PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING FOR THE FIFTH 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 822/87
Date: 1991-07-09
Institutions: European Commission
Subjects: United States, wine

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

C0M(91) 255  final 

Brussels,  9 July  1991 

Proposal  for a 

COUNCIL  REGULATION  (EEC) 

amending  for  the fourth  time 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) 

n r a ^ r a wt 

amending  for  the fifth  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 822/87 

(presented  by the  Commission) 

EXPLANATORY  MEMORANDUM 

Imports  into the Community  of wine  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  July  1991  after  having  been  extended 
four  times. 

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  four  times until  31  July  1991. 

The Commission  considers  that  it  is necessary  to extend  the derogation  for 
an additional  period of  three months  (so as not  to disturb  trade  in the 
wine  sector).  Such  a period  should  be sufficient  to allow  the  Community 
and  the United  States  to complete  their  negotiations  for  the conclusion  of 
an  arrangement  on  the wine  sector. 

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  for the fourth  time 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 w i n e d ),  as  last amended by 

Regulation  (EEC) No 

( 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), as  last amended by Regulation  (EEC) No 2579/90<4>, 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 July  1989; whereas, taking  in  into account  the time necessary  to 

examine  the  implementation of  future arrangements, the abovementioned 

period should be extended  for  three month, 

HAS ADOPTED THIS REGULATION: 

(1)  0J No L 84, 27.3.1987, p. 1. 
(2)  0J No L 
(3)  0J No L 232, 9.12.1989,  p. 7. 
(4)  0J No L 198, 28.7.1990, p. 10 

-  2 -

Article 1 

In Article  3(2) of  Regulation  (EEC) No  2390/89,  the date  "31  July  1991"  is 

hereby  replaced  by  "31 October  1991. 

Article  2 

This  Regulation  shall  enter  into force on  1 August  1991 

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

a 11 Member  States. 

Done  at  Brussels, 

For  the Council 

COUNCIL REGULATION  (EEC) No 

of 

amending  for  the fifth time Regulation  (EEC) No 1873/84 
authorizing  the offer or disposal  for direct  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  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 w i n e d ),  as  last amended by 

Regulation  (EEC) No 

<2),  and  in particular  Article 73(1) thereof, 

Having  regard  to the proposal  from  the Commission, 

Whereas Article 70(1) 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 3888/89<4); 

whereas  this derogation expires on 31 July  1991; whereas, so that 

consultations can continue between  the Community  and  the third country 

concerned with a view to an agreement  on this matter, the term of validity 

of the derogation  should  be extended  for  three months, 

HAS ADOPTED THIS REGULATION: 

(1)  OJ No L 84, 27.3.1987, p. 1. 
(2)  OJ No L 
(3)  OJ NO L 176, 3.7.1984, p. 6. 
(4)  OJ No L 378. 27.12.1989, p. 15 

-  2 -

Article 1 

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

the date  "31  July  1991"  is hereby  replaced  by  "31 October  1991." 

Article  2 

This Regulation  shall  enter  into force on  1 August  1991 

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

a 11 Member  States. 

Done  at Brussels, 

For  the Council 

FICHE  D'IMPACT 

Objet:  2 propositions de Règlement  du Conseil 

- portant  quatrième modification  du  règlement  (CEE) no  2390/89 
établissant  les règles générales pour  l'importation  des vins, 
des  Jus et  des moûts  de  raisins 

- portant  cinquième modification  du  règlement  (CEE) no  1873/84 
autorisant  l'offre et  la  livraison à  la consommation  humaine 
directe  de certains  vins  importés  susceptibles  d'avoir  fait 
l'objet  de pratiques oenologiques  non  prévues  par  le règlement 
(CEE) no 822/87. 

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

Diese Massnahme  hat  weder  Auswirkungen  auf  Klein- und  Mitteibetriebe 
noch  auf  die Beschâftigungslage. 

This measure  has no  impact  on  the  small  and medium-sized  businesses  and 
employment. 

ISSN 0254-1475 

COM(91) 255 final 

DOCUMENTS 

EN 

03 

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ISBN 92-77-73964-9 

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