Proposal for a COUNCIL REGULATION ( EEC ) laying down rules for the description and presentation of special wines
Date: 1991-09-27
Institutions: European Commission
Subjects: food technology, fortified wine, labelling, sparkling wine

COMMISSION OF THE EUROPEAN COMMUNITIES 

C0M(91)348  final 

Brussels,  27 September  1991 

Proposal  for a 

COUNCIL REGULATION  (EEC) 

laying down rules for  the description and 
presentation of special  wines 

(presented  by  the Commission) 

& 

EXPLANATORY  MEMORANDUM 

The  capsules  containing  lead  which  are  used  to  cover  the  closing  devices  of  the 
containers  in which  liqueur  wines,  semi-spark Iing wines  and  aerated  semi-
sparkling  wines  are  supplied  to  the  final  consumer  are  suspected  of  being  one  of 
the  causes  of  contamination  where  traces  of  lead  are  found  in  the  wine.  The 
capsules  contribute  to  the  pollution  of  the  environment  when  disposed  of  as  waste 
and  could  hamper  Community  wine  exports  to  certain  non-member  countries.  Their 
use  should  consequently  be  banned. 

For  wines  other  than  special  wines, Council  Regulation  (EEC) No  2356/91  bans  the 
use  of  capsules  containing  lead.  For  sparkling  wines  and  aerated  sparkling 
wines,  Regulation  (EEC) No  2357/91  imposes  a  similar  ban.  To  allow  the  users  and 
manufacturers  of  the  capsules  a period  to adjust,  transitional  arrangements 
should  be  made  for  them  to continue  to be  used  and  for  wines  put  up  in  containers 
fitted  with  such  capsules  to be  kept  for  sale,  and  put  on  sale. 

The  adoption  of  this  proposal  for  a Council  Regulation  has  no  financial 
implications  for  the  Community  budget. 

Proposal  for Council  Regulation  (EEC) No 

of 
laying down rules for  the description and 
presentation of special'wines 

THE COUNCIL OF THE EUROPEAN  COMMUNITIES, 

Having regard  to the Treaty establishing  the European Economic  Community, 

Having regard  to the proposal  from  the Commission, 

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 1734/91<2>, and  in particular  Article 72(1) thereof. 

Whereas Council  Directive 79/112/EEC of  18 December  1987 on  the approximation of 

the  laws of  the Member  States relating  to the  labelling, presentation and 

advertising of  foodstuffs  for sale to the ultimate consumer*3), as  last  amended 

by Directive 89/395/EEC^4^, provides  for  the  introduction of  the principle of 

the compulsory  indication of  the actual  acIoho lie strength of all alcoholic 

beverages;  whereas, on the other  hand,  in Article  10a thereof  it provides for 

the determination, by specific provisions, of detailed rules governing  the 

indication of  the alcoholic strength by volume on the  labelling of products 

falling within CN code 2204; 

Whereas  the description of  liqueur wines, semi-sparkling wines and aerated 

semi-sparkling wines  is not  regulated  by Council  Regulation  (EEC) 2392/89 of 24 

July  1989  laying down general  rules for  the description and presentation of 

wines and grape musts( 5 ),  as  last amended by Regulation  (EEC) No 2356/91(6), 

nor by Council  Regulation  (EEC) No 3309/85 of  18 November  1985  laying down 

general  rules for  the description and presentation of sparkling wines and 

aerated 

(1) 0J No L  84, 27. 3.1987, p.  1. 
(2) 0J No L 163, 26. 6.1991, p.  6. 
(3) 0J NO L  33,  8. 2.1979, p.  1. 
(4) 0J No L 186, 30. 6.1989, p. 17. 
(5) 0J No L 232,  9. 8.1989, p. 13. 
(6) 0J NO L 216,  3. 8.1991, p.  1. 

H 

sparkling wines*7),  as  last amended by Regulation  (EEC) No 2357/91*8); 

whereas specific rules should be  laid down for  the  indication of  the alcoholic 

strength by volume on the  labelling of such wines; 

Whereas the use of  lead to cover  the closing devices of containers  in which 

wines or grape musts are marketed should be banned, firstly,  in order  to avoid 

any risk of contamination  in patricular by accidental  contact with  those 

products, and secondly  to avoid any risk of environmental  pollution from waste 

containing  lead from the aforementioned capsules; 

Whereas, however, to allow the manufacturers and users of  these capsules a 

period  to adjust, this ban should be applied  from  1 January 1993; 

Whereas Council  Regulation  (EEC) No 1627/86 of 6 May  1986  laying down rules for 

the description of special  wines with regard  to the  indication of alcoholic 

strength*9^ should be repealed; 

HAS ADOPTED THIS REGULATION: 

Article 1 

1.  The description on the  labelling of  liqueur wines, semi-spark Iing wines and 

aerated semi-sparkIing wines, as referred  to  in Annex  I to Regulation  (EEC) 

No 822/87 and Article 2 of Regulation  (EEC) No 2391/89*10), shall  include 

the actual  alcoholic strength by volume. 

2.  The actual  alcoholic strength by volume shall  be  indicated  in accordance 

with  the conditions  laid down  in the  implementing provisions. 

Art icle 2 

Capsules or  foils containing  lead shall  not be used  to cover  the closing  devices 

on  liqueur wines, semi-sparkIing wines or aerated semi-sparkIing wines. 

(7) OJ NO L 320, 29.11.1985, p.  9. 
(8) OJ NO L 216.  3. 8.1991, p.  2. 
(9) OJ NO L 144, 29. 5.1986, p.  4. 
(10) OJ No L 232,  9. 8.1989, p. 10. 

r 

Art icle  3 

1. 

Regulation  (EEC)  No  1627/86  is hereby  repealed. 

2. 

References  to  the  repealed  Regulation  shall  be  understood  to be  references 

to  this  Regulation  and  are  to be  interpreted  in accordance  with  the  table 

of  equivalence  set  ou  in  the  Annex  hereto. 

Art icle  4 

This  Regulation  shall  enter  into  force  on  the  day  of  its publication  in  the 

Official  Journal  of  the  European  Communities. 

Article  2 shall  apply  with  effect  from  1 January  1993. 

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

Member  States. 

Done  at  Brussels, 

For  the  CounciI 

ANNEX 

Regulation  (EEC)  No  1627/86 

This  Régulât ion 

Article 1 
Article  2 
Article  3 

Article  1 

Art icle  4 

4 

FINANCIAL  STATEMENT 

1. BUDGET HEADING: 16 

APPROPRIATIONS: ECU 1.581 million 

2. TITLE: 

Proposal  for a Council Regulation  laying down certain rules on the designation and presentation of 
special wines 

3. LEGAL BASIS: Council Regulation (EEC) No 822/87 

4. AIMS OF PROJECT: 

To ban the use of lead capsules for special wines and to make provision for transitional  periods during 
which  lead capsules may be used for wine not fal I ing within the category of special  wines 

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 

1994 

1995 

1996 

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 

5.0.1  ESTIMATED  EXPENDITURE 
5.1.1  ESTIMATED REVENUE 

5.2 METHOD OF CALCULATION: 

6.0 CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED  IN THE RELEVANT CHAPTER OF THE CURRENT BUDGET? 

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 

YES 

NO 

NO 

FICHE  D'IMPACT 

OBJET:  Règlement  Conseil  établissant  certaines  règles  pour  la 

désignation  et  la présentation  de vins  spéciaux. 

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

Diese MalBnahme  hat  weder  Auswirkungen  auf  Klein- und  Mittelbetriebe 
noch  auf  die  Beschàftigungslage. 

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

ISSN 0254-1475 

COM(91) 348 final 

DOCUMENTS 

EN 

03 

Catalogue number : CB-CO-91-400-EN-C 

ISBN 92-77-75798-1 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg