CELEX: 51991PC0423
Language: en
Date: 1991-10-31
Title: Proposal for a COUNCIL REGULATION ( EEC ) amending for the first time Regulation ( EEC ) No 1601/91 laying down general rules on the definition, description and presentation of aromatized wine­based drinks and aromatized wine­product coktails

COMMISSION OF THE EUROPEAN COMMUNITIES
                                           C0M(91) 423 final
                                           Brussels, 31 October 1991
                            Proposal for a
                       COUNCIL REGULATION (EEC)
      amending for the first time Regulation (EEC) No 1601/91
      laying down general rules on the definition, description
          and presentation of aromatized wine-based drinks
                and aromatized wine-product cocktails
                    (presented by the Commission)
 ---pagebreak---                                        £
                          EXPLANATORY MEMORANDUM
Capsules containing lead used to cover closing devices on containers in
which aromatized wine-based drinks and aromatized wine-product cocktails
are supplied to the final consumer are suspected of being one of the
causes of traces of lead found in such products. Waste from such
capsules contributes towards environmental pollution. They are likely
to hamper the export of these wines to certain non-member countries.
The use of such capsules should accordingly be banned.
To allow users and manufacturers of capsules to adjust to this ban,
provision should be made for transitional periods during which lead
capsules may continue to be used and spirit drinks put up in containers
covered by such capsules may continue to be used and aromatized wine-
based drinks and aromatized wine-product cocktails put in containers
covered by such capsules may continue to be held with a view to sale and
placed on the market.
The adoption of this proposal for a Regulation by the Council has no
financial implications for the Community budget.
 ---pagebreak---                                     _.._ proposai for a
                          COUNCIL REGULATION (EEC) No       /91
                          of                               1991
                amending for the first time Regulation (EEC) No 1601/91
                laying down general rutes on the definition, description
                    and presentation of aromatized wine-based drinks
                          and aromatized wine-product cocktails
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 1576/89 of 29 May 1989 laying down
general rules on the definition, description and presentation of spirit
dr inks * 1 ) ,
Whereas the use of capsules or foil containing lead as a covering for closing
devices on containers in which spirit drinks are placed on the market should be
banned in order to prevent the risk of contamination, in particular by
accidental contact with those products, and the risk of environmental pollution
by waste containing lead from the abovementioned capsules or foil; whereas,
however, provision should be made for a period to adjust for the manufacturers
and users of such capsules and foil, and to that end, the ban in question should
apply from 1 January 1993 only,
HAS ADOPTED THIS REGULATION:
(1) OJ No L 149, 14.6.1991, p. I.
 ---pagebreak---                                         4
                                       Art icle 1
The following point    is hereby added to Article 8 of Regulation (EEC) No 1601/91:
"4a.   Bottled products covered by this Regulation may only be held with a view to
       sale or placed on the market   in containers fitted with closing devices not
       covered by lead-based capsules or foil."
                                       Art icle 2
This Regulation shall apply from 1 January 1993.
Th is Régulât ion shaI I be binding in its ent i rety and d i rectI y appIicab le in all
Member States.
Done at Brussels,                                         For the Counci
 ---pagebreak---        FINANCIAL S TATEMENT
                                                                      DATE: 17 September 1991
     BUDGET HEADING: 16                                               APPROPRIATIONS: ECU 1 581 mi 11 ton
2. TITLE:
     Proposal for a Council Regulation amending for the first time Regulation (EEC) No 1601/91 laying down
     general rules on the definition, description and presentation of aromatized wines, aromatized wine-based
     drinks and aromatized wine-products cocktails.
3. LEGAL BASIS:
     Council Regulation (EEC) to 1601/91
4. AIMS OF PROJECT:
     To ban the use of lead on containers of aromatized wine-product drinks
                                    Per iod of 12 months  Current Financial Year   Fol lowing Financial Year
5. FINANCIAL IMPLICATIONS                ECU mi II ion    (1991) ECU mi 11 ion     (1992) ECU mill 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
•'SERVATICNS:
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(91) 423 final
                                                      DOCUMENTS
EN                                                                              03
                                 Catalogue number : CB-CO-91-465-EN-C
                                                             ISBN 92-77-76770-7
Office for Official Publications of the European Communities
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