Proposal for a COUNCIL REGULATION (EC) amending Regulation (EEC) No 1873/84 authorizing the offer or disposal for direct human consumtption of certain imported wines which may have undergone oenological processes not provided for in Regulation (EEC) No 822/87
Date: 1996-12-09
Institutions: European Commission
Subjects: import licence, import policy, product quality, quality control of industrial products, wine

COMMISSION OF THE EUROPEAN  COMMUNITIES 

Brussels,  09.12.1996 
COM(96) 646  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  1996. 

In addition,  wine originating in non-member  countries which has undergone oenological  practices 
which  are  not  authorised  by  Community  regulations,  because  they  do  not  correspond  to  the 
traditional  concept  of  "good  oenological  practices",  may  not  be  offered  for  direct  human 
consumption in the Community.  In such cases, the Council may decide to grant a derogation.  Such 
a  derogation  was  granted  for  wine  originating  in the  United  States  as regards  the  application  of 
certain  oenological  practices  permitted  in  that  country  but  not  allowed  in  the  Community.  This 
derogation  also expires  on  31 December  1996. 

The Commission  considers that it is necessary to extend the derogation  again and upto the end of 
1997.  Such  a  period  should  be  sufficient  so  as  to  allow  a  continuation  of  the  dialogue  re 
established  in  1995  and  continuing  into  1996  between  the  Community  and  the  United  States 
through meetings held in Washington and Brussels.  Further discussions are planned for the coming 
months. 

Remark 

The  adoption  by  the  Council  of  the  two  abovementioned  Regulations  entails  no  financial 
consequences  for  the  Community  budget. 

Z 

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  wine1,  as last  amended  by  Regulation  (EC) No  1592/962  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  l(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 

'JO  n°L  84 du 27.03.1987,  p.l. 

2JOn°L206du  16.08.96,p.31. 

3 

of  a derogation,  be  offered  or  disposed  of for  direct  human  consumption;  whereas the  Council 
derogated  from  this principle by Regulation  (EEC) No  1873/843, as last amended by Regulation 

(EC)  No  119/96 ,  whereas  this  derogation  expires  on  31 December  1996;  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  1997, 

HAS  ADOPTED  THIS  REGULATION: 

Article 1 

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

"31 December  1996" is hereby  replaced by  "31 December  1997". 

Article 2 

This Regulation  shall  enter  into force  on  1 January  1997. 

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

Done  at 

For the  Council 

3JOn°L  176 du  3.07.1984,  p.6. 

"JOn°  L 20 du  26.01.1996,  p.l. 

FINANCIAL  STATEMENT 

BUDGET  HEADING:  16 

APPROPRIATIONS:  ECU  868 m 

2. 

TITLE:  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. 

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

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

arrangements. 

FINANCIAL  IMPLICATIONS: 

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: 

PERIOD  OF 
12 MONTHS 

(ECU  million) 

CURRENT 
FINANCIAL 
YEAR  (97) 
(ECU  million) 

FOLLOWING 
FINANCIAL 
YEAR  (98) 
(ECU  million) 

1999 

2000 

2001 

2002 

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 

JS 

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 wine(l),  as last amended by Regulation  (EEC) No  1592/96(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  120/96(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 31 December  1996; whereas,  taking  into  account  the time 

necessary  to  examine  the  implementation  of  future  arrangements,  the  abovementioned  period 

should  be extended  until  the  end  of  1997, 

HAS  ADOPTED  THIS  REGULATION: 

(1) 
(2) 
(3) 
(4) 

O J N oL  84, 27.  3.1987,  p.  1. 
OJ No L  206,  16. 8.1996,  p. 31. 
OJNoL232,  9.  8.1989,  p.  1. 
O J N oL  20, 26.  1.1996, p.  2. 

G 

Article 1 

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

by 31 December  1997. 

Article 2 

This Regulation  shall  enter into force  on  1 January  1997. 

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  868 m 

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. 

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

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

arrangements. 

FINANCIAL IMPLICATIONS: 

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: 

PERIOD OF  12 
MONTHS 

(ECU  million) 

CURRENT 
FINANCIAL 
YEAR 
(97) 
(ECU  million) 

FOLLOWING 
FINANCIAL 
YEAR 
(98) 
(ECU  million) 

1999 

2000 

2001 

2002 

6.0. 

6.1. 

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

YES 

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

YES 

NO 

NO 

6.2. 

WILL  A SUPPLEMENTARY  BUDGET  BE  NECESSARY? 

WILL  FUTURE  BUDGET  APPROPRIATIONS  BE  NECESSARY? 

OBSERVATIONS 

8 

ISSN 0254-1475 

COM(96) 646  final 

DOCUMENTS 

EN 

03  11  01  02 

Catalogue number  :  CB-C0-96-653-EN-C 

ISBN 92-78-13131-8 

Office  for Official  Publications of the European Communities 

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9