CELEX: 51989PC0140
Language: en
Date: 1989-03-28
Title: Proposal for a COUNCIL REGULATION (EEC) laying down general rules for the import of wines, grape juice and grape must (presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (89) 140
Vol. 1989/0041
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
dossier est ouvert au public. Le cas échéant, les documents classifiés présents dans ce dossier
ont été déclassifiés conformément à l'article 5 dudit règlement ou sont considérés déclassifiés
conformément aux articles 26(3) et 59(2) de la décision (UE, Euratom) 2015/444 de la
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informations classifiées de l'Union européenne.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as last amended by Council
Regulation (EU) 2015/496 of 17 March 2015 (OJ L 79, 27.3.2015, p. 1), this file is open to the
public. Where necessary, classified documents in this file have been declassified in conformity
with Article 5 of the aforementioned regulation or are considered declassified in conformity with
Articles (26.3) and 59(2) of the Commission Decision (EU, Euratom) 2015/444 of 13 March 2015
on the security rules for protecting EU classified information.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
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Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                              COM(89 ) 140 final
                                              Brussels , 28 March 1989
                               Proposal for a
                       COUNCIL REGULATION ( EEC )
   laying down general rules for the import of wines , grape juice
                               and grape must
                    ( presented by the Commission )
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 ---pagebreak---                             EXPLANATORY MEMORANDUM
1 . On 1 April 1987 the Commission Instructed its departments " to
    produce a formal consolidated version of legislative instruments no
    later than after their tenth amendment " [ COM ( 87 ) Min 868 ]. The
    Commission was responding to repeated urgings from Parliament and
    other quarters that Community law should be made clearer and more
    accessible to the ordinary citizen and recognizing the need for
    consolidation and simplification of Community legislation in the
    various fields it covers .
2 . The proposal alms at legislative consolidation : the existing
    regulations would be replaced by one new one , wich would leave their
    substance untouched but would assemble them into a single text , with
    only the formal amendments required by the operation itself .
    As in the past the text supplied here is collated from the original
    regulations as published in the Official Journal ; the use of
    photocopies means that any improvements to the wording are
    Immediately identifiable .
3 . This proposal , which would provide a consolidated version of Council
    Regulation ( EEC ) No 354/ 79 of 5 February 1979 laying down general
    rules for the Import of wines , grape Juice and grape must , forms
    part of a broader programme of consolidation of the wine
    regulations ; although Regulation No 354/ 79 has not been amended
    frequently , its original structure has been changed to the point
    where a consolidated text would be useful to simplify reference to
     it in the trade .
 ---pagebreak---                             EXPLANATORY MEMORANDUM
1 . On 1 April 1987 the Commission instructed its departments " to
    produce a formal consolidated version of legislative instruments no
    later than after their tenth amendment " [ COM ( 87 ) Min 868 ]. The
    Commission was responding to repeated urgings from Parliament and
    other quarters that Community law should be made clearer and more
    accessible to the ordinary citizen and recognizing the need for
    consolidation and simplification of Community legislation in the
    various fields it covers .
2 . The proposal alms at legislative consolidation : the existing
    regulations would be replaced by one new one , wich would leave their
    substance untouched but would assemble them into a single text , with
    only the formal amendments required by the operation itself .
    As in the past the text supplied here is collated from the original
    regulations as published In the Official Journal ; the use of
    photocopies means that any improvements to the wording are
    Immediately identifiable .
3 . This proposal , which would provide a consolidated version of Council
    Regulation ( EEC ) No 354/ 79 of 5 February 1979 laying down general
    rules for the import of wines , grape Juice and grape must , forms
    part of a broader programme of consolidation of the wine
    regulations ; although Regulation No 354 /79 has not been amended
    frequently , its original structure has been changed to the point
    where a consolidated text would be useful to simplify reference to
     It In the trade .
 ---pagebreak---            COUNCIL REGULATION ( EEC ) No 354 /79
                      of 5 February 1979
laying down general rules for the Import of wines , grape
                     Juice and grape must
           ( OJ Nr L 54 of 5 march 1979 , p. 97 )
               amended by regulations ( EEC ) Nr
       2633 / 85 ( OJ Nr L 251 Of 20.09.1985 , P.    3)
       3805 / 85 ( OJ Nr L 367 of 31 . 12.1985 , P. 39 )
        222 / 89 ( OJ Nr L 29 of 31 . 01 . 1989 , P. 1)
                                if
                                «
 ---pagebreak---                                              Proposai for a
                                        COUNCIL REGULATION (EEC)
                 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 4250/88 (2), and in particular Article 70 (2) thereof,
    Having regard to the proposal from the Commission,
    Whereas the general rules for the inport of wines, grape
    juice and grape must , laid down by Council Regulation
    ( EEC ) No 354 / 79 ( 3 ), as 1 ast amended by Regulation
    ( EEC ) No 222 / 89 ( 4 ), have been substantially amended;
    whereas , following a number of successive consolidations
    of the Community rules on wine , it is appropriate , for
    reasons of clarity , to consolidate the said Regulation ;
   Whereas Article 70(1 ) of Regulation ( EEC ) No 822/87
   provides that the imported products covered by that
   Article must be accompanied by a certificate and an            1.      354 / 79
   analysis report issued by a body or service designated by
   the third country in which the products originate;
   whereas the conditions which the analysis report must
   meet have to be laid down;
   Whereas provision should be made pursuant to Article
     70(2) (b) of Regulation (EEC) No 822 / 87 for
   dispensing with the certificate and analysis report in the
   case of products which are imported from third
   countries in limited quantities and packed in small
   containers ; whereas, to simplify controls, the condition
   as to quantiry may be considered as fulfilled in the case
   of imports from third countries whose total annual
   exports to the Community are already very small ;
   whereas, in this case, to avoid deflection of trade, the
   wines must not only originate in those countries but
   must be imported from them,
 ) OJ No L 84, 27. 3. 1987, p. 1 .
2 No 1 373- 31 l2- l98H- P SS‘
   OJ No L 54, 5. 3. 1979. p. 97,
0 OJ No L 29 , 31 . 1 . 1989, p. 1 •
 ---pagebreak---                                                         - 5 -
Whereas some third countries, having established vis-
i-vis their wine producers an effective inspection              2. 2633 / 85
system implemented by the bodies or services of those
third countries, referred to in Article 70 ( 1 ) (a) of Regu¬
lation (EEC) No 822 / 87, have expressed an interest in
the possibility of authorizing the producers themselves
to issue certificates and analysis reports provided for in
that Article ; whereas, with a view to facilitating trade
with those third countries, in so far as they have
concluded undertakings with the Community which
include clauses, concerning closer cooperation on the
prevention of fraud and^.maintain good trade relations
with the Community, it is appropriate to authorize
those concerned, in a manner similar to that already
allowed for wines of Community origin, to consider
documents issued by the producers themselves as
documents issued by the said bodies or services of the
third countries, provided that they provide appropriate
assurances and exert proper control over the issue of
such documents ;
Whereas, in order to test the effectiveness of the new          3.
 system, it should be stipulated from the outset, that
 these rules will apply only for a               trial period ;
 Whereas, in view of the need to ensure swift and effec¬
 tive protection of consumers, it is essential to               4.
  provide for suspending the new
 arrangements before the end of the test period in the
 event of a health risk to the consumer or in the event
 of fraud ;
  Whereas          with a view to facilitating trade with
 third countries which can provide sufficient assurances
 with regard to the production of wine, it is appropriate
 to stipulate that only certain particulars need be
 provided with regard to wine originating in those third
 countries ;
      HAS ADOPTED THIS REGULATION :
 ---pagebreak---                                       - 6 -
 Artide 1
1.      The certificate and the analysis report referred
to in Article 70 ( 1 ) (a), first and second indents
respectively, of Regulation (EEC) No 822 / 87 shah
form a single document :                                   2033 / 85
(a) the “certificate” part of which shall be made out
     by a body of the third country in which the
      products originated, those countries to be indi-»
     cated on a list to be adopted ;
(b) the “analysis report” part of which shall be
      made out by an official laboratory recognized by
      the third country in which the products origi¬
      nated, that laboratory also to appear on the list
      referred to under (a).
 2. In accordance with the procedure Laid down in
 Article 83 of Regulation (EEC) No 822 / 87 and on
 condition that the assurances provided by the third
 country concerned have been accepted by the
 Community, documents drawn up by the producers
 may be considered as certificates or analysis reports
 made out by the bodies and laboratories appearing
 on the list referred to in paragraph 1 , provided
 that :
  (a) those producers have individually been so
       authorized by the said bodies,
  (b) those bodies :
       – supervise the authorized producers,
       _ have forwarded to the Commission the
           names and addresses of the producers
           referred to in (a) together with their official
           registration numbers,
       _ notify the Commission when a producers
            authorization is withdrawn .
 ---pagebreak---                                     -7-
                                                       n Article 2
 Article la
The analysis report shall include the following          2633 / 85
information :
(a) in the case of wines and grape must in fermeh-
     tation :
     – the total alcoholic strength by volume,
     – the actual alcoholic strength by volume ;
(b) in the case of grape must, and grape juice :
     – the density ;
(c) in the case of wines, grape must and grape
     juice :
     – the total dry extract,
     – the total acidity,
     – the volatile acid content,
     – the citric acid content,
     – the total sulphur dioxide content,
      – the presence of varieties obtained from
          interspecific crossings (direct producer
          hybrids) or other varieties not belonging to
          the Vitis vinifera species.
  Notwithstanding the first paragraph ,
  and in accordance with the proce ¬
 dure laid down in Article 83 of Regulation (EEC)
 No 822 / 87 documents the “analysis report’ part of
 which contains only the following information :
 – the actual alcoholic strength by volume,
 ■*– the total acidity,
 – the total sulphur dioxide .content,
 may be accepted for wines originating in a third
 country which has provided specific assurances, the
 wines being put up in labelled containers, of a
 content not exceeding 60 litres and having a non -
  recoverable closure .
 ---pagebreak---                                   - 8 -
Article lb                                                Article 3
      In accordance with the procedure laid down
in Article 83 of Regulation (EEC) No 822 / 87              2633 / 85
Article 1 (2) and the second paragraph of Article 2
may be :
– amended to take account of any simplification
    of the corresponding provisions applicable in
    the Community,
– suspended if it is found that the products to
    which these measures apply have been the
    subject of falsification likely to result in a health
    risk to the consumer or of oenological practices
     not authorized in the Community.
 ---pagebreak---                                          g
                           Article 2
                                                                     Article A
 1.       No certificate or analysis report shall be
required for products originating in or coming
from third countries in containers of two litres or
less, where the total quantity transported, even if it                 2633 / 85
is composed of two or more individual consign¬
ments, does not exceed 60 litres .
                                                                     "^54/79
2. The certificate and analysis report shall also be
dispensed with for:                                                      354 / 79
– quantities of wine of 15 litres or less :
      – carried in the luggage of travellers,
      – sent in small consignments to private individuals
             where such quantities are obviously intended for
             the personal or family consumption of the
             persons concerned ,
– wines and grape juice in containers of four litres or
      less originating in and imported from third
      countries whose annual exports to the Community
      are less than 1 000 hectolitres,
– wines and grape juice forming part of the
       belongings of private individuals who are moving
      house,
– wines and grape juice for trade fairs qualifying for
       the customs arrangements laid down for that
       purpose , provided that the products in question are
       put up in containers of two litres or less,
 – quantities of wine, grape must and grape juice
        imported for the purpose of scientific and technical
        experiments, subject to a maximum of one
        hectolitre ,
 – wines for diplomatic, consular or similar
        establishments, imported as part of their duty-free
        allowance,
 – wines and grape juice held on board international
        means of transport as victualling supplies.
 Nothing in the provisions of this Regulation shall affect
 the operation of the arrangements applicable to frontier
 zone workers.
    3.       This Regulation shall not apply to the following          -, 3805 / 85
  liqueur wines :
  – port , Madeira and Setubal muscatel falling within
        CN codes           2204 21 41,2204 29 41,2204 21 51 ,
         2 2 0 4 29 51
    – Tokay (Aszu and Szamorodni ) falling within
        CN codes        2204 21 41,22 0 4 2 9 4 5 , 2 2 0 4 2 1 51 ,
         2204 2 9 55                                  t andBoberg
          liqueur wine accompanied by a certificate of
          designation or origin .
   4 . The third countries mentioned in the second indent
           of paragraph 2 shall be specified in detailed
            rules of application .
                                                                         Ί 354/79
 ---pagebreak---                                             - 10 -
                        Artide 5
1 . Regulation ( EEC ) No 354 / 7 9 is hereby repealed .
2 . References to the repealed Regulation ( EEC )
No 354 / 79 shall be construed as
references to this Regulation and should be read
in accordance with the correlation table in the
Annex .
 ---pagebreak---                                                             - H -
                                                                          Article 6
                                                 This Regulation shall enter into force on 1 September 1989 .
This Regulation shall be binding i its entirety and directly applicable in all Member States.
Done at Brussels ,
                                                                     For the Council
                                                                      The President
 ---pagebreak---           ANNEX
     CORRELATION TABLE
Regulation ( EEC ) No 354 / 79 Th i s Regu I at Ion
Article  1                     Article   1
Article  1a                    Art iele  2
Art lele 1b                    Art iele  3
Art lele 2                     Article   4
Article 4                      Article   5
Art lele 5                     Article   6
 ---pagebreak--- COMPETITIVENESS AND EMPLOYMENT IMPACT STATEMENT
Consolidated version of Council Regulation ( EEC ) No 354 / 79 of
                     5 February 1979 laying down general rules for the
                      Import of wines , grape Juice and grape must .
This proposal from the Commission meets the wish expressed many times
by the Member States and the European Parliament that measures should
be taken to speed up the codifying and simplifying of Community law .
The proposal contains no new provisions , and therefore has no part ¬
icular Impact on SMEs ; but It should be noted because its aim , the
transparency of Community law , is In the long-term Interests of SMEs .