CELEX: 51998PC0730(01)
Language: en
Date: 1998-12-07
Title: 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

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    Brussels, 07.12.1998
                                                    COM( 1998)730 final
                                  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
                                  Proposal for a
                      COUNCIL REGULATION (EC)
 amending Regulation (EEC) No 1873/84 authorising 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---  ---pagebreak---                         ttYPl ANATORY MEMORANDUM
The import into the Community of wine products originating in third countries is subject,
inter alia, 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 third country of origin. In
order to facilitate the import of such products the Commission in 1984 introduced
derogations into the Community rules authorising a degree of flexibility in the
establishment of the certificate and the analysis report provided that the third countries in
question offered special guarantees accepted by the Community. The relevant derogation
for the United States of America expires on 31 December 1998.
In addition, wines originating in third countries which have undergone oenological
practices not accepted in the Community may not be offered for direct human
consumption in the Community without an express derogation to be adopted by the
Council. Such a derogation is currently granted to wines originating in the United States
which have undergone certain oenological processes permitted in that country but banned
in the Community. That derogation also expires on 31 December 1998.
The Commission proposes to extend the derogations once more, until the end of the
negotiations currently going on between the Community and the United States with'a
view to the conclusion of an agreement on trade in wine. The Commission undertakes to
keep the Council regularly informed of the progress of the negotiations.
The financial impact of the above measures on the Community budget is negligible.
 ---pagebreak---                                         Proposai 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 organisation of the market in wine1, as last amended by Regulation (EC)
 No 1627/982, and in particular Article 70(2) thereof,
Having regard to the proposalfromthe Commission,
Whereas Article 1(2) and Article 2 of Council Regulation (EEC) No 2390/893, as last
amended by Regulation (EC) No 2611/974, provide 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 1998;
1
   OJL 84,27.3.1987, p. 1.
2
  OJL 186,16.7.1998, p. 9.
3
  OJL232, 9.8.1989,p. 1.
4
  OJL 353,24.12.1997, p. 1.
                                                3
 ---pagebreak--- Whereas negotiations arc currently under way between the Community, represented by
the Commission, and the United States of America, with a view to reaching an agreement
on trade in wine; whereas these negotiations involve the oenological practices and import
conditions applied by each party; whereas the intentions expressed by both parties
 indicate that the adoption of an agreement satisfactory to both parties can be expected
within a reasonable time; whereas to facilitate the smooth progress of these negotiations
the derogations for import facilities should be extended until the conclusion of these
negotiations;
Whereas, in order to avoid any deadlock in negotiations leading to the permanent
introduction of these facilities, a mechanism should be created whereby the Council can
verify the actual state of progress of the negotiations; whereas the Commission should
therefore keep the Council regularly informed of progress,
HAS ADOPTED THIS REGULATION:
                                         Article 1
Article 3(2) of Regulation (EEC) No 2390/89 is replaced by the following:
"2. Article 1(2) and the second subparagraph of Article 2(2) of Council Regulation (EEC)
No 2390/89 shall apply for the duration of the negotiations with the United States of
America on an agreement on trade in wine. The Commission shall keep the Council
regularly informed of the progress of these negotiations."
                                         Article 2
This Regulation shall enter into force on 1 January 1999.
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels,
                                                                          For the Council
                                           A
 ---pagebreak---        FINANCIAL STATEMENT
                                                                                       DATE.25.11.98
       BUDGET HEADING: B1-I6                                                            APPROPRIATIONS:
                                                                                       LA to PDB: EUR 66lin
2.     TITLE: 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 Reg. 822/87
       AIMS OF PROJECT: To extend, from 1 January 1999 until the conclusion of an agreement on trade in wine with the
       USA, derogations granted to that country in respect of wine imports.
5.     FINANCIAL IMPLICATIONS                                    PERIOD OF 12            CURRENT               FOLLOWING
                                                                     MONTHS             FINANCIAL               FINANCIAL
                                                                                           YEAR                    YEAR
                                                                                             (99)                  (2000)
                                                                    million ecu          million ecu             million ecu
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
                                                                    2001          2002               2003              2004
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?                                                              Y-ES/NO
OBSERVATIONS:        A derogation relating to wine imports is being extended pending the conclusion of negotiations. Compared
                     with the present situation there is no financial impact.
 ---pagebreak---                                        Proposai for a
                       COUNCIL REGULATION (EC) No |....|/98
                                             of
 amending Regulation (EEC) No 1873/84 authorising 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 organisation of the market in wine1, as last amended by Regulation (EC)
No 1627/982, 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 of a derogation, be offered or disposed of for direct human
consumption; whereas the Council derogated from this principle by Regulation (EEC)
 1
     OJL84, 27.3.1987, p. 1.
2
     OJL 186, 16.7.1998, p. 9.
 ---pagebreak---  No 1873/84*, as last amended by Regulation (EC) No2612/974; whereas the derogation
 expires on 31 December 1998;
 Whereas negotiations are currently under way between the Community, represented by
 the Commission, and the United States of America with a view to reaching an agreement
 on trade in wine; whereas the negotiations relate to the two parties' oenological practices;
 whereas the intentions expressed by the two parties indicate that the adoption of an
 agreement satisfactory to both parties can be expected within a reasonable time; whereas
 to facilitate the smooth progress of the negotiations the American oenological practices
 referred to in paragraph 1(b) of the Annex to Regulation (EEC) No 1873/84 which have
hitherto only been permitted for limited periods should be authorised as a transitional
measure until the conclusion of the negotiations;
 Whereas to avoid any deadlock in negotiations leading to the permanent introduction of
the oenological practices concerned, a mechanism should be created whereby the Council
can verify the actual state of progress of the negotiations; whereas the Commission
should therefore keep the Council regularly informed of progress,
HAS ADOPTED THIS REGULATION:
                                          Article J
In the second subparagraph of Article 1(1) of Regulation (EEC) No 1873/84, "until
31 December 1998" is replaced by "for the duration of the negotiations with the United
States of America on an agreement on trade in wine. The Commission shall keep the
Council regularly informed of the progress of these negotiations."
                                          Article 2
This Regulation shall enter into force on 1 January 1999.
3
     OJL 176, 3.7.1984, p. 6.
4
     OJL 353, 24.12.1997, p. 2.
 ---pagebreak--- This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels,                                                 For the Council
                                                                  The President
                                               S>
 ---pagebreak---        FINANCIAL STATEMENT
                                                                                       D A Ï T : 25.11.98
       BUDGET HEADING: Bl-16                                                           APPROPRIATIONS:
                                                                                       LA to PDB. EUR 661m
       TITLE: Council Regulation amending Regulation (LLC) No 1873/84 of 28 June 1984 authorizing «he 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 Reg. 822/87
4.     AIMS OF PROJECT: To extend, from 1 January 1999 until the conclusion of an agreement on trade in wine with the
       USA, derogations granted to that country in respect of wine imports.
       FINANCIAL IMPLICATIONS                                    PERIOD OF 12           CURRENT               FOLLOWING
                                                                    MONTHS             FINANCIAL               FINANCIAL
                                                                                           YEAR                   YEAR
                                                                                             (99)                 (2000)
                                                                    million ecu         million ecu             million ecu
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
                                                                   2001          2002                2003             2004
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?                                                                        YÊS/NO
6.3.   WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY?                                                             ¥ES/NO
OBSERVATIONS:       A derogation relating to wine imports is being extended pending the conclusion of negotiations. Compared
                    with the present situation there is no financial impact.
                                                              3
 ---pagebreak---  ---pagebreak---                                                                 ISSN 025 I • 1-175
                                                           COM(98) 730 final
                                             DOCUMENTS
EN                                                           03 10   11 02
                                    Catalogue number : CB-CO-98-730-EN-C
Office for Official Publications of the European Communities
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