2002/624/EC: Commission Decision of 24 July 2002 authorising Italy to allow the export of an aromatised wine-based drink not complying with Council Regulation (EEC) No 1601/91 laying down general rules on the definition, description and presentation of aromatised wines, aromatised wine-based drinks and aromatised wine-product cocktails (notified under document number C(2002) 2773)
Date: 2002-07-24
Institutions: European Commission
Subjects: Italy, alcoholic beverage, derogation from EU law, export, third country

L 200/34

EN

Official Journal of the European Communities

30.7.2002

COMMISSION DECISION

of 24 July 2002

authorising Italy to allow the export of an aromatised wine-based drink not complying with
Council Regulation (EEC) No 1601/91 laying down general rules on the definition, description and
presentation of aromatised wines, aromatised wine-based drinks and aromatised wine-product
cocktails

(notified under document number C(2002) 2773)

(Only the Italian text is authentic)

(2002/624/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 1601/91 of 10
June 1991 laying down general rules on the definition, descrip-
tion and presentation of aromatised wines, aromatised wine-
based drinks and aromatised wine-product cocktails (1), as last
amended by Regulation (EC) No 2061/96 of the European
Parliament and of the Council (2), and in particular Article 11
thereof,

Whereas:

(6)

(7)

(8)

provided for in the legislation of the third countries
concerned.

The aromatised drinks thus produced will not be sold on
the Community market.

This derogation will apply for a limited period so that
the technical need for it can be reconsidered at a future
date or its conditions and scope can be amended in the
light of experience.

The derogation provided for in this Decision is in accor-
dance with the opinion of
Implementation
Committee on Aromatised Wine-Based Drinks,

the

(1)

(2)

(3)

(4)

(5)

Italy has sent the Commission a request for a derogation
as provided for in Article 11 of Regulation (EEC) No
1601/91 submitted by an Italian trader relating to an
aromatised wine-based drink intended for export
to
certain third countries.

The trader in question wishes to use the colour tartrazine
(E 102)
in the manufacture of this aromatised wine-
based drink.

No colours may be used in the manufacture of aroma-
tised wine-based drinks as defined in Article 2(1)(b) of
Regulation (EEC) No 1601/91.

Tartrazine is a foodstuff colour authorised under Direc-
tive 94/36/EC of the European Parliament and of the
Council of 30 June 1994 on colours for use in food-
stuffs (3) in the preparation of other alcoholic drinks and
foodstuffs placed on the Community market.

It is intended to use tartrazine for an aromatised wine-
based drink for export to third countries in which that
additive is legally permitted in this type of product. The
quantity involved is 30 000 hectolitres per year. Its use
poses no threat to human health at the levels of use

HAS ADOPTED THIS DECISION:

Article 1

Italy is authorised to allow, until 31 December 2005, the manu-
facture and export to certain third countries of an aromatised
wine-based drink coloured with tartrazine (E 102).

The resultant products shall meet the regulatory requirements
of the third countries concerned. This derogation shall apply to
an annual production quantity of 30 000 hl.

This Decision is addressed to the Italian Republic.

Article 2

Done at Brussels, 24 July 2002.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 149, 14.6.1991, p. 1.
(2) OJ L 277, 30.10.1996, p. 1.
(3) OJ L 237, 10.9.1994, p. 13.