PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 2390/89 LAYING DOWN GENERAL RULES FOR THE IMPORT OF WINES, GRAPE JUICE AND GRAPE MUST
Date: 1989-12-08
Institutions: European Commission
Subjects: food inspection, fortified wine, fruit juice, fruit product, import policy, wine

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

C0MC89) 620  final 

Brussels, 8 December  1989 

Proposal  for a 

COUNCIL REGULATION  (EEC) 

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  (EEC) 

amending  for  the  third  time Regulation  (EEC) No  1873/84  authorizing 
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  337/79 

(presented  by the  Commission) 

C*~  (>t* \ 

EXPLANATORY MEMORANDUM 

Imports into the Community of wine-sector products originating in non-member 
countries are in particular subject 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 non-member countries in question.  In order to 
facilitate imports of such products, in 1985 the Council relaxed by way of a 
derogation the requirements regarding the drawing up of the certificate and 
the analysis report on condition that the non-member country in question 
provided special guarantees accepted by the Community.  Those derogating rules 
expire on 31 December 1989 after having been extended twice.  Since 
consultations to achieve greater protection for Community wines are still in 
progress with the United States, the term of validity of the derogating rules 
should be extended by seven months in order not to hinder the consultations. 

In addition, save where a derogation is decided by the Council, wine 
originating in non-member countries which has undergone oenological practices 
not permitted by Community regulations may not be offered for direct human 
consumption in the Community.  A derogation from that rule was granted until 
26 July 1988 for wine originating in the United States as regards the 
application of certain oenological practices permitted in that non-member 
country but not allowed in the Community, and was subsequently extended twice 
until 31 December 1989, with a view to the abovementioned consultations. 

Since the consultations with the United States are continuing on certain 
commercial aspects in the wine sector and more particularly on improved 
protection of geographical ascriptions used to designate Community wines on 
the American market and in order to facilitate those consultations, the 
Commission proposes that the final date in the two Regulations be extended to 
31 July 1990. 

Remark 

The adoption by the Council of the two abovementioned Regulations entails no 
financial consequences for the Community budget. 

COUNCIL REGULATION (EEC) 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 COMMUNITIES, 

Having regard to the Treaty establishing the European Economic Community, 

Having regard to Council Regulation (EEC) No 822/87 of 16 March 1987 on the 

common organization of the market in wine (1),  as last amended by Regulation 

(EEC) No 1236/89 (2), 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 2390/89 (3) 

set out the 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 the said facilities to a trial period expiring on 31 

December 1989;  whereas, taking into account the time necessary to examine the 

implementation of future arrangements, the abovementioned period should be 

extended for seven months, 

HAS ADOPTED THIS REGULATION: 

Article 1 

In Article 3(2) of Regulation (EEC) No 2390/89, the date "31 December 1989" is 

hereby replaced by "31 July 1990". 

This Regulation shall enter into force on 1 January 1990. 

Article 2 

This Regulation shall be binding in its entirety and directly applicable in 

all Member States. 

Done at Brussels, 

For the Council 

(1) 0J No L 84, 27.3.1987, p. 1. 
(2) 0J No L 128, 11.5.1989, p. 31 
(3) 0J No L 232, 9.12.1989, p. 7. 

1 

COUNCIL REGULATION (EEC) No 

of 

amending for the third time Regulation (EEC) No 1873/84 authorizing 
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 337/79 

THE COUNCIL OF THE EUROPEAN COMMUNITIES, 

Having regard to the Treaty establishing the European Economic Community, 

Having regard to Council Regulation (EEC) No 822/87 of 16 March 1987 on the 

common organization of the market in wine (1), as last amended by Regulation 

(EEC) No 1236/89 (3),  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 imported 

products covered by that Article must be accompanied by a certificate 

attesting that they satisfy the provisions on production, release for free 

circulation and, where appropriate, disposal for direct human consumption 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 not consonant 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) No 1873/84 (3), as last 

amended by Regulation (EEC) No 2245/89  (4); whereas this derogation expires "on 

31 December 1989; whereas, so that consultations can continue between the 

Community and the third country conerned with a view to an agreement on this 

matler, the term of validity of the derogation should be extended  for seven 

months, 

HAS ADOPTED THIS REGULATION: 

(1) OJ No L 84, 27.3.1987, p. 1. 
(2) OJ No L 128, 11.5.1989, p. 31 
(3) OJ No L 176, 3.7.1984, p. 6. 
(4) OJ No L 216, 27.7.1989, p. 2. 

4 

- 2 -

Article 1 

The title of Regulation (EEC) No 1873/84 authorizing 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 337/79 is hereby 

replaced by "Regulation (EEC) No 1873/84 authorizing  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." 

Article 2 

In the second subparagraph of Article 1(1) of Regulation  (EEC) No 1873/84, the 

date "31 December 1989" is hereby replaced by "31 July 1990". 

This Regulation shall enter into force on 1 January 1990. 

Article 3 

This Regulation shall be binding in its entirety and directly applicable in 

all Member States. 

Done at Brussels, 

For the Council 

J 

F I N A N C I AL 

S T A T E M E NT 

D.i t o: 

1. Budgtt heading: 1 000 

Appropriations: 

2. Title: Amendment to Regulation (EEC) No 1873/84 authorizing 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 337/79 

3. Legal basis: Regulation (EEC) No 822/87 

4. Aims of project: To extend the term of validity of the Regulation in question 

5.  Financial implications 
5.0  Expenditure 

-  :harged to the EC budget 
(refunds/intervention) 
- national administration 
- other 

5.1  Receipts 

- own resources of the EC 
(levies/customs duties) 

- national 

5.0.1 Estimated expenditure 
5.1.1 Estimated receipts 

5.2 Method of calculation: 

period of 
12 months 

current 
financial year 
(1990) 

following 
financial year 
(1991) 

1992 

1993 

1994 

1995 

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 ? 

6.2 Is a supplementary budget necessary ? 

6.3 Will future budget appropriations be necessary ? 

Observations: 

yes/no 

yes/no 

yes/no 

C 

EN 

C e t te  mesure  n 'a  pas  d ' i m p a ct  sur 

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l ' e m p l o i. 

Dièse  Massnahme  h at  weder  Auswirkungen  auf  K l e i n - u nd  M i t t e l b e t r i e be 

noch  auf  d ie  B e s c h a f t i g u n g s l a g e. 

This  measure  has  no  impact  on  t he  s m a ll  andmedium-sized  b u s i n e s s es 

and  employment.  -

^ 

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