Council Regulation (EC) No 2838/98 of 17 December 1998 amending Regulation (EEC) No 2390/89 laying down general rules for the import of wines, grape juice and grape must
Date: 1998-12-17
Institutions: Council of the European Union
Subjects: United States, food inspection, fruit juice, fruit product, import policy, wine

30. 12. 98

EN

Official Journal of the European Communities

L 354/11

COUNCIL REGULATION (EC) No 2838/98

of 17 December 1998

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
the
16 March 1987 on the common organisation of
market in wine (1), and in particular Article 70(2) thereof,

Whereas, in order to avoid any deadlock in negotiations
leading to the permanent introduction of these facilities, a
mechanism should be set up 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,

Having regard to the proposal from the Commission,

HAS ADOPTED THIS REGULATION:

Whereas Articles 1(2) and 2 of Regulation (EEC) No
2390/89 (2), provide for import facilities for wine products
originating in third countries which offer specific guaran-
tees 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;

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 these negotiations
involve in particular the import conditions and oenolo-
gical practices of each party and also the protection of
appellation as to origin; whereas the intentions expressed
by both parties indicate that the adoption of an agree-
ment 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 entry into force of the
agreement resulting from these negotiations, but not later
than 31 December 2003;

Article 1

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

‘2.
Article 1(2) and the second subparagraph of
Article 2(2) shall apply until the entry into force of the
agreement resulting from the negotiations with the
United States of America on an agreement on trade in
later than 31 December 2003. The
wine, but not
Commission shall keep the Council
regularly
informed of the progress of these negotiations 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.

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

(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 232, 9. 8. 1989, p. 1. Regulation as last amended by
Regulation (EC) No 2611/97 (OJ L 353, 24. 12. 1997, p. 1).