CELEX: 51989PC0367
Language: en
Date: 1989-07-17
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING COUNCIL REGULATION ( EEC ) NO 1188/81 BY BRINGING SPANISH WHISKY WITHIN THE SCOPE OF THE ADJUSTED REFUND PROVISIONS FOR CEREALS EXPORTED IN THE FORM OF CERTAIN SPIRITUOUS BEVERAGES

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  C0MC89) 367 final
                                                  Brussels,  17 July 1989
                           Proposal for a
                      COUNCIL REGULATION (EEC)
  amending Council Regulation (EEC) No 1188/81 by bringing Spanish whisky
          within the scope of the adjusted refund provisions for
        cereals exported in the form of certain spirituous beverages
                     (presented by the Commission)
 ---pagebreak---                                                                    O ^ - i (?%
                           EXPLANATORY MEMORANDUM
Pursuant to Protocol No 19 annexed to the Act of Accession of the United
Kingdom, Ireland and Denmark export refunds are granted on cereais used in
the manufacture of spirituous beverages.
Because of the special nature of their production, In which prolonged
ageing Is compulsory and blending Is customary, a specific mechanism was
Introduced for Scotch whisky and Irish whiskey.
Since these production features also apply to Spanish whisky export refunds
should be granted In regard to it under the same rules.
                                                                               /
 ---pagebreak---                                Proposal for a
                             CounclI Régulât Ion
  amending Council Regulation (EEC) No 1188/81 by bringing Spanish whisky
          within the scope of the adjusted refund provisions for
        cereals exported in the form of certain spirituous beverages
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
     5
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on
the common organization of the market In cereals^1), as last amended by
Regulation (EEC) No 1213/89<2), and In particular Article 16(4a) and (5)
thereof,
Having regard to the proposal from the Commission,
Whereas Article 16(4a) of Regulation (EEC) No 2727/75 provides that where
necessary In order to take account of the special features of the
production of certain spirituous beverages obtained from cereals the rules
on the granting of export refunds may be adjusted; whereas such adjustment
has proved necessary In the case of spirituous beverages that In their
final state are a blend of numerous components and for which prolonged
ageing is compulsory, since it is Impossible to trace the identity of the
cereals Incorporated In the final product exported;
(1) OJ NO L 281, 1.11.1975, p. 1.
(2) OJ NO L 128, 11.5.1989, p. 1.
                                                                           ~)
 ---pagebreak---                                      - 2
Whereas Article 2 of Council Regulation (EEC) No 1188/71 of 28 April 1981
laying down general rules for granting refunds adjusted In the case of
cereals exported in the form of certain spirituous beverages and the
criteria for fixing the amount of such refunds and amending Regulation
(EEC) No 3035/80 concerning certain products not covered by Annex il to the
Treaty^ 3 ) lists the spirituous beverages to which these special
production features apply;
Whereas they also apply to Spanish whisky as defined In Spanish
 legislation; whereas it must therefore be specifically mentioned in the
said Regulation,
HAS ADOPTED THIS REGULATION:
                                   Article 1
The following third Indent is added In Article 2 of Regulation (EEC)
No 1188/81:
"- Spanish whisky - as defined In Decree 644/1973 of 29 March 1973, amended
by Royal Decree 665/1983 of 2 March 1983, of Spain."
                                   Article 2
This   Regulation shall enter Into force on the third day following Its
publication In the Official Journal of the European Communities.
 It shall apply with effect fromî^oefeber 1989.
This Regulation shall be binding In Its entirety and directly applicable in
a 11 Member States.
Dona at                                          For the Council
 (3) OJ No L 121, 5.5.1981, p. 3.
                                                                            1
 ---pagebreak---                                FINANCIAL DETTES
      (of draft Commission regulations or decisions)                                DG V
 1. The measure has not yet                The measure has already been
    been the subject of                    the subject of financial
    financial detaiIs                      detalIs as it involves:
                                                   the implementation of a Council
                                                   regulation; see financial statement
                                                   appended to written procedure No ..
                                                   a measure already covered by the
                                                   overall financial Impact of the
                                                   proposa I/dec is Ion on agricultural
                                                   pr ices
 2. Does the measure as such have any financial consequences?
            relates to technical rules of application
            negl igible
    Financial consequences of the measure as such
    (on revenue/expenditure):
     . on current financial year        :       p.m          ECU m     on
     . on the folicwing financial year:         p.m          ECU m     on           YES
 3. Budget headings concerned and appropr i at ions for current financial year
    -Article:           250
    - Appropriations: 54         ECU million
 4. Financing of measure:
    (a) Can the measure be financed by appropriations entered in the current budget?
        - in the post(s) concerned
        - in the chapter(s) concerned                                              YES
    (b) If not, is there a risk as a resuM . of this measure of insufficient
         total appropriations for the EAGGF Guarantee Section entered for
         the current financial year?
    (c) Is financing provided for In the preliminary draft for the
         following financial year?                                                 NO
    Remarks: (1)
    Method of calculation:
      149840 (litres of alcohol exported) x 1,25
                                             0,33 (coeff. cereals/alcohol) - 568 tonnes
    568 tonnes x ECU 115/tonne x 1,1S)3 (DR) - ECU 77 927 - ECU 0.08 mi I I ion
(1) Indi cate where appropriate the cc>st to be borne if the measure is not app>!led.
 ---pagebreak--- Cette mesure n'a pas d'impact sur les PME et l'emploi
Dièse Massnahme hat weder Auswirkungen auf Klein-und Mittelbetriebe
noch auf die Beschaftigungslage.
This measure has no impact on the small andmedium-sized businesses
and employment.-
 ---pagebreak---  ---pagebreak--- Commission of the European Communities
COM(89) 367 final
Proposal for a
COUNCIL REGULATION (EEC)
amending Council Regulation (EEC) No 1188/81 by bringing Spanish
whisky within the scope of the adjusted refund provisions for cereals
exported in the form of certain spirituous beverages
(submitted to the Council by the Commission)
 17.7.1989
Office for Official Publications of the European Communities
L - 2985 Luxembourg
Series: DOCUMENTS
 1989 — 6 pp. — Format: 21.0 * 29.7 cm
EN
ISSN 0254-1475
ISBN 92-77-52090-6
Catalogue number: CB-CO-89-320-EN-C
 ---pagebreak---                                             ISSN 0254-1475
COM(89) 367 final
DOCUMENTS
Proposal for a
COUNCIL REGULATION (EEC)
amending Council Regulation (EEC) No 1188/81
by bringing Spanish whisky within the scope of
the adjusted refund provisions for cereals
exported in the form of certain spirituous
beverages
(submitted to the Council by the Commission)
03                                         17.7.1989
Catalogue number: CB-CO-89-320-EN-C
ISBN 92-77-52090-6
€
 COMMISSION OF THE EUROPEAN COMMUNITIES