CELEX: 51996PC0646(01)
Language: en
Date: 1996-12-09
Title: Proposal for a COUNCIL REGULATION (EC) amending Regulation (EEC) No 1873/84 authorizing the offer or disposal for direct human consumtption of certain imported wines which may have undergone oenological processes not provided for in Regulation (EEC) No 822/87

COMMISSION OF THE EUROPEAN COMMUNITIES
                                              Brussels, 09.12.1996
                                              COM(96) 646 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 1996.
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 1996.
The Commission considers that it is necessary to extend the derogation again and upto the end of
 1997. Such a period should be sufficient so as to allow a continuation of the dialogue re-
established in 1995 and continuing into 1996 between the Community and the United States
through meetings held in Washington and Brussels. Further discussions are planned for the coming
months.
Remark
The adoption by the Council of the two abovementioned Regulations entails no financial
consequences for the Community budget.
                                                 Z
 ---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 wine1, as last amended by Regulation (EC) No 1592/962 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
        'JO n°L 84 du 27.03.1987, p.l.
        2
          JOn°L206du 16.08.96,p.31.
                                              3
 ---pagebreak--- of a derogation, be offered or disposed of for direct human consumption; whereas the Council
derogated from this principle by Regulation (EEC) No 1873/843, as last amended by Regulation
(EC) No 119/96 , whereas this derogation expires on 31 December 1996; 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 1997,
HAS ADOPTED THIS REGULATION:
                                            Article 1
In the second subparagraph of Article 1(1) of Regulation (EEC) No 1873/84, the date
"31 December 1996" is hereby replaced by "31 December 1997".
                                            Article 2
This Regulation shall enter into force on 1 January 1997.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at                                                                          For the Council
        3
          JOn°L 176 du 3.07.1984, p.6.
        "JOn° L 20 du 26.01.1996, p.l.
 ---pagebreak---        FINANCIAL STATEMENT
       BUDGET HEADING: 16                                                            APPROPRIATIONS: ECU 868 m
2.     TITLE: 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.
       FINANCIAL IMPLICATIONS:                               PERIOD OF                CURRENT               FOLLOWING
                                                             12 MONTHS                FINANCIAL              FINANCIAL
                                                                                       YEAR (97)              YEAR (98)
                                                            (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.
                                                              1999              2000              2001             2002
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.
                                                        JS
 ---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 wine(l), as last amended by Regulation (EEC) No 1592/96(2), 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 120/96(4), 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 1996; whereas, taking into account the time
necessary to examine the implementation of future arrangements, the abovementioned period
should be extended until the end of 1997,
HAS ADOPTED THIS REGULATION:
 (1)     O J N o L 84, 27. 3.1987, p. 1.
 (2)     OJ No L 206, 16. 8.1996, p. 31.
 (3)     OJNoL232, 9. 8.1989, p. 1.
 (4)     O J N o L 20, 26. 1.1996, p. 2.
                                            G
 ---pagebreak---                                              Article 1
In Article 3(2) of Regulation (EEC) No 2390/89, the date 31 December 1996 is hereby replaced
by 31 December 1997.
                                             Article 2
This Regulation shall enter into force on 1 January 1997.
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 868 m
       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.
       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.
       FINANCIAL IMPLICATIONS:                             PERIOD OF 12               CURRENT               FOLLOWING
                                                              MONTHS                  FINANCIAL               FINANCIAL
                                                                                         YEAR                    YEAR
                                                                                          (97)                    (98)
                                                            (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
                                                              1999               2000             2001              2002
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
        WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY?                                                            NO
 OBSERVATIONS
                                                         8
 ---pagebreak---                                                                   ISSN 0254-1475
                                                            COM(96) 646 final
                                              DOCUMENTS
 EN                                                             03 11 01      02
                                    Catalogue number : CB-C0-96-653-EN-C
                                                             ISBN 92-78-13131-8
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