CELEX: 51991PC0422
Language: en
Date: 1991-10-31
Title: Proposal for a COUNCIL REGULATION ( EEC ) amending for the first time Regulation ( EEC ) No 1576/89 laying down general rules on the definition, description and presentation of spirit drinks

COMVIISSION OF THE EUROPEAN COMVIUNITIES
                                                           C0M(91) 422 final
                                                           Brussels, 31 October 1991
                                            Proposal for a
                                  COUNCIL REGULATION (EEC)
      ft         amending for the first tine Regulation (EEC) No 1576/89
                 laying down general rules on the definition, description
                              and presentation of spirit drinks
                            ( p r e s e n t e d by the Commission)
  S&sfr
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 ---pagebreak---                               EXPLANATORY MEMORANDUM
Capsules containing lead used to cover closing devices on containers in which
spirit drinks are supplied to the final consumer are suspected of being one of
the causes of traces of lead found in such products. Waste from such capsules
contributes towards environmental pollution. They are likely to hamper the
export of such wine to certain non-member countries. The use of such capsules
should accordingly be banned.
To allow users and manufacturers of capsules to adjust to this ban, provision
should be made for transitional periods during which lead capsules may continue
to be used and spirit drinks put up in containers covered by such capsules may
continue to be held with a view to sale and placed on the market.
The adoption of this proposal for a Regulation by the Council has no financial
implications for the Community budget.
 ---pagebreak---                                       proposal for a
                      COUNCIL REGULATION (EEC) No         /91
                      Of                                 1991
             amending for the first time Regulation (EEC) No 1576/89
                          general rules on the definition» description
                         and presentation of spirit drinks
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1576/89 of 29 May 1989 laying down
general rules on the definition, description and presentation of spirit
drinks ( D ,
Having regard to the proposal from the Commission,
Whereas the use of capsules or foil containing lead as a covering for closing
devices on containers in which spirit drinks are placed on the market should be
banned In order to prevent the risk of contamination, In particular by
accidental contact with those products, and the risk of environmental pollution
by waste containing lead from the abovementioned capsules or foil; whereas,
however, provision should be made for a period to adjust for the manufacturers
and users of such capsules and foil, and to that end, the ban in question should
apply from 1 January 1993 only,
HAS ADOPTED THIS REGULAT
(1)   OJ No L 160, 12.6.1989, p. 1.
 ---pagebreak---                                     Article 1
The following point is hereby added to Article 7(2) of Regulation (EEC)
No 1576/89:
"(e)  Bottled spirit drinks covered by this Regulation may only be held with a
      view to sale or placed on the market in containers fitted with closing
      devices not covered by lead-based capsules or foil."
                                    Article 2
This Regulation shall apply from 1 January 1993.
This Regulation shall be binding in its entirety and directly applicable in all
Member States.
Done at Brussels,                                     For the Council
 ---pagebreak---       FINANCIAL                     S TATEMENT
                                                                      DATE:
 1. BUDGET HEADINS: 16                                                APPROPRIATIONS: ECU 1581 mi 11 ion
 2. TITLE:
    Proposal for a Council Regulation amending for the first time Regulation (EEC) Kb 1576/89 laying down
    general rules on the definition, description and presentation of spirit drinks.
3. LEGAL BASIS:
    Council Regulation (EEC) Kb 1576/89
4. AIMS OF PROJECT:
    To ban the use of lead on containers of spirit drinks.
                                   Period of 12 months   Current Financial Year    Following Financial Year
5. FINANCIAL IMPLICATIONS                                        1991                        1992
                                      ECU mi 11 ion          ECU mi 11 ion                ECU mi 11 ion
5.0 EXPENDITURE
     - CHARGED TO THE EC BUDGET
     - (REFUNDS/ INTERVENT ION)
     - NATIONAL ADMINISTRATION
     -OTHER
5.1 REVENUE
     - OWN RESOURCES OF THE EC
       (LEVIES/CUSTOMS DUTIES)
     - NATIONAL
                                          1993              1994                 1995                1996
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?
                                                                                                            to
OBSERVATIONS:
 ---pagebreak---                               FICHE D'IMPACT
Ob let : Règlement Conseil établissant les règles générales relatives à
         la définition, à la désignation et à la présentation des
         boissons spir(tueuses.
Cette mesure n'a pas d'impact sur les PME et l'emploi.
Dies MaBnahme hat weder Auswirkungen auf Klein- und Mittelbetriebe noch
auf die Beschâftigungslage.
This mesure has no impact on the small and medium-sized businesses and
employment.
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              CÛM(91) 422 final
                                                      DOCUMENTS
EN                                                                              03
                                Catalogue number : CB-CO-91-463-EN-C
                                                             ISBN 92-77-76752-9
Office for Official Publications of the European Communities
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