Council Regulation (EC) No 2839/98 of 17 December 1998 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: 1998-12-17
Institutions: Council of the European Union
Subjects: United States, import (EU), marketing standard, vinification, wine

L 354/12

EN

Official Journal of the European Communities

30. 12. 98

COUNCIL REGULATION (EC) No 2839/98

of 17 December 1998

amending Regulation (EEC) No 1873/84 authorising the offer or disposal for
direct human consumption of certain imported wines which may have under-
gone 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 wine (1), 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 accompa-
nied by a certificate attesting that they comply with the
provisions on production, release for free circulation and,
where appropriate, disposal for direct human consump-
tion applying in the third country in which they ori-
ginate;

Whereas Article 73(1) of that Regulation stipulates that, if
the imported products in question have undergone oeno-
logical 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 (2);
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
involve, in particular the import conditions and the oeno-
logical practices of each party and also the protection of
appellation as to origin; whereas the intentions expressed
by the two parties indicate that the adoption of an agree-

(1) OJ L 84, 27. 3. 1987, p. 1. Regulation as last amended by
Regulation (EC) No 1627/98 (OJ L 186, 16. 7. 1998, p. 9).
(2) OJ L 176, 3. 7. 1984, p. 6. Regulation as last amended by
Regulation (EC) No 2612/97 (OJ L 353, 24. 12. 1997, p. 2).

ment satisfactory to both parties can be expected within a
reasonable time; whereas to facilitate the smooth progress
of these negotiations the American oenological practices
referred to in paragraph 1(b) of the Annex to Regulation
(EEC) No 1873/84 shold continue to be authorised as a
transitional measure until the entry into force of the
agreement resulting from the said negotiations but not
later than 31 December 2003;

Whereas to avoid any deadlock in negotiations leading to
the permanent introduction of the oenological practices
concerned, a mechanism should be set up whereby the
Council can verify the actual sate of progress of the nego-
tiations; whereas the Commission should therefore keep
the Council regularly informed of progress,

HAS ADOPTED THIS REGULATION:

Article 1

In the second subparagraph of Article 1(1) of Regulation
‘until 31 December 1998' shall be
(EEC) No 1873/84,
replaced by ‘until the entry into force of the agreement
resulting from the negotiations with the United States of
America on an agreement on trade in wine, but not later
than 31 December 2003. The Commission shall keep the
Council regularly informed of the progress of these nego-
tiations, and submit to the latter a report not later than 31
March 2000, together with appropriate proposals, if neces-
sary'.

Article 2

This Regulation shall enter into force on the day of its
publication in the Official Journal of the European
Communities.

It shall apply as from 1 January 1999.

30. 12. 98

EN

Official Journal of the European Communities

L 354/13

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

Done at Brussels, 17 December 1998.

For the Council

The President

W. MOLTERER