natgillin/translations-raw huggingface dataset:
· enhance applicability, readability and clearness of the regulation based on the present legislation on spirit drinks;
· enhance applicability, readability and clearness of the regulation based on the present legislation on spirit drinks;
· combine the two spirit drinks regulations into one regulation;
· combine the two spirit drinks regulations into one regulation;
· introduce a well-defined policy for spirit drinks based on three product categories rooted in the present definitions of products;
· introduce a well-defined policy for spirit drinks based on three product categories rooted in the present definitions of products;
· introduce flexibility by shifting the competence to amend Annexes from the European Parliament and Council under the codecision procedure to the Commission, supported by the Management Committee on Spirit Drinks;
· introduce flexibility by shifting the competence to amend Annexes from the European Parliament and Council under the codecision procedure to the Commission, supported by the Management Committee on Spirit Drinks;
· adapt the regulations to new technical requirements;
· adapt the regulations to new technical requirements;
· adapt the regulations to WTO requirements, including TRIPs;
· adapt the regulations to WTO requirements, including TRIPs;
· define criteria for the recognition of new geographical indications.
· define criteria for the recognition of new geographical indications.
The proposed regulation consists of four chapters and three annexes:
The proposed regulation consists of four chapters and three annexes:
Chapter I, "Definition of spirit drinks", lays down the principles for the definition and classification of spirit drinks.
Chapter I, "Definition of spirit drinks", lays down the principles for the definition and classification of spirit drinks.
Three categories of spirit drinks are established:
Three categories of spirit drinks are established:
- "Spirits": An exclusive group of spirit drinks which include only the purest form of product not containing ethyl alcohol of agricultural origin and solely admitting natural flavouring, e.g. rum, whisky, brandy, etc.
- "Spirits": An exclusive group of spirit drinks which include only the purest form of product not containing ethyl alcohol of agricultural origin and solely admitting natural flavouring, e.g. rum, whisky, brandy, etc.
- "Specific spirit drinks": A distinct group of spirit drinks which may contain ethyl alcohol of agricultural origin and nature-identical flavouring, although only in a well- defined and limited form, e.g. gin, vodka, liqueur, etc.
- "Specific spirit drinks": A distinct group of spirit drinks which may contain ethyl alcohol of agricultural origin and nature-identical flavouring, although only in a well- defined and limited form, e.g. gin, vodka, liqueur, etc.
- "Other spirit drinks": An open group of products which may contain ethyl alcohol of agricultural origin as well as flavouring, sweeteners and others.
- "Other spirit drinks": An open group of products which may contain ethyl alcohol of agricultural origin as well as flavouring, sweeteners and others.
Chapter II deals with the description, presentation and labelling of spirit drinks.
Chapter II deals with the description, presentation and labelling of spirit drinks.
The proposed regulation would establish a coherent system based on traditional habits and the categories established.
The proposed regulation would establish a coherent system based on traditional habits and the categories established.
It aims at providing clear information to the consumer on the nature of the product and obliges producers to provide all information necessary to avoid misleading the consumer.
It aims at providing clear information to the consumer on the nature of the product and obliges producers to provide all information necessary to avoid misleading the consumer.
Chapter III lays down the rules on geographical indications based on the international obligations of the European Community.
Chapter III lays down the rules on geographical indications based on the international obligations of the European Community.
The geographical indications at present listed in Annex II to Regulation (EEC) No 1576/89 are taken over in the present regulation, including geographical indications which are presently regulated in the body of Regulation (EEC) No 1576/89 as Grappa, Korn, Pacharan, Ouzo, etc.
The geographical indications at present listed in Annex II to Regulation (EEC) No 1576/89 are taken over in the present regulation, including geographical indications which are presently regulated in the body of Regulation (EEC) No 1576/89 as Grappa, Korn, Pacharan, Ouzo, etc.
However, in order to take account of the recent case-law of the Court of Justice, the regulation provides that technical files for these indications are be published within seven years of the entry into force of the regulation.
However, in order to take account of the recent case-law of the Court of Justice, the regulation provides that technical files for these indications are be published within seven years of the entry into force of the regulation.
The criteria laid down in the TRIPs Agreement are mirrored in the new regulation and will serve as a basis for the introduction of new geographical indications into Annex III of the regulation.
The criteria laid down in the TRIPs Agreement are mirrored in the new regulation and will serve as a basis for the introduction of new geographical indications into Annex III of the regulation.
Chapter III also refers to Annex III, where the recognised geographical indications are listed individually.
Chapter III also refers to Annex III, where the recognised geographical indications are listed individually.
Chapter IV closes with general, transitional and final measures.
Chapter IV closes with general, transitional and final measures.
Annex I sets out the technical definitions for the production of spirit drinks.
Annex I sets out the technical definitions for the production of spirit drinks.
Annex II sets out the individual spirit drinks classified within the categories established by the regulation.
Annex II sets out the individual spirit drinks classified within the categories established by the regulation.
It lists the characteristics of the products in a systematic and consistent form.
It lists the characteristics of the products in a systematic and consistent form.
Annex III lists the geographical indications as described above.
Annex III lists the geographical indications as described above.
The problem
The problem
The letter from the Chairman of the Committee on Agriculture and Rural Development states that an amendment has been adopted in committee changing the legal basis so as to include Article 37 of the Treaty.
The letter from the Chairman of the Committee on Agriculture and Rural Development states that an amendment has been adopted in committee changing the legal basis so as to include Article 37 of the Treaty.
This reflects the importance of spirits as an agricultural product and the fact that the preceding regulation on the same subject-matter was based on Articles 43 and 100 of the EEC Treaty.
This reflects the importance of spirits as an agricultural product and the fact that the preceding regulation on the same subject-matter was based on Articles 43 and 100 of the EEC Treaty.
The Court of justice has consistently held that in the context of the organisation of the powers of the Community the choice of the legal basis for a measure must be based on objective factors which are amenable to judicial review.
The Court of justice has consistently held that in the context of the organisation of the powers of the Community the choice of the legal basis for a measure must be based on objective factors which are amenable to judicial review.
Those factors include in particular the aim and the content of the measure
Those factors include in particular the aim and the content of the measure
It appears from the provisions of the proposal for a regulation that it is mainly concerned with clarifying the rules on the definition, description, presentation and labelling of spirit drinks, with the view to improving the applicability and readability of the existing legislation and introducing a well-grounded policy for spirit drinks.
It appears from the provisions of the proposal for a regulation that it is mainly concerned with clarifying the rules on the definition, description, presentation and labelling of spirit drinks, with the view to improving the applicability and readability of the existing legislation and introducing a well-grounded policy for spirit drinks.
However, it is clear that such legislation also affects agriculture, since the proposed regulation establishes that the ethyl alcohol used for the production of spirit drinks must be exclusively of agricultural origin.
However, it is clear that such legislation also affects agriculture, since the proposed regulation establishes that the ethyl alcohol used for the production of spirit drinks must be exclusively of agricultural origin.
It therefore has to be determined whether Article 37 of the EC Treaty may be inserted as an additional legal basis.
It therefore has to be determined whether Article 37 of the EC Treaty may be inserted as an additional legal basis.
In particular, it is necessary to consider whether the proposed measure relates principally to one field of action, having only incidental effects on other policies, or whether all aspects of the measure are equally essential.
In particular, it is necessary to consider whether the proposed measure relates principally to one field of action, having only incidental effects on other policies, or whether all aspects of the measure are equally essential.
In the first case, only one legal basis should be used, in the other one the institution should adopt the act in accordance with the provisions on which its competence is based.
In the first case, only one legal basis should be used, in the other one the institution should adopt the act in accordance with the provisions on which its competence is based.
In any case, where the procedures stemming from the provisions concerned are incompatible, a dual legal basis is impossible and a choice has to be made between them
In any case, where the procedures stemming from the provisions concerned are incompatible, a dual legal basis is impossible and a choice has to be made between them
In the present case, the procedures for the adoption of an act resulting from Articles 37 and 95 of the EC Treaty are not incompatible in so far as they provide that the Council is to act by a qualified majority.
In the present case, the procedures for the adoption of an act resulting from Articles 37 and 95 of the EC Treaty are not incompatible in so far as they provide that the Council is to act by a qualified majority.
However, Article 37 provides for the consultation procedure and Article 95 for codecision.
However, Article 37 provides for the consultation procedure and Article 95 for codecision.
The fact that preceding legislation in this field was based on a similar combination of Treaty articles does not amount to a binding precedent, particularly in the absence of any decision of the Court of Justice on that combined legal basis.
The fact that preceding legislation in this field was based on a similar combination of Treaty articles does not amount to a binding precedent, particularly in the absence of any decision of the Court of Justice on that combined legal basis.
However, in this context Article 37 of the EC Treaty cannot serve as the legal basis for the proposed act concerned for the following reasons.
However, in this context Article 37 of the EC Treaty cannot serve as the legal basis for the proposed act concerned for the following reasons.
First of all, the provisions of Article 37 relate exclusively to the products listed in Annex I to the EC Treaty, which excludes "brandies, liqueurs and other spirituous beverages", the subject-matter of the present proposal.
First of all, the provisions of Article 37 relate exclusively to the products listed in Annex I to the EC Treaty, which excludes "brandies, liqueurs and other spirituous beverages", the subject-matter of the present proposal.
Secondly, although the measures contained in the draft regulation are liable to have a positively effect on the production and the marketing of ethyl alcohol, it seems that this effect is secondary and incidental in relation to the principal aim consisting of the improvement of the existing legislation on spirit drinks in order to ensure the proper functioning of the internal market.
Secondly, although the measures contained in the draft regulation are liable to have a positively effect on the production and the marketing of ethyl alcohol, it seems that this effect is secondary and incidental in relation to the principal aim consisting of the improvement of the existing legislation on spirit drinks in order to ensure the proper functioning of the internal market.
Lastly, the fact that EEC Regulation No 1576/89 is based on Articles 95 and 37 of the EC Treaty has no bearing on the choice of the proper legal basis for the present proposal for a regulation.
Lastly, the fact that EEC Regulation No 1576/89 is based on Articles 95 and 37 of the EC Treaty has no bearing on the choice of the proper legal basis for the present proposal for a regulation.
According to settled case-law of the Court of Justice, the correct legal basis of an act is to be chosen on the basis of the content and the aim of the measure concerned and not on the basis of the objectives achieved by previous acts dealing with the same subject
According to settled case-law of the Court of Justice, the correct legal basis of an act is to be chosen on the basis of the content and the aim of the measure concerned and not on the basis of the objectives achieved by previous acts dealing with the same subject
Case C-187/93 Parliament v Council ECR I-2857, para 28 .
Case C-187/93 Parliament v Council ECR I-2857, para 28 .
It must be concluded that the proposed regulation should be based on Article 95 of the EC Treaty since the conditions justifying the insertion of Article 37 of the EC Treaty as an additional legal basis are not satisfied.
It must be concluded that the proposed regulation should be based on Article 95 of the EC Treaty since the conditions justifying the insertion of Article 37 of the EC Treaty as an additional legal basis are not satisfied.
At its meeting of 11 December 2006 the Committee on Legal Affairs accordingly decided, unanimously
At its meeting of 11 December 2006 the Committee on Legal Affairs accordingly decided, unanimously
The following were present for the final vote: Giuseppe Gargani (chairman), Rainer Wieland (vice-chairman), Maria Berger, Carlo Casini, Rosa Díez González, Kurt Lechner, Antonio López-Istúriz White, Aloyzas Sakalas, Gabriele Stauner and Jaroslav Zvěřina.. , to recommend that you that the proposal for a regulation be based solely on Article 95 of the EC Treaty..
The following were present for the final vote: Giuseppe Gargani (chairman), Rainer Wieland (vice-chairman), Maria Berger, Carlo Casini, Rosa Díez González, Kurt Lechner, Antonio López-Istúriz White, Aloyzas Sakalas, Gabriele Stauner and Jaroslav Zvěřina.. , to recommend that you that the proposal for a regulation be based solely on Article 95 of the EC Treaty..
Yours sincerely,
Yours sincerely,
Giuseppe Gargani
Giuseppe Gargani</RepeatBlock-Amend>
OPINION of the Committee on Agriculture and Rural Development(*)
OPINION of the Committee on Agriculture and Rural Development (*)
on the proposal for a European Parliament and Council regulation on the definition, description, presentation and labelling of spirit drinks
on the proposal for a European Parliament and Council regulation on the definition, description, presentation and labelling of spirit drinks
The Commission proposal seeks to revise and merge the existing regulations on spirit drinks together with their implementing provisions, to improve the readability of the regulation text and adapt it to new technical developments and the rules of the WTO.
The Commission proposal seeks to revise and merge the existing regulations on spirit drinks together with their implementing provisions, to improve the readability of the regulation text and adapt it to new technical developments and the rules of the WTO.
The proposal introduces a 3-way categorisation of various types of spirit drinks according to the raw materials each type of drink is made from and on the flavourings added.
The proposal introduces a 3-way categorisation of various types of spirit drinks according to the raw materials each type of drink is made from and on the flavourings added.
However, there are problems with the proposed categorisation, as it could create confusion: some types of spirit drink could be included in more than one category.
However, there are problems with the proposed categorisation, as it could create confusion: some types of spirit drink could be included in more than one category.
A sensible and appropriate alternative to the proposed categorisation would be to label all spirits with a list of ingredients corresponding to the lists of ingredients required for other foodstuffs under the Labelling Directive.
A sensible and appropriate alternative to the proposed categorisation would be to label all spirits with a list of ingredients corresponding to the lists of ingredients required for other foodstuffs under the Labelling Directive.
The Commission also proposes to alter the procedure for future amendments to the legislation in this field so as to make it possible for the annexes to the regulation to be amended under the management committee procedure.
The Commission also proposes to alter the procedure for future amendments to the legislation in this field so as to make it possible for the annexes to the regulation to be amended under the management committee procedure.
The area of spirit drinks is not covered by the EU regulation on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (Council Regulation (EEC) 2081/92 of 14 July 1992).
The area of spirit drinks is not covered by the EU regulation on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (Council Regulation (EEC) 2081/92 of 14 July 1992).
Accordingly, the Commission proposal contains separate provisions on the definition, protection and registration of geographical designations, which it brings into line with international standards.
Accordingly, the Commission proposal contains separate provisions on the definition, protection and registration of geographical designations, which it brings into line with international standards.
The updating and amendment of the system of geographical designations to bring it into line with the WTO is a positive step, as is the proposal for a simple and transparent procedure for the amendment of Annexes I and III.
The updating and amendment of the system of geographical designations to bring it into line with the WTO is a positive step, as is the proposal for a simple and transparent procedure for the amendment of Annexes I and III.
The task of the spirits regulation committee is to adapt and update legislation, and your draftsman is therefore of the opinion that the regulatory committee procedure is the most appropriate one to use.
The task of the spirits regulation committee is to adapt and update legislation, and your draftsman is therefore of the opinion that the regulatory committee procedure is the most appropriate one to use.
The current rules contain no special requirements as to the raw materials to be used for the production of vodka, which may be produced from ethyl alcohol of agricultural origin.
The current rules contain no special requirements as to the raw materials to be used for the production of vodka, which may be produced from ethyl alcohol of agricultural origin.
The Commission proposal retains this definition and proposes as a new element that the raw materials used should be mentioned on the product label.
The Commission proposal retains this definition and proposes as a new element that the raw materials used should be mentioned on the product label.
There has long been a strong feeling in favour of creating a narrower definition of vodka, which is traditionally produced from grain and/or potatoes.
There has long been a strong feeling in favour of creating a narrower definition of vodka, which is traditionally produced from grain and/or potatoes.
This would correspond to the specific raw material requirements applying to a long list of other types of spirits such as rum, whisky etc.
This would correspond to the specific raw material requirements applying to a long list of other types of spirits such as rum, whisky etc.
Rather than proposing a list of ingredients just for vodka, horizontal rules should apply for the labelling of all types of spirits, so that consumers are given clear and precise information on the ingredients used.
Rather than proposing a list of ingredients just for vodka, horizontal rules should apply for the labelling of all types of spirits, so that consumers are given clear and precise information on the ingredients used.
The Committee on Agriculture and Rural Development calls on the Committee on the Environment, Public Health and Food Safety, as the committee responsible, to incorporate the following amendments in its report:
The Committee on Agriculture and Rural Development calls on the Committee on the Environment, Public Health and Food Safety, as the committee responsible, to incorporate the following amendments in its report:
Citation 1
Citation 1
Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
Having regard to the Treaty establishing the European Community, and in particular Articles 37 and 95 thereof,
Having regard to the Treaty establishing the European Community, and in particular Articles 37 and 95 thereof,
Spirits are an important agricultural product of the Community and Article 37 should therefore also be included as part of the legal basis.
Spirits are an important agricultural product of the Community and Article 37 should therefore also be included as part of the legal basis.
Recital 1 a (new)
Recital 1 a (new)
(1α) Spirit drinks provide a major Community agricultural outlet which largely owes its existence to the excellent reputation they have acquired on Community and world markets thanks to the quality standards associated with traditional products whose properties must therefore be conserved in order to keep this outlet open.
(1α) Spirit drinks provide a major Community agricultural outlet which largely owes its existence to the excellent reputation they have acquired on Community and world markets thanks to the quality standards associated with traditional products whose properties must therefore be conserved in order to keep this outlet open.
It is necessary to protect the reputation and traditional nature of products, given that they are a badge of quality, taking into account the market orientation of the CAP and increased globalisation, making it necessary to take advantage of every possible agricultural production outlet.
It is necessary to protect the reputation and traditional nature of products, given that they are a badge of quality, taking into account the market orientation of the CAP and increased globalisation, making it necessary to take advantage of every possible agricultural production outlet.
Recital 3
Recital 3
(3) To obtain an increased systematic approach to the legislation governing spirit drinks, such drinks should be classified in three categories according to well-defined criteria of production and labelling
(3) To obtain an increased systematic approach to the legislation governing spirit drinks, such drinks should be classified in three categories according to well-defined criteria of production and labelling