CELEX: 51991PC0348
Language: en
Date: 1991-09-27
Title: Proposal for a COUNCIL REGULATION ( EEC ) laying down rules for the description and presentation of special wines

COMMISSION OF THE EUROPEAN COMMUNITIES
                                     C0M(91)348  final
                                     Brussels, 27 September 1991
                        Proposal for a
                  COUNCIL REGULATION (EEC)
         laying down rules for the description and
               presentation of special wines
                (presented by the Commission)
 ---pagebreak---                                          &
                              EXPLANATORY MEMORANDUM
The capsules containing lead which are used to cover the closing devices of the
containers in which liqueur wines, semi-spark Iing wines and aerated semi-
sparkling wines are supplied to the final consumer are suspected of being one of
the causes of contamination where traces of lead are found in the wine. The
capsules contribute to the pollution of the environment when disposed of as waste
and could hamper Community wine exports to certain non-member countries. Their
use should consequently be banned.
For wines other than special wines, Council Regulation (EEC) No 2356/91 bans the
use of capsules containing lead. For sparkling wines and aerated sparkling
wines, Regulation (EEC) No 2357/91 imposes a similar ban. To allow the users and
manufacturers of the capsules a period to adjust, transitional arrangements
should be made for them to continue to be used and for wines put up in containers
fitted with such capsules to be kept for sale, and put on sale.
The adoption of this proposal for a Council Regulation has no financial
implications for the Community budget.
 ---pagebreak---  ---pagebreak---                    Proposal for Council Regulation (EEC) No
                                            of
                     laying down rules for the description and
                              presentation of special'wines
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the proposal from the Commission,
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 1734/91<2>, and in particular Article 72(1) thereof.
Whereas Council Directive 79/112/EEC of 18 December 1987 on the approximation of
the laws of the Member States relating to the labelling, presentation and
advertising of foodstuffs for sale to the ultimate consumer*3), as last amended
by Directive 89/395/EEC^4^, provides for the introduction of the principle of
the compulsory indication of the actual acIoho lie strength of all alcoholic
beverages;   whereas, on the other hand, in Article 10a thereof it provides for
the determination, by specific provisions, of detailed rules governing the
 indication of the alcoholic strength by volume on the labelling of products
falling within CN code 2204;
Whereas the description of liqueur wines, semi-sparkling wines and aerated
semi-sparkling wines is not regulated by Council Regulation (EEC) 2392/89 of 24
July 1989 laying down general rules for the description and presentation of
wines and grape musts ( 5 ) , as last amended by Regulation (EEC) No 2356/91 (6) ,
nor by Council Regulation (EEC) No 3309/85 of 18 November 1985 laying down
general rules for the description and presentation of sparkling wines and
aerated
(1)  0J No L  84, 27. 3.1987, p. 1.
(2)  0J No L 163, 26. 6.1991, p. 6.
(3)  0J NO L  33, 8. 2.1979, p. 1.
(4)  0J No L 186, 30. 6.1989, p. 17.
(5)  0J No L 232, 9. 8.1989, p. 13.
(6)  0J NO L 216, 3. 8.1991, p. 1.
 ---pagebreak---                                            H
sparkling wines* 7 ), as last amended by Regulation (EEC) No 2357/91* 8) ;
whereas specific rules should be laid down for the indication of the alcoholic
strength by volume on the labelling of such wines;
Whereas the use of lead to cover the closing devices of containers in which
wines or grape musts are marketed should be banned, firstly, in order to avoid
any risk of contamination in patricular by accidental contact with those
products, and secondly to avoid any risk of environmental pollution from waste
containing lead from the aforementioned capsules;
Whereas, however, to allow the manufacturers and users of these capsules a
period to adjust, this ban should be applied from 1 January 1993;
Whereas Council Regulation (EEC) No 1627/86 of 6 May 1986 laying down rules for
the description of special wines with regard to the indication of alcoholic
strength*9^ should be repealed;
HAS ADOPTED THIS REGULATION:
                                      Article 1
1.   The description on the labelling of liqueur wines, semi-spark Iing wines and
     aerated semi-sparkIing wines, as referred to in Annex I to Regulation (EEC)
     No 822/87 and Article 2 of Regulation (EEC) No 2391/89* 10) , shall include
     the actual alcoholic strength by volume.
2.   The actual alcoholic strength by volume shall be indicated in accordance
     with the conditions laid down in the implementing provisions.
                                      Art icle 2
Capsules or foils containing lead shall not be used to cover the closing devices
on liqueur wines, semi-sparkIing wines or aerated semi-sparkIing wines.
(7) OJ NO L 320, 29.11.1985, p.    9.
(8) OJ NO L 216. 3. 8.1991, p.     2.
(9) OJ NO L 144, 29. 5.1986, p.    4.
(10) OJ No L 232, 9. 8.1989, p.    10.
 ---pagebreak---                                         r
                                     Art icle 3
1.    Regulation (EEC) No 1627/86 is hereby repealed.
2.    References to the repealed Regulation shall be understood to be references
      to this Regulation and are to be interpreted in accordance with the table
     of equivalence set ou in the Annex hereto.
                                    Art icle 4
This Regulation shall enter into force on the day of its publication in the
Official Journal of the European Communities.
Article 2 shall apply with effect from 1 January 1993.
This Regulation shall be binding in its entirety and directly applicable in all
Member States.
Done at Brussels,
                                      For the CounciI
 ---pagebreak---                             ANNEX
Regulation (EEC) No 1627/86       This Régulât ion
    Article 1                        Article 1
    Article 2
    Article 3                        Art icle 4
 ---pagebreak---                                                       4
      FINANCIAL                     STATEMENT
 1. BUDGET HEADING: 16                                                 APPROPRIATIONS: ECU 1.581 million
 2. TITLE:
    Proposal for a Council Regulation laying down certain rules on the designation and presentation of
    special wines
 3. LEGAL BASIS: Council Regulation (EEC) No 822/87
4. AIMS OF PROJECT:
    To ban the use of lead capsules for special wines and to make provision for transitional periods during
    which lead capsules may be used for wine not fal I ing within the category of special wines
                                   Period of 12 months    Current Financial Year    Following Financial Year
5. FINANCIAL IMPLICATIONS                                         1991                        1992
                                       ECU mi 11 ion           ECU mi 11 ion                ECU mi 11 ion
5.0 EXPENDITURE
     - CHARGED TO THE EC BUDGET
     - (REFUNDS/INTERVENT ION)
     - NATIONAL ADMINISTRATION
     - OTHER
5.1 REVENUE
     - OWN RESOURCES OF THE EC
       (LEVIES/CUSTOMS DUTIES)
     - NATIONAL
                                         1993                1994                  1995               1996
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 BUDGET?
                                                                                                          YES
6.1 CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE CURRENT BUDGET?
                                                                                                          YES
6.2 IS A SUPPLEMENTARY BUDGET NECESSARY?
                                                                                                              NO
6.3 WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY?
                                                                                                              NO
OBSERVATIONS:
 ---pagebreak---                               FICHE D'IMPACT
OBJET:  Règlement Conseil établissant certaines règles pour la
        désignation et la présentation de vins spéciaux.
Cette mesure n'a pas d'impact sur les PME et l'emploi.
Diese MalBnahme hat weder Auswirkungen auf Klein- und Mittelbetriebe
noch auf die Beschàftigungslage.
This measure has no impact on the small and medium-sized businesses and
employment.
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(91) 348 final
                                                      DOCUMENTS
EN                                                                              03
                                Catalogue number : CB-CO-91-400-EN-C
                                                             ISBN 92-77-75798-1
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