Proposal for a COUNCIL REGULATION (EC) 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: 1994-04-26
Institutions: European Commission
Subjects: European standard, food consumption, food inspection, import restriction, quality label, wine

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

COM(94) 152 final 
Brussels, 26.04.1994 

Proposal  for a 

COUNCIL REGULATION  (EC) 

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  (EC) 

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 

(presented  by the Commission) 

MfUH 

« Si #f 

II 

_ 

_ i . .v 

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  1994 after having been extended 
ten 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 ten times until 30 April 1994. 

The Commission considers that it is necessary to extend the derogation 
until the end of  1994  (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. 

J 

- Proposal for a 

COUNCIL REGULATION  (EC) No 

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 UNION, 

Having regard to the Treaty establishing the European 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  1566/93(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  1211/93(4),  provides 

for  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  those  facilities  to  a  trial  period  expiring  on 

30 April  1994; whereas, taking  into  account  the  time  necessary  to  examine 

the  implementation  of  future arrangements, the abovementioned period  should 

be extended until the end of 1994, 

HAS ADOPTED THIS REGULATION: 

(1) OJ No L 84, 27.3.1987, p. 1. 
(2) OJ No L  154, 25.6.1993, p. 39 
(3) OJ No L 232, 9.8.1989, p. 1. 
(4) OJ No L  123, 19.5.1993, p. 4. 

Article 1 

In  Article  3(2)  of  Regulation  (EEC) No  2390/89,  the  date  30 April  1994  is 

hereby replaced by 31 December  1994. 

Article 2 

This Regulation  shall enter into force on  1 May 1994. 

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

all Member States. 

Done at Brussels, 

For the Council 

The 

President 

3 

F I N A N C I AL 

STATEMENT 

Date; 

1. BUDGET HEADING: 16 

APPROPRIATIONS: ECU 1 666 m 

2. TITLE: Proposal  for a Council Regulation amending Regulation  (EEC) No 2390/89 laying down general rules 

for the import 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 

PERIOD OF 12 MONTHS 

CURRENT FINANCIAL 

FOLLOWING  FINANCIAL 

YEAR 

(93) 

YEAR 

(94) 

5.0. EXPENDITURE 

- CHARGED TO THE EC BUDGET 

(REFUNDS) 

- 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 BUDGET7YES/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? 

COMMENTS: 
Measure has no financial  impact 

YES/NO 

YES/NO 

YES/NO 

Proposal for & 

COUNCIL REGULATION  (EC) Wo 

amending Regulation  (EEC) H« l§73/84 authorizing the 
offer or disposal for direct frumân coa»u»ption of 
certain imported wines which may have undergone 
oenological processes not provided  for in 
Regulation  (SEC) Mo #22/87 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

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

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

(EEC) No  1566/93(2), 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  comply  with  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  do not comply  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  1212/93<4);  whereas 

this derogation expires on 30 April  1994; 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 until the end of 1994, 

(1) OJ No L 84, 27.3.1987, p. 1. 
(2) OJ No L  154, 25.6.1993, p. 39. 
(3) OJ No L  176, 3.7.1984, p. 6. 
(4) OJ No L  123, 19.5.1993, p. 5. 

HAS ADOPTED THIS REGULATION: 

Article 1 

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

the date 30 April  1994 is hereby replaced by 31 December  1994. 

Article 2 

This Regulation  shall enter into force on  1 May 1994. 

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

all Member States. 

Done at Brussels, 

For the Council 

The 

President 

- <-

F I N A N C I AL 

STATEMENT 

Date: 

1. BUDGET HEADING: 16 

APPROPRIATIONS: ECU  1 567 m 

2. TITLE: Proposal  for a Council Regulation 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 

3_ i*£GAL BASIS: Council Regulation  (EEC) No 822/87 

•«- XIMS OF PROJECT: 

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

5- FINANCIAL  IMPLICATIONS 

PERIOD OF 12 MONTHS 

CURRENT  FINANCIAL 
YEAR 
(93) 

FOLLOWING  FINANCIAL 
YEAR 
(94) 

5.0. EXPENDITURE 

- CHARGED TO THE EC BUDGET 

(REFUNDS) 

- 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 

YES/NO 

BUDGET ? 

*-4-  CAN THE PROJECT BE FINANCED  BY TRANSFER  BETWEEN CHAPTERS OF THE CURRENT  BUDGET? 

* _ 2_  IS A SUPPLEMENTARY  BUDGET NECESSARY? 

.«ILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY? 

has no financial  impact 

7 

ISSN 0254-1475 

COM(94) 152 final 

DOCUMENTS 

EN 

03  11  02 

Catalogue number : CB-CO-94-160-EN-C 

ISBN 92-11-61141-3 

jitivo  :or Ofiic^ai  Publica;iun:: of the  European. Communities