CELEX: 51993PC0185(02)
Language: en
Date: 1993-05-04
Title: Proposal for a COUNCIL REGULATION (EEC) 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

COMMISSION OF THE EUROPEAN COMMUNITIES
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                                                                       C0M(93) 185 final
                                                                       Brussels, 4  May 1993
                                                       Proposal for a
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                                                  COUNCIL REGULATION (EEC)
                                       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 (EEC)
                                           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
                                              (presenttd by tht Cos*1 st 1on)
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 ---pagebreak---                                    s
                           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 30 April 1993 after having been extended
nine 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 nine times until 30 April 1993.
The Commission considers that it is necessary to extend the derogation for
an additional period of one year (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
                                        ot
                     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 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 wine(*), as last amended by
Regulation (EEC) No 1756/92<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 3200/92( 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 30
April 1993; whereas, taking in into account the time necessary to examine
the implementation of future arrangements, the abovementioned period
should be extended for one year,
HAS ADOPTED THIS REGULATION:
                                   Article 1
in Article 3(2) of Regulation (EEC) No 2390/89, the date   30  April   1993"
is hereby replaced by 30 April 1994."
(1)   OJ No L  84, 27.3.1987, p. 1.
(2)   OJ No L  180 , 1.7.1992, p. 27
(3)   OJ NO L  232, 9.8.1989, p. 7.
(4)   OJ No L  319, 4.11.1992, p. 1
 ---pagebreak---                                    -I-
                                 Article 2
This Regulation shall enter into force on the day of its publication in the
Official Journal of the European communities.
It shall apply with effect from 1 Mai 1993.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
Done at Brussels,                                     For the Council
 ---pagebreak---                                                           V
      FINANCIAL                      STATEMENT
                                                                       DATE:  22.04.1993
 1. BUDGET HEADING: 16                                                 APPROPRIATIONS: ECU 1 666 n
 2. TITLE:
    Proposal for a Council Regulation amending Regulation (EEC) Mo 2390/89 laying down general rules for the
    inport of wines, grape juice and grape must.
 3. LEGAL BASIS: Council Regulation (EEC) No 822/87
 4. AIMS OF PROJECT:
    To extend the period of validity of the derogation to allow negotiations with third countries to continue.
                                   Period of 12 months   Current Financial Year     Following Financial Year
 5.  FINANCIAL IMPLICATIONS                                       1993                      1994
 5.0 EXPENDITURE
     - CHARGED TO THE EC BUDGET
     - (REFUNDS/INTERVENTION)
     - NATIONAL ADMINISTRATION
     - OTHER
5.1 REVENUE
     - OWN RESOURCES OF THE EC
       (LEVIES/CUSTOMS DUTIES)
     - NATIONAL
                                         1995                1996                  1997               1998
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/NO
6.1 CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE CURRENT BUDGET?
                                                                                                        YES/NO
6.2 IS A SUPPLEMENTARY BUDGET NECESSARY?
                                                                                                        YES/NO
6.3 WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY?
                                                                                                        YES/NO
OBSERVATIONS:
Measure having no financial impact
 ---pagebreak---                                         r
                           COUNCIL REGULATION (EEC) No
                                        Of
                    amending the 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 wine^ 1 ), as last amended by
Regulation (EEC) No 1756/92< 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 3201/92( 4 );
whereas this derogation expired on 30 April 1993; 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 one year,
HAS ADOPTED THIS REGULATION:
(1)   OJ  No L 84, 27.3.1987, p. 1.
(2)   OJ  No L 180, 1.07.1992, p. 27,
(3)   OJ  No L  176, 3.7.1984, p. 6.
(4)   OJ  No L 319, 4.11.1992, p. 2
 ---pagebreak---                                    -é-
                                 Article 1
In the second subparagraph of Article 1(1) of Regulation (EEC) No 1873/84,
the date "30 April 1993" is hereby replaced by "30 April 1994."
                                 Article 2
This Regulation shall enter into force on the day of its publication in the
Official Journal of the European Communities.
It shall apply with effect from 1 Mai 1993.
This Regulation shall be binding in its entirety and directly applicable in
all Member states.
Done at Brussels,                                     For the Council
 ---pagebreak---              »c <*•,!& %i X J4JLs     IS ï ,
                                                                       DAZEl 22.04.1993
 1. B0B5BT HEADIMGt 16                                                 APPROPRIATIONS: ECU 1 666 a
 2. ZÎTLBl
    Proposal for A Council Ragulatlora emending Regulation (2BC) No 1873/94 authorizing the offer or disposal
    for direct hnaan consumption of certain isqportsd vinos which a&y have undergone oenological processes not
    not provided for in Regulation (ESC) No 822/87.
 3. LEGAL BASISI Council Regulation (EEC) Mo 822/87
 4. AIMS OF PROJECT:
    So extend the period of validity of the derogation to allov negotiations with third countries to continue.
                                    Period of 12 Month»   Current Financial Year    Following Financial Year
5.   FINANCIAL IMPLICATIONS                                       1992                      1994
5.0 EXPENDITURE
     - CHARGED TO THE SC BUDGET
     - ( BBPURDS/IMTERVENTI08T )
     - NATIONAL ADMINISTRATION
     • OTHER
5.1 REVENUE
     - OHM RESOURCES OP THE EC
       (LBVIE8/CUSTOMS DUTIES)
     - NATIONAL
                                          1995        |       1996                 1997       |       1998
5.0.1 ESTIMATED EXPENDITURE
5.1.1 ESTIMATED REVENUE
5.2 METHOD OF CALCULATION:
6.0 CAM THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE RELEVANT CHAPTER OF THE CURRENT BUDGET?
                                                                                                        YES/NO
6.1 CAN TBI PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE CURRENT BUDGET?
                                                                                                        YES/HO
6.2 IS A SUPPLEMENTARY BUDGET NECESSARY?
                                                                                                        YEfl/HO
6.3 WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY?
                                                                                                        YES/NO
OBSERVATIONS:
Measure having no financial iapact
 ---pagebreak---                                               s                      ISSN 0254-X475
                                                              COM (93) 185 final
                                                      DOCUMENTS
EN                                                                         03 02
                                Catalogue number : CB-CO-93-212-EN-C
                                                             ISBN 92-77-55439-8
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