CELEX: 51997PC0695(01)
Language: en
Date: 1997-12-08
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

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 Brussels, 08.12.1997
                                                 COM(97) 695 final
                                  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)
 ---pagebreak---  ---pagebreak---                                   Proposal for a
                      COUNCIL REGULATION (EC) No
                                        of
  amending Regulation (EEC) No 2390/89 laying down general rules for the import
                      of wines, grape juice and grape must
o
 ---pagebreak---                             EXELAMAJiMlLMEMÛEAKIilIM
   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 1984
   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 31 December 1997.
   In addition, wine originating in non-member countries which has undergone
   oenological practices which are not authorised by Community regulations, because
   they do not correspond to the traditional concept of "good oenological practices", may
   not be offered for direct human consumption in the Community. In such cases, the
   Council may decide to grant a derogation. Such a derogation was granted for wine
   originating in the United States as regards the application of certain oenological
   practices permitted in that country but not allowed in the Community. This derogation
   also expires on 31 December 1997.
   The Commission considers that it is necessary to extend the derogation again and upto
   31 December, 1998. Such a period should be sufficient so as to allow a continuation
   of the dialogue between the Community and the United States.
   Remark
   The adoption by the Council of the Regulation entails no financial consequences for
   the Community budget.
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 ---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 wine1, as last amended by Regulation (EEC) No
  2087/972, 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\ as last
  amended by Regulation (EEC) No 127/974, 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
  31 December 1997; whereas, taking into account the time necessary to examine the
  implementation of future arrangements, the abovementioned period should be extended
  until 31 December 1998,
  HAS ADOPTED THIS REGULATION :
                                          Article I
  In Article 3(2) of Regulation (EEC) No 2390/89, the date 31 December 1997 is hereby
  replaced by 31 December 1998.
                                          Article 2
  This Regulation shall enter into force on 1 January 1998.
g  '       OJN°L84,27.03.1987, p. 1,
   2
3          OJN°L292,25.10.1997, p. 1,
   3
           OJN°L 232, 9.8.1989, p.l
           OJN°L24, 25.01.1997, p. 1
o
 ---pagebreak---    This Regulation shall be binding in its entirety and directly applicable in all Member
   States.
   Done at Brussels,
                                                For the Council
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 ---pagebreak---         FINANCIAL STATEMENT
        BUDGET HEADING: Bl - 16                                                          APPROPRIATIONS: ECU 799 m
                                                                                         (PB98)
        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: To extend by one year the import facilities granted to certain third countries pending establishment of the new
                arrangements.
        FINANCIAL IMPLICATIONS:                                 PERIOD OF                 CURRENT               FOLLOWING
                                                                12 MONTHS             FINANCIAL YEAR          FINANCIAL YEAR
                                                                                              (98)                   (99)
                                                               (ECU million)             (ECU million)           (ECU million)
 5.0.   EXPENDITURE
        - CHARGED TO THE EC BUDGET
          (REFUNDS/INTERVENTION)
        - NATIONAL AUTHORITIES
        -OTHER
 5.1.   REVENUE
        - OWN RESOURCES OF THE EC
          (LEVIES/CUSTOMS DUTIES)
        - NATIONAL
                                                                 2000               2001             2002               2003
 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.   WELL A SUPPLEMENTARY BUDGET BE NECESSARY?                                                                   NO
  6.3.   WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY?                                                             NO
 'OBSERVATIONS
 ---pagebreak---                                      Proposal for a
                         COUNCIL REGULATION (EC) No
     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
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 ---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 officiai bodies and laboratories in the non-
     member countries in question. In order to facilitate imports of such products, in 1984
     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 31 December 1997.
    In addition, wine originating in non-member countries which has undergone
    oenological practices which are not authorised by Community regulations, because
    they do not correspond to the traditional concept of "good oenological practices", may
    not be offered for direct human consumption in the Community. In such cases, the
    Council may decide to grant a derogation. Such a derogation was granted for wine
    originating in the United States as regards the application of certain oenological
    practices permitted in that country but not allowed in the Community. This derogation
    also expires on 31 December 1997.
    The Commission considers that it is necessary to extend the derogation again and upto
    31 December 1998. Such a period should be sufficient so as to allow a continuation
    of the dialogue between the Community and the United States.
    Remark
    The adoption by the Council of this Regulation entails no financial consequences for
    the Community budget.
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 ---pagebreak---                                        Proposal for a
                          COUNCIL REGULATION (EC) No
     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
  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 wine1, as last amended by Regulation (EC) No
  2087/972 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 the products
  referred to in Article l(2)(a) and (b) of that Regulation may only be imported if
  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 applying 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 1873/84*, as last amended by Regulation (EC) No 128/974;
  whereas this derogation expires on 31 December 1997; 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 31 December 1998,
  HAS ADOPTED THIS REGULATION:
g '   JO n°L 84 du 27.03.1987, p. 1
  2
S     JO n°L292 du 25.10.97, p.l.
  3
S     JOn°L 176 of 3.07.1984, p.6.
  4
S     JO n°L 24 of 25.01.1997, p.2.
 ---pagebreak---                                         Article I
In the second subparagraph of Article 1(1) of Regulation (EEC) No 1873/84, the date
"31 December 1997" is hereby replaced by "31 December, 1998".
                                        Article 2
This Regulation shall enter into force on 1 January 1998.
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels,
                                              For the Council
                                           <\
 ---pagebreak---        FINANCIAL STATEMENT
       BUDGET HEADING: Bl - 16                                                          APPROPRIATIONS: ECU 799 m
                                                                                        (PB98)
       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.     LEGAL BASIS: Council Regulation (EEC) No 822/87
       AIMS: To extend by one year the import facilities granted to certain third countries pending establishment of the new
               arrangements.
5.     FINANCIAL IMPLICATIONS:                                   PERIOD OF               CURRENT                FOLLOWING
                                                                 12 MONTHS           FINANCIAL YEAR          FINANCIAL YEAR
                                                                                             (98)                   (99)
                                                                (ECU million)           (ECU million)           (ECU million)
5.0.   EXPENDITURE
       - CHARGED TO THE EC BUDGET
         (1ŒFUNDS/INTERVENTION)
       - NATIONAL AUTHORITIES
       -OTHER
5.1.   REVENUE
       - OWN RESOURCES OF THE EC
         (LEVIES/CUSTOMS DUTIES)
       - NATIONAL
                                                                  2000             2001              2002              2003
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.   WILL A SUPPLEMENTARY BUDGET BE NECESSARY?                                                                     NO
6.3.   WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY?                                                               NO
OBSERVATIONS       Entails negligible financial consequences.
                                                              (O
 ---pagebreak---  ---pagebreak---                                                                   ISSN 0254-1475
                                                            COM(97) 695 final
                                               DOCUMENTS
EN                                                                02 03 10
                                    Catalogue number : CB-CO-97-713-EN-C
                                                             ISBN 92-78-29127-7
Office for Official Publications of the European Communities
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