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: 1997-12-08
Institutions: European Commission
Subjects: United States, import (EU), marketing standard, vinification, wine

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  08.12.1997 
COM(97) 695 final 

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) 

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 

o 

EXELAMAJiMlLMEMÛEAKIilIM 

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  1997. 

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 1997. 

The Commission considers that it is necessary to extend the derogation again and upto 
31 December,  1998.  Such a period should be sufficient  so as to allow a  continuation 
of the dialogue between the Community and the United States. 

Remark 

The adoption by the Council of the Regulation entails no financial consequences  for 
the Community budget. 

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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 wine1, as last amended by Regulation  (EEC) No 
2087/972, 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\  as last 
amended  by  Regulation  (EEC)  No  127/974,  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  1997;  whereas,  taking  into  account  the  time  necessary  to  examine  the 
implementation  of future  arrangements, the abovementioned  period  should be extended 
until 31 December  1998, 

HAS ADOPTED THIS REGULATION : 

Article I 

In Article 3(2) of Regulation (EEC) No 2390/89, the date 31 December  1997 is hereby 
replaced by 31 December  1998. 

This Regulation  shall enter into force on  1  January  1998. 

Article  2 

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2 

3 

OJN°L84,27.03.1987,  p. 1, 
OJN°L292,25.10.1997,  p. 1, 
OJN°L  232, 9.8.1989,  p.l 
OJN°L24,  25.01.1997, p. 1 

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

Done at Brussels, 

For the Council 

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FINANCIAL STATEMENT 

BUDGET HEADING: Bl  - 16 

APPROPRIATIONS: ECU 799 m 
(PB98) 

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:  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 

5.1. 

(REFUNDS/INTERVENTION) 

- NATIONAL  AUTHORITIES 
-OTHER 

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 
(98) 
(ECU million) 

FOLLOWING 
FINANCIAL YEAR 
(99) 
(ECU million) 

2000 

2001 

2002 

2003 

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. 

WELL A SUPPLEMENTARY BUDGET BE NECESSARY? 

6.3. 

WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY? 

'OBSERVATIONS 

YES 

YES 

NO 

NO 

Proposal for a 

COUNCIL REGULATION  (EC) No 

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 

LU 
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CD 
LU 
CD 
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6 

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 officiai  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  1997. 

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 1997. 

The Commission considers that it is necessary to extend the derogation again and upto 
31 December  1998.  Such a period  should  be sufficient  so as to allow a  continuation 
of the dialogue between the Community and the United States. 

Remark 

The adoption by the Council  of this Regulation  entails no financial  consequences  for 
the Community budget. 

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Proposal for a 

COUNCIL REGULATION  (EC) No 

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 
2087/972 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  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*,  as  last  amended  by  Regulation  (EC)  No  128/974; 
whereas this derogation  expires  on  31 December  1997; 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 31 December  1998, 

HAS ADOPTED THIS REGULATION: 

g 
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JO n°L  84 du 27.03.1987, p. 1 

' 
2  JO n°L292 du 25.10.97,  p.l. 
3  JOn°L  176 of 3.07.1984, p.6. 
4  JO n°L 24 of 25.01.1997, p.2. 

Article I 

In the second subparagraph of Article  1(1) of Regulation (EEC) No  1873/84, the date 
"31 December  1997" is hereby replaced by "31 December,  1998". 

This Regulation shall enter into force on  1  January 1998. 

Article 2 

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

Done at Brussels, 

For the Council 

<\ 

FINANCIAL  STATEMENT 

BUDGET HEADING: Bl  - 16 

APPROPRIATIONS: ECU 799 m 
(PB98) 

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. 

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. 

5. 

FINANCIAL IMPLICATIONS: 

5.0. 

EXPENDITURE 
- CHARGED TO THE EC BUDGET 

(1ŒFUNDS/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 
(98) 
(ECU million) 

FOLLOWING 
FINANCIAL YEAR 
(99) 
(ECU  million) 

2000 

2001 

2002 

2003 

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 

(O 

ISSN 0254-1475 

COM(97) 695 final 

DOCUMENTS 

EN 

02  03  10 

Catalogue  number  :  CB-CO-97-713-EN-C 

ISBN 92-78-29127-7 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg 

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