CELEX: 51991PC0255(02)
Language: en
Date: 1991-07-09
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING FOR THE FIFTH TIME 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

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    C0M(91) 255 final
                                                    Brussels,  9 July 1991
                                       Proposal for a
                                  COUNCIL REGULATION (EEC)
             amending for the fourth time Regulation (EEC) No 2390/89 laying
                        down general rules for the import of wines,
                                 grape Juice and grape must
                                       Proposal for a
                                  COUNCIL REGULATION (EEC)
                 amending for the fifth time Regulation (EEC) No 1873/84
                    authorizing the offer or disposal for direct human
nra^rawt
                   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---                             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 31 July 1991 after having been extended
four 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 four times until 31 July 1991.
The Commission considers that it is necessary to extend the derogation for
an additional period of three months (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.
 ---pagebreak---                           COUNCIL REGULATION (EEC) No
                                        Of
          amending for the fourth time Regulation (EEC) No 2390/89
              laying down general rules for the import of wines,
                           grape Juice and grape must
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 822/87 of 16 March 1987 on the
common organization of the market in w i n e d ) , as last amended by
                             (2)
Regulation (EEC) No              , 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 2579/90<4>, set
out the 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 the said facilities to a trial period expiring on
31 July 1989; whereas, taking in into account the time necessary to
examine the implementation of future arrangements, the abovementioned
period should be extended for three month,
HAS ADOPTED THIS REGULATION:
(1)   0J No L 84, 27.3.1987, p. 1.
(2)   0J No L
(3)   0J No L 232, 9.12.1989, p. 7.
(4)   0J No L 198, 28.7.1990, p. 10
 ---pagebreak---                                     - 2 -
                                  Article 1
 In Article 3(2) of Regulation (EEC) No 2390/89, the date "31 July 1991" is
hereby replaced by "31 October 1991.
                                  Article 2
This Regulation shall enter into force on 1 August 1991
This Regulation shall be binding in its entirety and directly applicable in
a 11 Member States.
Done at Brussels,                                      For the Council
 ---pagebreak---                            COUNCIL REGULATION (EEC) No
                                          of
             amending for the fifth time Regulation (EEC) No 1873/84
          authorizing the offer or disposal for direct 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 COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 822/87 of 16 March 1987 on the
common organization of the market in w i n e d ) , as last amended by
Regulation (EEC) No           < 2 ) , and in particular Article 73(1) thereof,
Having regard to the proposal from the Commission,
Whereas Article 70(1) Regulation (EEC) No 822/87 provides that imported
products covered by that Article must be accompanied by a certificate
attesting that they satisfy 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 not consonant 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 1873/84^3), as last amended by Regulation (EEC) No 3888/89< 4 );
whereas this derogation expires on 31 July 1991; 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 for three months,
HAS ADOPTED THIS REGULATION:
(1)    OJ  No  L 84, 27.3.1987, p. 1.
(2)    OJ  No  L
(3)    OJ  NO  L 176, 3.7.1984, p. 6.
(4)    OJ  No  L 378. 27.12.1989, p. 15
 ---pagebreak---                                     - 2 -
                                  Article 1
 In the second subparagraph of Article 1(1) of Regulation (EEC) No 1873/84,
the date "31 July 1991" is hereby replaced by "31 October 1991."
                                  Article 2
This Regulation shall enter into force on 1 August 1991
This Regulation shall be binding in its entirety and directly applicable in
a 11 Member States.
Done at Brussels,                                      For the Council
 ---pagebreak---                               FICHE D'IMPACT
Objet:   2 propositions de Règlement du Conseil
       - portant quatrième modification du règlement (CEE) no 2390/89
         établissant les règles générales pour l'importation des vins,
         des Jus et des moûts de raisins
       - portant cinquième modification du règlement (CEE) no 1873/84
         autorisant l'offre et la livraison à la consommation humaine
         directe de certains vins importés susceptibles d'avoir fait
         l'objet de pratiques oenologiques non prévues par le règlement
         (CEE) no 822/87.
Cette mesure n'a pas d'impact sur les PME et l'emploi.
Diese Massnahme hat weder Auswirkungen auf Klein- und Mitteibetriebe
noch auf die Beschâftigungslage.
This measure has no impact on the small and medium-sized businesses and
employment.
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(91) 255 final
                                                      DOCUMENTS
EN                                                                              03
                                 Catalogue number : CB-CO-91-295-EN-C
                                                             ISBN 92-77-73964-9
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