CELEX: 51995PC0673(01)
Language: en
Date: 1995-12-14
Title: 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 wich may have undergone oenological processes not provided for in Regulation (EEC) No 822/87

COMMISSION OF THE EUROPEAN COMMUNITIES
                                           Brussels,
                                           COM(95) 673 final
                             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
                             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
                     (presented by the Commission)
 ---pagebreak---  ---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 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 1995 after having been
extended twelve times.
In addition, save where a derogation is decided by the Council,
wine originating in non-member countries which has undergone
oenological practices not pemitted by Community .regulations may not
be offered for direct human consumption in the Community. A
derogation from that rule was granted for wine originating in the
United States as regards the application of certain oenologicar
practices permitted in that country but not allowed in the
Community. This derogation also expires on 31 December 1995 after
having been extended twelve times.
The Commission considers that it is necessary to extend the
derogation again and until the end of 1996. Such a period should
be sufficient to allow the Community and the United States to
conclude 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.
                               A
 ---pagebreak---                            Proposal for a
                  COUNCIL REGULATION (EC) No
                            of
 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 winell) ,
as last amended by Regulation (EC) No 1544/95(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
the products referred to in Article 1(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
         OJ No L 84, 27. 3.1987, p. 1.
 12)
        OJ No L 148, 30. 6.1995, p. 31
                                   z
 ---pagebreak--- derogated from this principle by Regulation (EEC) No 1873/84(3),
as last amended by Regulation (EC) No 264/95(4) ; whereas this
derogation expires on 31 December 1995; 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 1996,
HAS ADOPTED THIS REGULATION:
                            Article 1
In the second subparagraph of Article 1(1) of Regulation (EEC)
No 1873/84, the date "31 December 1995" is hereby replaced by
"31 December 1996".
                            Article 2
This Regulation shall enter into force on 1 January 1996.
This Regulation shall be binding in its entirety and directly
applicable in all Member States.
Done at                                             For the Council
 31
     OJ No L 176,   3. 7.1984, p.  6
 4)
     OJ No L 31, 10. 2.1995, p.   1
                                 3
 ---pagebreak---        FINANCIAL STATEMENT
       BUDGET HEADING: 16                                                                APPROPRIATIONS: ECU 1.113 m
       I'ITLE: 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.
       LEGAL BASIS: Council Regulation (EEC) n. 822/87
       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              FINANCIAL
                                                                                          YEAR (96)              YEAR. (97
                                                               (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
                                                                  998               1999            2000              2001
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.
                                                                 H
 ---pagebreak--- amending Regulation (EEC) No 2390/89 laying down general rules
      for the import of wines, grape juice and grape must
                                 r
 ---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
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 1544/952, 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 2390/893, as last amended by Regulation (EEC) No 265/954,
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 1995; whereas,
taking   into account the time necessary to examine the
implementation of future arrangements, the abovementioned period
should be extended until the end of 1996,
HAS ADOPTED THIS REGULATION:
     OJ No L 84, 27. 3.1987, p.    1.
     OJ No L 148, 30. 6.1995, p. 31.
     OJ No L 232,   9. 8.1989, p.   1.
     OJ No L   31, 10. 2.1995, p.   2.
                                     4
 ---pagebreak---                             Article 1
In Article 3(2) of Regulation       (EEC) No 2390/89, .the   date
31 December 1995 is hereby replaced by 31 December 1996.
                            Article 2
This Regulation shall enter into force on 1 January 1996.
This Regulation shall be binding in its entirety and directly
applicable in all Member States.
Done at                                           For the Council
                                   \
 ---pagebreak---        FINANCIAL STATEMENT
       BUDGET HEADING: 16                                                             APPROPRIATIONS: ECU 1.113 m
2.     TITLE: Council Regulation amending Regulation (EEC) No 2390/89 laying down general rules for the import of
               wines, grape juice and grape must.
       LEGAL BASIS: Council Regulation (EEC) n. 822/87
       AIMS: To extend by one year the import facilities granted to certain pending establishment of the new arrangements.
       FINANCIAL IMPLICATIONS:                                PERIOD OF               CURRENT              FOLLOWING
                                                              12 MONTHS               FINANCIAL             FINANCIAL
                                                                                       YEAR (96)             YEAR (97
                                                             (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
                                                                998             1999             2000             2001
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.
                                                                <l
 ---pagebreak---  ---pagebreak---                                                                   ISSN 0254-1475
                                                            COM(95) 673 final
                                              DOCUMENTS
EN                                                                       03   ll
                                     Catalogue number : CB-CO-95-713-EN-C
                                                             ISBN92-77-97916-X
Office for Official Publications of the European Communities
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