Proposal for a Council Regulation (EC) amending Regulation (EEC) No 1873/84 authorising 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: 1998-12-07
Institutions: European Commission
Subjects: United States, human nutrition, import, marketing, trade agreement, viticulture, wine

COMMISSION OF THE EUROPEAN  COMMUNITIES 

Brussels, 07.12.1998 
COM( 1998)730  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 authorising 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) 

ttYPl  ANATORY MEMORANDUM 

The import into the Community of wine products originating in third countries is  subject, 
inter alia,  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 third country of origin. In 
order  to  facilitate  the  import  of  such  products  the  Commission  in  1984  introduced 
derogations  into  the  Community  rules  authorising  a  degree  of  flexibility  in  the 
establishment of the certificate  and the analysis report provided that the third countries in 
question offered  special guarantees  accepted by the Community. The relevant  derogation 
for the United States of America expires on 31 December 1998. 

In  addition,  wines  originating  in  third  countries  which  have  undergone  oenological 
practices  not  accepted  in  the  Community  may  not  be  offered  for  direct  human 
consumption  in  the  Community  without  an  express  derogation  to  be  adopted  by  the 
Council.  Such a derogation  is currently  granted  to wines originating  in the United  States 
which have undergone certain oenological processes permitted in that country but banned 
in the Community. That derogation  also expires on 31 December  1998. 

The  Commission  proposes  to  extend  the  derogations  once  more,  until  the  end  of  the 
negotiations  currently  going  on  between  the  Community  and  the  United  States  with'a 
view to the conclusion of an agreement  on trade in wine. The Commission  undertakes to 
keep the Council regularly informed  of the progress of the negotiations. 

The financial impact of the above measures on the Community budget is negligible. 

Proposai 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  organisation  of  the  market  in  wine1,  as  last  amended  by  Regulation  (EC) 
No 1627/982, 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 (EC) No 2611/974, provide 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 1998; 

1 OJL 84,27.3.1987, p. 1. 

2 OJL 186,16.7.1998, p. 9. 

3OJL232, 9.8.1989,p. 1. 

4  OJL 353,24.12.1997, p. 1. 

3 

Whereas  negotiations  arc  currently  under  way  between  the  Community,  represented  by 

the Commission, and the United States of America, with a view to reaching an agreement 

on trade in wine; whereas these negotiations involve the oenological practices and import 

conditions  applied  by  each  party;  whereas  the  intentions  expressed  by  both  parties 

indicate  that  the  adoption  of  an  agreement  satisfactory  to  both  parties  can  be  expected 

within  a reasonable time; whereas to facilitate  the smooth progress of these  negotiations 

the  derogations  for  import  facilities  should  be  extended  until  the  conclusion  of  these 

negotiations; 

Whereas,  in  order  to  avoid  any  deadlock  in  negotiations  leading  to  the  permanent 

introduction  of these facilities,  a mechanism  should be created  whereby  the Council  can 

verify  the  actual  state  of  progress  of  the  negotiations;  whereas  the  Commission  should 

therefore keep the Council regularly informed  of progress, 

HAS ADOPTED THIS REGULATION: 

Article 1 

Article 3(2) of Regulation (EEC) No 2390/89 is replaced by the  following: 

"2. Article  1(2) and the second subparagraph of Article 2(2) of Council Regulation (EEC) 

No  2390/89  shall  apply  for  the  duration  of  the  negotiations  with  the  United  States  of 

America  on  an  agreement  on  trade  in  wine.  The  Commission  shall  keep  the  Council 

regularly informed of the progress of these negotiations." 

Article 2 

This Regulation shall enter into force on  1  January 1999. 

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

States. 

Done at Brussels, 

For the Council 

A 

FINANCIAL  STATEMENT 

BUDGET HEADING:  B1-I6 

DATE.25.11.98 

APPROPRIATIONS: 

LA to  PDB:  EUR  66lin 

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  Reg.  822/87 

AIMS OF PROJECT:  To extend,  from  1 January  1999 until the conclusion  of an agreement on trade in wine with the 
USA, derogations  granted  to that country  in respect of wine imports. 

5. 

FINANCIAL  IMPLICATIONS 

5.0. 

5.1. 

EXPENDITURE 
- CHARGED  TO THE EC  BUDGET 

(REFUNDS/INTERVENTION) 
- NATIONAL  ADMINISTRATION 
- OTHER 

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

-  NATIONAL 

5.0.1. 
5.1.1. 

5.2. 

ESTIMATED  EXPENDITURE 
ESTIMATED  REVENUE 

METHOD OF  CALCULATION: 

PERIOD OF  12 
MONTHS 

million ecu 

CURRENT 
FINANCIAL 
YEAR 
(99) 
million ecu 

FOLLOWING 
FINANCIAL 
YEAR 
(2000) 
million ecu 

2001 

2002 

2003 

2004 

6.0. 

6.1. 

6.2. 

6.3. 

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? 

IS A SUPPLEMENTARY  BUDGET  NECESSARY? 

WILL  FUTURE  BUDGET APPROPRIATIONS  BE  NECESSARY? 

YES/NO 

YES/NO 

YES/NO 

Y-ES/NO 

OBSERVATIONS: 

A derogation  relating  to wine  imports  is being extended  pending the conclusion  of negotiations.  Compared 
with the present  situation  there  is no financial impact. 

Proposai for a 

COUNCIL  REGULATION  (EC) No |....|/98 

of 

amending Regulation (EEC) No 1873/84 authorising 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  organisation  of  the  market  in  wine1,  as  last  amended  by  Regulation  (EC) 
No  1627/982, 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) 

1  OJL84,  27.3.1987, p. 1. 

2  OJL  186, 16.7.1998, p. 9. 

No  1873/84*, as  last amended by Regulation  (EC)  No2612/974;  whereas  the derogation 

expires on 31 December 1998; 

Whereas negotiations  are currently under way between  the Community,  represented by 

the Commission, and the United States of America with a view to reaching an agreement 

on trade in wine; whereas the negotiations relate to the two parties' oenological practices; 

whereas  the  intentions  expressed  by  the  two  parties  indicate  that  the  adoption  of  an 

agreement satisfactory to both parties can be expected within a reasonable time; whereas 

to facilitate  the smooth progress of the negotiations  the American  oenological  practices 

referred to in paragraph  1(b) of the Annex to Regulation (EEC) No  1873/84 which have 

hitherto  only  been permitted  for  limited  periods  should  be  authorised  as  a transitional 

measure until the conclusion of the negotiations; 

Whereas to avoid any deadlock  in negotiations  leading to the permanent introduction of 

the oenological practices concerned, a mechanism should be created whereby the Council 

can  verify  the  actual  state  of  progress  of  the  negotiations;  whereas  the  Commission 

should therefore keep the Council regularly informed of progress, 

HAS ADOPTED THIS REGULATION: 

Article J 

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

31 December  1998" is replaced by "for the duration of the negotiations  with the United 

States  of  America  on  an agreement  on  trade  in  wine.  The  Commission  shall  keep the 

Council regularly informed of the progress of these negotiations." 

This Regulation shall enter into force on  1  January 1999. 

Article 2 

3  OJL  176, 3.7.1984, p. 6. 

4  OJL 353, 24.12.1997, p. 2. 

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

States. 

Done at Brussels, 

For the Council 

The President 

S> 

FINANCIAL  STATEMENT 

BUDGET  HEADING:  Bl-16 

D A Ï T:  25.11.98 

APPROPRIATIONS: 

LA  to  PDB.  EUR  661m 

TITLE: Council  Regulation  amending  Regulation  (LLC)  No  1873/84 of  28 June  1984 authorizing  «he 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  Reg.  822/87 

4. 

AIMS OF PROJECT: To extend,  from  1 January  1999 until  the conclusion of  an agreement on trade  in wine with the 
USA,  derogations  granted  to that country  in respect  of  wine  imports. 

FINANCIAL  IMPLICATIONS 

PERIOD OF  12 
MONTHS 

million ecu 

CURRENT 
FINANCIAL 
YEAR 
(99) 
million ecu 

FOLLOWING 
FINANCIAL 
YEAR 
(2000) 
million ecu 

5.0. 

5.1. 

EXPENDITURE 
- CHARGED TO THE  EC  BUDGET 

(REFUNDS/INTERVENTION) 
-  NATIONAL  ADMINISTRATION 
- 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: 

2001 

2002 

2003 

2004 

6.0. 

6.1. 

6.2. 

6.3. 

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? 

IS A SUPPLEMENTARY  BUDGET  NECESSARY? 

WILL FUTURE  BUDGET APPROPRIATIONS  BE  NECESSARY? 

YES/NO 

YES/NO 

YÊS/NO 

¥ES/NO 

OBSERVATIONS: 

A derogation  relating  to wine imports  is being extended  pending  the conclusion  of negotiations.  Compared 
with the present  situation  there  is no financial  impact. 

3 

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