CELEX: 51994PC0152(01)
Language: en
Date: 1994-04-26
Title: 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

MfUH
          COMMISSION OF THE EUROPEAN COMMUNITIES
                                                      COM(94) 152 final
« Si #f                                               Brussels, 26.04.1994
 II
                                       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)
 _  _i..v
 ---pagebreak---                            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 official
bodies and laboratories in the non-member countries in question. In order
to facilitate imports of such products, in 1985 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 30 April 1994 after having been extended
ten times.
In addition, save where a derogation is decided by the Council, wine
originating in non-member countries which has undergone oenological
practices not permitted by Community regulations may not be offered for
direct human consumption in the Community. A derogation from that rule was
granted until 26 July 1988 for wine originating in the United states as
regards the application of certain oenological practices permitted in that
non-member country but not allowed in the Community, and was subsequently
extended ten times until 30 April 1994.
The Commission considers that it is necessary to extend the derogation
until the end of 1994 (so as not to disturb trade in the wine sector).
Such a period should be sufficient to allow the Community and the United
States to complete their negotiations for the conclusion of an arrangement
on the wine sector.
Remark
The adoption by the Council of the two abovementioned Regulations entails
no financial consequences for the Community budget.
                                 J
 ---pagebreak---                                 - 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 wine* 1 ), as last amended by Regulation
(EEC) No 1566/93( 2 ), 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(3), as last amended by Regulation         (EEC) No   1211/93( 4 ),  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
30 April 1994; whereas, taking into account the time necessary to examine
the implementation of future arrangements, the abovementioned period should
be extended until the end of 1994,
HAS ADOPTED THIS REGULATION:
(1) OJ No  L 84, 27.3.1987, p. 1.
(2) OJ No  L 154, 25.6.1993, p. 39
(3) OJ No  L 232, 9.8.1989, p. 1.
(4) OJ No  L 123, 19.5.1993, p. 4.
 ---pagebreak---                                   Article 1
In Article 3(2) of Regulation (EEC) No 2390/89, the date 30 April 1994 is
hereby replaced by 31 December 1994.
                                 Article 2
This Regulation shall enter into force on 1 May 1994.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
Done at Brussels,                                     For the Council
                                                      The          President
                                    3
 ---pagebreak---          FINANCIAL                       STATEMENT
                                                                               Date;
 1. BUDGET HEADING: 16                                                         APPROPRIATIONS: ECU 1 666 m
 2. 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 OF PROJECT:
    To extend the period of validity of the derogation to allow negotiations with third countries to continue
5. FINANCIAL IMPLICATIONS                  PERIOD OF 12 MONTHS        CURRENT FINANCIAL      FOLLOWING FINANCIAL
                                                                             YEAR                    YEAR
                                                                             (93)                    (94)
 5.0. EXPENDITURE
      - CHARGED TO THE EC BUDGET
        (REFUNDS)
      - NATIONAL ADMINISTRATION
      - OTHER
5.1. REVENUE
    - OWN RESOURCES OF THE EC
      (LEVIES/CUSTOMS DUTIES)
    - NATIONAL
                                                1995               1996                1997             1998
5.0.1. ESTIMATED EXPENDITURE
5.1.1. ESTIMATED REVENUE
5.2. METHOD OF CALCULATION:
6.0. CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE RELEVANT CHAPTER OF THE CURRENT BUDGET7YES/NO
6.1. CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE CURRENT BUDGET?                        YES/NO
6.2. IS A SUPPLEMENTARY BUDGET NECESSARY?                                                                   YES/NO
6.3. WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY?                                                        YES/NO
COMMENTS:
Measure has no financial impact
 ---pagebreak---                                    Proposal for &
                            COUNCIL REGULATION (EC) Wo
              amending Regulation (EEC) H« l§73/84 authorizing the
                offer or disposal for direct frumân coa»u»ption of
                 certain imported wines which may have undergone
                    oenological processes not provided for in
                            Regulation (SEC) Mo #22/87
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 wine(l), as last amended by Regulation
(EEC) No 1566/93( 2 ), 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 imported
products   covered   by  that Article    must  be   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 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
         3                                                             4
1873/84( >, as     last amended   by Regulation     (EEC) No   1212/93< );  whereas
this derogation expires on 30 April 1994; 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 the end of 1994,
(1) OJ  No L 84, 27.3.1987, p. 1.
(2) OJ  No L  154, 25.6.1993, p. 39.
(3) OJ  No L  176, 3.7.1984, p. 6.
(4) OJ  No L  123, 19.5.1993, p. 5.
 ---pagebreak--- HAS ADOPTED THIS REGULATION:
                                  Article 1
In the second subparagraph of Article 1(1) of Regulation (EEC) No 1873/84,
the date 30 April 1994 is hereby replaced by 31 December 1994.
                                 Article 2
This Regulation shall enter into force on 1 May 1994.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
Done at Brussels,                                     For the Council
                                                      The          President
                                   - < -
 ---pagebreak---               FINANCIAL                       STATEMENT
                                                                                    Date:
   1. BUDGET HEADING: 16                                                            APPROPRIATIONS: ECU 1 567 m
   2. 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_ i*£GAL BASIS: Council Regulation (EEC) No 822/87
  •«- XIMS OF PROJECT:
       T o extend the period of validity of the derogation to allow negotiations with third countries to continue
   5- FINANCIAL IMPLICATIONS                    PERIOD OF 12 MONTHS        CURRENT FINANCIAL      FOLLOWING FINANCIAL
                                                                                  YEAR                    YEAR
                                                                                  (93)                    (94)
  5.0. EXPENDITURE
          - CHARGED TO THE EC BUDGET
             (REFUNDS)
          - NATIONAL ADMINISTRATION
          - OTHER
  5.1. REVENUE
       - OWN RESOURCES OF THE EC
          (LEVIES/CUSTOMS DUTIES)
       - NATIONAL
                                                     1995               1996               1997              1998
  5.0.1. ESTIMATED EXPENDITURE
  5.1.1. ESTIMATED REVENUE
 5.2. METHOD OF CALCULATION:
 6.0. CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE RELEVANT CHAPTER OF THE CURRENT             YES/NO
          BUDGET ?
*-4- CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE CURRENT BUDGET?
* _ 2 _ IS A SUPPLEMENTARY BUDGET NECESSARY?
        .«ILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY?
             has no financial impact
                                                           7
 ---pagebreak---                                                                        ISSN 0254-1475
                                                                COM(94) 152 final
                                                        DOCUMENTS
EN                                                                       03 11 02
                                 Catalogue number : CB-CO-94-160-EN-C
                                                               ISBN 92-11-61141-3
jitivo :or Ofiic^ai Publica;iun:: of the European. Communities