Proposal for a COUNCIL REGULATION ( EEC ) amending for the first time Regulation ( EEC ) No 1576/89 laying down general rules on the definition, description and presentation of spirit drinks
Date: 1992-02-21
Institutions: European Commission
Subjects: alcoholic beverage, bottling, lead, marketing standard, packaging product

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

C0M(92) 55 final  - SYN  396-397 

Brussels, 21  February  1992 

Proposal  for a 

COUNCIL REGULATION  (EEC) 

SYN  396 

amending  for the first time Regulation  (EEC) No  1601/91 
laying down general rules on the definition,  description 
and presentation of aromatized wines, aromatized  wine-based 
drinks and aromatized wine-product  cocktails 

Proposal  for a 

COUNCIL REGULATION  (EEC) 

SYN  397 

mding  for the first time Regulation  (BBC) Bo  1576/89 
laying down general rules on the definition,  description 
and presentation of spirit drinks 

(presented  by  the Commission) 

z 

EXPLANATORY MEMORANDUM 

I.  These proposals relate to spirit drinks, aromatized wines, aromatized 

wine-based drinks and aromatized wine-product cocktails, and are intended to 
prohibit, with effect from 1 January  1993, the use of lead-based capsules, in 
order to avoid contamination and environmental pollution.  As a transitional 
measure, they authorize the putting up for sale and marketing of such 
products bottled and covered with lead capsules prior to 1 January 1993. 

Given the above objectives, the legal basis for these proposals is Articles 
43 and 100A of the Treaty, as is the case for the Regulations which they are 
intended to amend.  They must give rise to a cooperation procedure with the 
Parliament.  For information, an identical measure has been drawn up for 
sparkling wines  (COM (91) 532 final of 13 December  1991). 

II. These proposals replace the previous proposals, COM  (91) 422 final and 423 

final of 31 October 1991, so as to include a transitional provision 
permitting stocks of products conforming to current legislation to be 
exhausted. 

3 

SYN  396 

Proposal  for  a 

COUNCIL  REGULATION  (EEC) NO 

Of 

amending  for the  first  time  Regulation  (EEC) No  1£01/91 
laying  down  general  rules  on  the definition,  description 
and presentation  of  aromatized  wines, aromatized  vine-ba^ed 
drinks  and  aromatized  wine-product  cocktails 

THE COUNCIL  OF THE EUROPEAN  COMMUNITIES, 

Having  regard  to  the Treaty  establishing  the European  Econor-.i c Cominur. L'Ly, ?r.d i» 

particualr Articles  43 and  100A  thereof, 

Having  regard  to the proposal  from  the  Commission, 

In cooperation  with  the European  Parliament, 

Having  regard  to  the opinion  of  the Economic  and  Social  Committee, 

Whereas  the use of  lead-based  capsules  or  foil  as a covering  for  closing d&vi.--^-

on  containers  in which  aromatized  wines, aromatized  wire-based  drink s  ai)d 

aromatized  wine-prcduct  cocktails  are  placed  on  the market  should  be  banned iv, 

order  to prevent  the  risk  of  contamination,  in particular  by  accidental  contact 

with  those  products, and  the  risk of  environmental  pollution  by  lead  Lr, the» 

abovementioned  capsules  or  foil; whereas, however, the manufacturers  and  ussr-  cf 

such capsules  and  foil  should  be  given  time  to  adjust,  and  to  that  end,  thn  ban 

in question  should  apply  from  1 January  1993 only;  whereas, however,  the  disposal 

of products  put  up  in bottles  fitted  before  that  date  with  lead-based  capsules  or 

foil must  be permitted  until  stocks  are  used  up, 

HAS ADOPTED  THIS  REGULATION: 

Article 1 

H 

The following paragraph is hereby inserted in Article 8 of Regulation  (EEC) 

No 1601/91: 

"4a.  As from 1 January  1993, bottled products covered by this Regulation may 

only be held with a view to sale or placed on the market in containers 

fitted with closing devices not covered by lead-based capsules or foil. 

However, the disposal of products in bottles fitted before that date with 

lead-based capsules or foil shall be authorized until stocks are used up.' 

Article 2 

This Regulation shall enter into force on the third day following its publication 

in the Official Journal of the European Communities. 

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

Member states. 

Done at Brussels, 

For the Council 

s 

FINANCIAL  STATEMENT 

DATE 

1. BUDGET HEADING:  16 

APPROPRIATIONS: ECU 1 581 million 

2. TITLE: 

Proposal for a Council Regulation amending for the first time Regulation (EEC) No 1601/91  laying down 
general  rules on the definition, description and presentation of aromatized wines, aromatized wine-based 
drinks and aromatized wine-products cocktails. 

3. LEGAL BASIS: 

Articles 43 and 100A of the Treaty 

4. AIMS OF PROJECT: 

To ban the use of lead on containers of aromatized wine-product drinks 

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 

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 

ND 

ND 

G 

SYN  397 

Proposal  for a 

COUNCIL REGULATION  (EEC) Mo 

Of 

amending  for the  first 'tine Regulation  (EEC) No  1576/89 
laying  down  general rules on the definition,  description 
and presentation  of  spirit  drinks 

THE COUNCIL  OF THE EUROPEAN  COMMUNITIES, 

Having  regard  to the Treaty  establishing  the European Economic  community,  and  in 

particular Articles  43 and  100A thereof, 

Having  regard  to the proposal  from the  Commission, 

In cooperation with the European  Parliament, 

Having  regard to the opinion  of the Economic  and  Social  committee, 

Whereas  the use of  lead-based  capsules  or  foil  as coverings  for closing  devices 

on containers  in which  spirit drinks  are placed  on the market  should  be banned  in 

order to prevent the risk of contamination,  in particular  by  accidental  contact 

with  those products, and the risk of environmental  pollution  by  lead  in  the 

abovementioned  capsules or  foil; whereas, however, the manufacturers  and  users  of 

such capsules  and  foil  should be  given time to adjust  and, to that  end,  the  ban 

in question  should  apply  from  1 January  1993 only; whereas, however, the  disposal 

of  spirit drinks  in bottles  fitted  before the abovementioned  date with  lead-based 

capsules  or  foil must be permitted  until  stocks  are used  up, 

HAS ADOPTED  THIS  REGULATION: 

*  9-

Article 1 

The following point is hereby added to Article 7(2) of Regulation  (EEC) 

No 1576/89: 

"(e)  As from 1 January 1993, bottled spirit drinks covered by this Regulation 

may only be held with a view to sale or placed on the market in containers 

fitted with closing devices not covered by lead-based capsules or foil. 

However, the disposal of spirit drinks in bottles fitted before that date 

with lead-based capsules or foil shall be authorized until stocks are used 

up. " 

Article 2 

This Regulation shall enter into force on the third day following its publication 

in the official Journal of the European Communities. 

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

Member States. 

Done at Brussels, 

For the Council 

8 

F  I N A NC  I AL  S  TATEMJENT 

DATE: 

1. BUDGET HEADING:  16 

APPROPRIATIONS:  ECU 1581 mi 11 ion 

2. TITLE: 

Proposal for a Council  Regulation amending for the first  time Regulation  (EEC) No 1576/89  laying down 
general  rules on the definition, description and presentation of spirit drinks. 

3. LEGAL BASIS: 

Articles 43 and 1O0A of the Treaty 

4. AIMS OF PROJECT: 

To ban the use of lead on containers of spirit drinks. 

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 

ND 

3 
ISSN 0254-1475 

COM(92) 55 final 

DOCUMENTS 

EN 

03 

Catalogue number : CB-CO-92-048-EN-C 

ISBN 92-77-41119-8 

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