Proposal for a COUNCIL REGULATION (EEC) amending 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: 1993-05-04
Institutions: European Commission
Subjects: United States, wine

COMMISSION OF THE EUROPEAN  COMMUNITIES 

C0M(93)  185 final 

Brussels, 4  May  1993 

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  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 

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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 30 April 1993 after having been extended 
nine 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 nine times until 30 April 1993. 

The Commission considers that it is necessary to extend the derogation for 
an additional period of one year (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 

ot 

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(*), as last amended by 

Regulation  (EEC) No  1756/92<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 3200/92(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 30 

April  1993; whereas, taking  in into account the time necessary  to examine 

the implementation  of future arrangements, the abovementioned period 

should be extended  for one year, 

HAS ADOPTED THIS REGULATION: 

Article 1 

in Article 3(2) of Regulation  (EEC) No 2390/89, the date  30  April  1993" 

is hereby replaced by 30 April  1994." 

(1)  OJ No L 84, 27.3.1987, p. 1. 
(2)  OJ No L  180 , 1.7.1992, p. 27 
(3)  OJ NO L 232, 9.8.1989,  p. 7. 
(4)  OJ No L 319, 4.11.1992, p. 1 

-I-

Article 2 

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

Official Journal of the European  communities. 

It shall apply with effect from  1 Mai 1993. 

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

all Member States. 

Done at Brussels, 

For the Council 

V 

F I N A N C I AL  STATEMENT 

DATE:  22.04.1993 

1. BUDGET HEADING: 16 

APPROPRIATIONS: ECU 1 666 n 

2. TITLE: 

Proposal for a Council Regulation amending Regulation  (EEC) Mo 2390/89  laying down general rules for the 
inport of wines, grape  juice and grape must. 

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

4. AIMS OF PROJECT: 

To extend the period of validity of the derogation to allow negotiations with third countries to continue. 

5.  FINANCIAL  IMPLICATIONS 

1993 

1994 

Period of 12 months  Current Financial Year 

Following Financial Year 

5.0  EXPENDITURE 

- CHARGED TO THE EC BUDGET 
-  (REFUNDS/INTERVENTION) 
- 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: 

1995 

1996 

1997 

1998 

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: 

Measure having no financial  impact 

YES/NO 

YES/NO 

YES/NO 

r 

COUNCIL REGULATION  (EEC) No 

Of 

amending the 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 wine^1),  as last amended by 

Regulation  (EEC) No  1756/92<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  3201/92(4); 

whereas this derogation expired on 30 April  1993; 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 one year, 

HAS ADOPTED THIS REGULATION: 

(1)  OJ No L 84, 27.3.1987, p. 1. 
(2)  OJ No L  180, 1.07.1992, p. 27, 
(3)  OJ No L  176, 3.7.1984, p. 6. 
(4)  OJ No L 319,  4.11.1992, p. 2 

-é-

Article 1 

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

the date "30 April  1993" is hereby replaced by  "30 April  1994." 

Article 2 

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

Official Journal of the European Communities. 

It shall apply with effect from 1 Mai 1993. 

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

all Member states. 

Done at Brussels, 

For the Council 

»c <*•,!& %i X J4JLs  IS  ï, 

1. B0B5BT HEADIMGt  16 

APPROPRIATIONS: ECU 1 666 a 

DAZEl  22.04.1993 

2. ZÎTLBl 

Proposal for A Council Ragulatlora emending Regulation  (2BC) No 1873/94 authorizing the offer or disposal 
for direct hnaan consumption of certain isqportsd vinos which a&y have undergone oenological processes not 
not provided for in Regulation  (ESC) No 822/87. 

3. LEGAL BASISI Council Regulation  (EEC) Mo 822/87 

4. AIMS OF PROJECT: 

So extend the period of validity of the derogation to allov negotiations with third countries to continue. 

5.  FINANCIAL  IMPLICATIONS 

1992 

1994 

Period of 12 Month»  Current Financial Year 

Following Financial Year 

5.0 EXPENDITURE 

- CHARGED TO THE SC BUDGET 
-  ( BBPURDS/IMTERVENTI08T ) 
- NATIONAL  ADMINISTRATION 
•  OTHER 

5.1 REVENUE 

- OHM RESOURCES OP THE EC 
(LBVIE8/CUSTOMS DUTIES) 

-  NATIONAL 

5.0.1 ESTIMATED EXPENDITURE 
5.1.1 ESTIMATED REVENUE 

5.2 METHOD OF CALCULATION: 

1995 

| 

1996 

1997 

| 

1998 

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

6.1 CAN TBI 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: 

Measure having no financial iapact 

YES/NO 

YES/HO 

YEfl/HO 

YES/NO 

s 

ISSN 0254-X475 

COM (93) 185 final 

DOCUMENTS 

EN 

03  02 

Catalogue number : CB-CO-93-212-EN-C 

ISBN 92-77-55439-8 

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