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 wich may have undergone oenological processes not provided for in Regulation (EEC) No 822/87
Date: 1995-12-14
Institutions: European Commission
Subjects: import licence, import policy, product quality, quality control of industrial products, wine

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels, 
COM(95) 673  final 

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 

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 

(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 1984 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 December 1995 after having been 
extended twelve times. 

In addition,  save where  a derogation  is decided  by the Council, 
wine  originating  in  non-member  countries  which  has  undergone 
oenological practices not pemitted by Community .regulations may not 
be  offered  for  direct  human  consumption  in  the  Community.  A 
derogation from that rule was granted  for wine originating  in the 
United  States  as  regards  the  application  of  certain  oenologicar 
practices  permitted  in  that  country  but  not  allowed  in  the 
Community. This derogation also expires on 31 December 1995 after 
having been extended twelve times. 

The  Commission  considers  that  it  is  necessary  to  extend  the 
derogation again and until the end of 1996. Such a period  should 
be  sufficient  to  allow  the  Community  and  the  United  States  to 
conclude  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. 

A 

Proposal  for a 

COUNCIL REGULATION  (EC) No 

of 

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 

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 winell) , 
as  last  amended  by  Regulation  (EC)  No  1544/95(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 
the  products  referred  to  in  Article  1(2) (a)  and  (b)  of  that 
Regulation may only be imported  if 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 applying  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 

OJ No L 84, 27. 3.1987, p. 1. 

12) 

OJ No L 148, 30. 6.1995, p. 31 

z 

derogated  from this principle by Regulation  (EEC) No 1873/84(3), 
as  last  amended  by  Regulation  (EC)  No 264/95(4) ; whereas  this 
derogation  expires  on  31 December 1995;  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 1996, 

HAS ADOPTED THIS REGULATION: 

Article 1 

In the second  subparagraph  of Article  1(1) of Regulation  (EEC) 
No 1873/84, the  date  "31 December 1995" is hereby  replaced  by 
"31 December 1996". 

Article 2 

This Regulation shall enter into force on 1 January 1996. 

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

Done at 

For the Council 

31 

4) 

OJ No L 176,  3. 7.1984, p.  6 

OJ No L 31, 10. 2.1995, p.  1 

3 

FINANCIAL  STATEMENT 

BUDGET  HEADING:  16 

APPROPRIATIONS:  ECU  1.113  m 

I'ITLE:  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. 

LEGAL  BASIS:  Council  Regulation  (EEC)  n.  822/87 

AIMS:  To  extend  by  one  year  the  import  facilities  granted  to  certain  third  countries  pending  establishment  of  the  new 

arrangements. 

FINANCIAL  IMPLICATIONS: 

PERIOD  OF 
12  MONTHS 

(ECU  million) 

CURRENT 
FINANCIAL 
YEAR  (96) 
(ECU  million) 

FOLLOWING 
FINANCIAL 
YEAR. (97 
(ECU  million) 

5.0. 

EXPENDITURE 
-  CHARGED  TO  THE  EC  BUDGET 

(REFUNDS/INTERVENTION) 

-  NATIONAL  AUTHORITIES 
-  OTHER 

5.1. 

REVENUE 
-  OWN  RESOURCES  OF  THE  EC 
(LEVIES/CUSTOMS  DUTIES) 

-  NATIONAL 

ESTIMATED  EXPENDITURE 
ESTIMATED  REVENUE 

METHOD  OF  CALCULATION: 

998 

1999 

2000 

2001 

CAN  THE  PROJECT  BE  FINANCED  FROM  APPROPRIATIONS  ENTERED  IN  THE  RELEVANT 
CHAPTER  OF  THE  CURRENT  BUDGET.' 

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

YES 

YES 

NO 

NO 

6.2. 

WILL  A  SUPPLEMENTARY  BUDGET  BE  NECESSARY? 

6.3. 

WILL  FUTURE  BUDGET  APPROPRIATIONS  BE  NECESSARY? 

OBSERVATIONS 

Entails  negligible  financial  consequences. 

H 

5.0.1. 
5.1.1. 

5.2. 

6.0. 

6  1. 

amending Regulation  (EEC) No 2390/89 laying down general rules 
for the import of wines, grape juice and grape must 

r 

Proposal  for a 

COUNCIL REGULATION  (EC) No 

of 

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 wine1, 
as last amended by Regulation  (EEC) No 1544/952, 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 2390/893,  as  last  amended  by  Regulation  (EEC)  No  265/954, 
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 31 December 1995; whereas, 
taking  into  account  the  time  necessary  to  examine  the 
implementation  of  future arrangements, the abovementioned period 
should be extended until the end of 1996, 

HAS ADOPTED THIS REGULATION: 

OJ No L 84, 27. 3.1987, p.  1. 

OJ No L 148, 30. 6.1995, p. 31. 

OJ No L 232,  9. 8.1989, p.  1. 

OJ No L  31, 10. 2.1995, p.  2. 

4 

Article 1 

In  Article 3(2)  of  Regulation  (EEC)  No 2390/89, .the  date 
31 December 1995 is hereby replaced by 31 December 1996. 

Article 2 

This Regulation shall enter into force on 1 January 1996. 

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

Done at 

For the Council 

\ 

FINANCIAL  STATEMENT 

BUDGET  HEADING:  16 

APPROPRIATIONS:  ECU  1.113  m 

2. 

TITLE:  Council  Regulation  amending  Regulation  (EEC)  No  2390/89  laying  down  general  rules  for  the  import  of 

wines,  grape  juice  and  grape  must. 

LEGAL  BASIS:  Council  Regulation  (EEC)  n.  822/87 

AIMS:  To  extend  by  one  year  the  import  facilities  granted  to  certain  pending  establishment  of  the  new  arrangements. 

FINANCIAL  IMPLICATIONS: 

PERIOD  OF 
12  MONTHS 

(ECU  million) 

CURRENT 
FINANCIAL 
YEAR  (96) 
(ECU  million) 

FOLLOWING 
FINANCIAL 
YEAR  (97 
(ECU  million) 

5.0. 

EXPENDITURE 
-  CHARGED  TO  THE  EC  BUDGET 

(REFUNDS/INTERVENTION) 

-  NATIONAL  AUTHORITIES 
- OTHER 

5.1. 

REVENUE 
-  OWN  RESOURCES  OF  THE  EC 
(LEVIES/CUSTOMS  DUTIES) 

-  NATIONAL 

5.0.1. 
5.1.1. 

ESTIMATED  EXPENDITURE 
ESTIMATED  REVENUE 

5.2. 

METHOD  OF  CALCULATION: 

998 

1999 

2000 

2001 

6.0. 

6.1. 

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

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

6.2. 

WILL  A  SUPPLEMENTARY  BUDGET  BE  NECESSARY? 

6.3. 

WILL  FUTURE  BUDGET  APPROPRIATIONS  BE  NECESSARY? 

OBSERVATIONS 

Entails  negligible  financial  consequences. 

YES 

YES 

NO 

NO 

<l 

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