CELEX: 51992PC0171(01)
Language: en
Date: 1992-04-30
Title: Proposal for a COUNCIL REGULATION (EEC) amending Regulation (EEC) No 2390/89 laying down general rules for the import of wines, grape juice and grape must

COMMISSION OF THE EUROPEAN COMMUNITIES
                                      C0M(90) 171 final
                                      Brussels, 30 April 1990
                           Proposal for a
                      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
                 (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 19 85 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 1992 after having been extended
seven 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 seven times until 30 April 1992.
The Commission considers that it is necessary to extend the derogation for
an additional period of six 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---                                             Proposal for a
                           COUNCIL REGULATION (EEC) 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 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(l), as last amended by
Regulation (EEC) No 1734/91< 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 526/92< 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 1992; whereas, taking in into account the time necessary to examine
the implementation of future arrangements, the abovementioned period
should be extended for six months,
HAS ADOPTED THIS REGULATION:
                                    Article 1
In Article 3(2) of Regulation (EEC) No 2390/89, the date    30   April   1992"
is hereby replaced by 31 October 1992."
                                    Article 2
This Regulation shall enter into force on the day of its publication in
the Official Journal of the European Communities.
(1)   OJ No  L 84, 27.3.1987, p. 1.
(2)   OJ No  L 163 , 26.6.1991, p. 6
(3)   OJ No  L 232, 9.8.1989, p. 7.
(4)   OJ No  L 58, 3.3.1992, p. 3
 ---pagebreak--- It shall apply with effect from 1 May 1992.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
Done at Brussels,                                     For the Council
 ---pagebreak---                                     - .5" -
                                               Proposal for a
                           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(^), as last amended by
Regulation (EEC) No 1734/91< 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 527/92< 4 >; whereas
this derogation expired on 30 April 1992; 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 six month,
HAS ADOPTED THIS REGULATION:
(1)   OJ  No L  84, 27.3.1987,  p. 1.
(2)   OJ  No L  26.06.1991, p.  6.
(3)   OJ  No L  176, 3.7.1984,  p. 6.
(4)   OJ  No L  58, 3.3.1992,   p. 4.
 ---pagebreak---                               - /   ~
                                  Article 1
In the second subparagraph of Article 1(1) of Regulation (EEC) No 1873/84,
the date "30 April 1992" is hereby replaced by "31 October 1992."
                                  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 May 1992.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
Done at Brussels,                                     For the Council
 ---pagebreak---                                                           ?-
      FINANCIAL                      STATEMENT
                                                                       DATE:  10.4.1992
 1. BUDGET HEADING: 16                                                 APPROPRIATIONS: ECU 1 1775 m
 2. 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.
 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                                        1992                      1993
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
                                         1994                1995                  1996               1997
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
OBSERVATIONS:
 ---pagebreak---                                                               p-
        FINANCIAL                     S TATEMENT
                                                                         DATE:  10.4.1992
  1. BUDGET HEADING: 16                                                  APPROPRIATIONS: ECU 1 1775 m
 2. TITLE:
      Proposal for a 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
      not provided for in Regulation (EEC) No 337/79.
 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                                          1992                      1993
 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
                                           1994                1995                  1996               1997
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
OBSERVATIONS:
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(92) 171 final
                                                      DOCUMENTS
EN                                                                          02 03
                                 Catalogue number: CB-CO-92-186-EN-C
                                                             ISBN 92-77-43664-6
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