CELEX: 51989PC0620(01)
Language: en
Date: 1989-12-08
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
                                                C0MC89) 620  final
                                                Brussels, 8 December 1989
                              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 for the third time 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 337/79
                            (presented by the Commission)
 ---pagebreak---                                                                     C*~ (>t* \
                              EXPLANATORY MEMORANDUM
 Imports into the Community of wine-sector 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 31 December 1989 after having been extended twice. Since
consultations to achieve greater protection for Community wines are still in
progress with the United States, the term of validity of the derogating rules
should be extended by seven months in order not to hinder the consultations.
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 twice
until 31 December 1989, with a view to the abovementioned consultations.
Since the consultations with the United States  are continuing on certain
commercial aspects in the wine sector and more  particularly on improved
protection of geographical ascriptions used to  designate Community wines on
the American market and in order to facilitate  those consultations, the
Commission proposes that the final date in the  two Regulations be extended to
31 July 1990.
Remark
The adoption by the Council of the two abovementioned Regulations entails no
financial consequences for the Community budget.
 ---pagebreak---                            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 (1), as last amended by Regulation
(EEC) No 1236/89 (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)
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 31
December 1989; whereas, taking into account the time necessary to examine the
implementation of future arrangements, the abovementioned period should be
extended for seven months,
HAS ADOPTED THIS REGULATION:
                                    Article 1
In Article 3(2) of Regulation (EEC) No 2390/89, the date "31 December 1989" is
hereby replaced by "31 July 1990".
                                    Article 2
This Regulation shall enter into force on 1 January 1990.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
Done at Brussels,                                For the Council
(1) 0J No L 84, 27.3.1987, p. 1.
(2) 0J No L 128, 11.5.1989, p. 31
(3) 0J No L 232, 9.12.1989, p. 7.
                                                                               1
 ---pagebreak---                             COUNCIL REGULATION (EEC) No
                                        of
       amending for the third time 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 337/79
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 1236/89 (3), 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 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 2245/89 (4); whereas this derogation expires "on
31 December 1989; whereas, so that consultations can continue between the
Community and the third country conerned with a view to an agreement on this
matler, the term of validity of the derogation should be extended for seven
months,
HAS ADOPTED THIS REGULATION:
(1) OJ No L 84, 27.3.1987, p. 1.
(2) OJ No L  128, 11.5.1989, p. 31
(3) OJ No L  176, 3.7.1984, p. 6.
(4) OJ No L  216, 27.7.1989, p. 2.
                                                                                4
 ---pagebreak---                                        - 2 -
                                    Article 1
 The title of 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 337/79 is hereby
 replaced by "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."
                                    Article 2
In the second subparagraph of Article 1(1) of Regulation (EEC) No 1873/84, the
date "31 December 1989" is hereby replaced by "31 July 1990".
                                    Article 3
This Regulation shall enter into force on 1 January 1990.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
Done at Brussels,                                 For the Council
                                                                                J
 ---pagebreak---         F I N A N C I A L    S T A T E M E N T
                                                          D.i t o :
 1. Budgtt heading: 1 000                      Appropriations:
2. Title: Amendment to 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 337/79
3. Legal basis: Regulation (EEC) No 822/87
4. Aims of project: To extend the term of validity of the Regulation in question
                                            period of        current        following
                                            12 months    financial year   financial year
5.    Financial implications                                    (1990)        (1991)
5.0   Expenditure
      - :harged to the EC budget
        (refunds/intervention)
      - national administration
      - other
5.1   Receipts
      - own resources of the EC
        (levies/customs duties)
      - national
                                               1992         1993        1994      1995
5.0.1 Estimated expenditure
5.1.1 Estimated receipts
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:
                                                                                     C
 ---pagebreak---                                                                             EN
C e t t e mesure n ' a pas d ' i m p a c t sur l e s PME e t l'emploi.
Dièse Massnahme h a t weder Auswirkungen auf K l e i n - u n d       Mittelbetriebe
noch auf d i e   Beschaftigungslage.
This measure has no impact on t h e s m a l l andmedium-sized b u s i n e s s e s
and employment. -
                                                                                 ^
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(89) 620 final
                                                      DOCUMENTS
EN                                                                              03
                                 Catalogue number : CB-CO-89-587-EN-C
                                                             ISBN 92-77-55806-7
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