CELEX: 51992PC0055(02)
Language: en
Date: 1992-02-21
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

COMMISSION OF THE EUROPEAN COMMUNITIES
                                       C0M(92) 55 final - SYN 396-397
                                       Brussels, 21 February 1992
                           Proposal for a
                                                                SYN 396
                      COUNCIL REGULATION (EEC)
      amending for the first time Regulation (EEC) No 1601/91
      laying down general rules on the definition, description
    and presentation of aromatized wines, aromatized wine-based
            drinks and aromatized wine-product cocktails
                           Proposal for a
                                                                SYN 397
                      COUNCIL REGULATION (EEC)
         mding for the first time Regulation (BBC) Bo 1576/89
     laying down general rules on the definition, description
                 and presentation of spirit drinks
                   (presented by the Commission)
 ---pagebreak---                                                                       z
                              EXPLANATORY MEMORANDUM
I.  These proposals relate to spirit drinks, aromatized wines, aromatized
    wine-based drinks and aromatized wine-product cocktails, and are intended to
    prohibit, with effect from 1 January 1993, the use of lead-based capsules, in
    order to avoid contamination and environmental pollution. As a transitional
    measure, they authorize the putting up for sale and marketing of such
    products bottled and covered with lead capsules prior to 1 January 1993.
    Given the above objectives, the legal basis for these proposals is Articles
    43 and 100A of the Treaty, as is the case for the Regulations which they are
    intended to amend. They must give rise to a cooperation procedure with the
    Parliament. For information, an identical measure has been drawn up for
    sparkling wines (COM (91) 532 final of 13 December 1991).
II. These proposals replace the previous proposals, COM (91) 422 final and 423
    final of 31 October 1991, so as to include a transitional provision
    permitting stocks of products conforming to current legislation to be
    exhausted.
 ---pagebreak---                                                                          3
                                                                          SYN 396
                                   Proposal for a
                       COUNCIL REGULATION (EEC) NO
                       Of
             amending for the first time Regulation (EEC) No 1£01/91
             laying down general rules on the definition, description
           and presentation of aromatized wines, aromatized vine-ba^ed
                   drinks and aromatized wine-product cocktails
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Econor-.i c Cominur. L'Ly, ?r.d i»
particualr Articles 43 and 100A thereof,
Having regard to the proposal from the Commission,
In cooperation with the European Parliament,
Having regard to the opinion of the Economic and Social Committee,
Whereas the use of lead-based capsules or foil as a covering for closing d&vi.--^-
on containers in which aromatized wines, aromatized wire-based drink s ai)d
aromatized wine-prcduct cocktails are placed on the market should be banned iv,
order to prevent the risk of contamination, in particular by accidental contact
with those products, and the risk of environmental pollution by lead Lr, the»
abovementioned capsules or foil; whereas, however, the manufacturers and ussr- cf
such capsules and foil should be given time to adjust, and to that end, thn ban
in question should apply from 1 January 1993 only; whereas, however, the disposal
of products put up in bottles fitted before that date with lead-based capsules or
foil must be permitted until stocks are used up,
HAS ADOPTED THIS REGULATION:
 ---pagebreak---                                                                        H
                                    Article 1
The following paragraph is hereby inserted in Article 8 of Regulation (EEC)
No 1601/91:
"4a. As from 1 January 1993, bottled products 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.
      However, the disposal of products in bottles fitted before that date with
      lead-based capsules or foil shall be authorized until stocks are used up.'
                                    Article 2
This Regulation shall enter into force on the third day following its publication
in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all
Member states.
Done at Brussels,                                     For the Council
 ---pagebreak---                                                                                                      s
     FINANCIAL                     STATEMENT
                                                                    DATE
1. BUDGET HEADING: 16                                               APPROPRIATIONS: ECU 1 581 million
2. TITLE:
   Proposal for a Council Regulation amending for the first time Regulation (EEC) No 1601/91 laying down
   general rules on the definition, description and presentation of aromatized wines, aromatized wine-based
   drinks and aromatized wine-products cocktails.
3. LEGAL BASIS:
   Articles 43 and 100A of the Treaty
4. AIMS OF PROJECT:
   To ban the use of lead on containers of aromatized wine-product drinks
                                  Period of 12 months   Current Financial Year   Following Financial Year
5. FINANCIAL IMPLICATIONS             ECU mi 11 ion     (1991) ECU mi 11 ion     (1992) 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
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?
                                                                                                          ND
6.3 WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY?
                                                                                                          ND
OBSERVATIONS:
 ---pagebreak---                                                                        G
                                                                    SYN 397
                                  Proposal for a
                      COUNCIL REGULATION (EEC) Mo
                      Of
             amending for the first 'tine Regulation (EEC) No 1576/89
             laying down 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, and in
particular Articles 43 and 100A thereof,
Having regard to the proposal from the Commission,
In cooperation with the European Parliament,
Having regard to the opinion of the Economic and Social committee,
Whereas the use of lead-based capsules or foil as coverings 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 lead in the
abovementioned capsules or foil; whereas, however, the manufacturers and users of
such capsules and foil should be given time to adjust and, to that end, the ban
in question should apply from 1 January 1993 only; whereas, however, the disposal
of spirit drinks in bottles fitted before the abovementioned date with lead-based
capsules or foil must be permitted until stocks are used up,
HAS ADOPTED THIS REGULATION:
 ---pagebreak---                                                                     * 9-
                                    Article 1
The following point is hereby added to Article 7(2) of Regulation (EEC)
No 1576/89:
"(e) As from 1 January 1993, 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.
      However, the disposal of spirit drinks in bottles fitted before that date
      with lead-based capsules or foil shall be authorized until stocks are used
      up. "
                                    Article 2
This Regulation shall enter into force on the third day following its publication
in the official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all
Member States.
Done at Brussels,                                     For the Council
 ---pagebreak---                                                                                                         8
      F I NANC I AL                 S TATEMJENT
                                                                      DATE:
 1. BUDGET HEADING: 16                                                APPROPRIATIONS:  ECU 1581 mi 11 ion
 2. TITLE:
    Proposal for a Council Regulation amending for the first time Regulation (EEC) No 1576/89 laying down
    general rules on the definition, description and presentation of spirit drinks.
 3. LEGAL BASIS:
    Articles 43 and 1O0A of the Treaty
 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?
                                                                                                            ND
OBSERVATIONS:
 ---pagebreak---                                                                            3
                                                                     ISSN 0254-1475
                                                               COM(92) 55 final
                                                      DOCUMENTS
EN                                                                              03
                                 Catalogue number : CB-CO-92-048-EN-C
                                                             ISBN 92-77-41119-8
Office for Official Publications of the European Communities
L-2985 Luxembourg