within the  scope  of 
the  adjusted  refund  provisions  for  cereals 
exported  in the  form  of  certain  spirituous 
beverages 

(submitted to the  Council  by the  Commission) 

03 

Catalogue  number:  CB-CO-89-320-EN-C 

ISBN  92-77-52090-6 

€ 

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

17.7.1989