Considerations on COM(2018)199 - Nominal quantities for placing on the Union market of single distilled shochu produced by pot still and bottled in Japan

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dossier COM(2018)199 - Nominal quantities for placing on the Union market of single distilled shochu produced by pot still and bottled in Japan.
document COM(2018)199 EN
date October 23, 2018
 
table>(1)On 29 November 2012, the Council adopted a Decision authorising the Commission to open negotiations with Japan on a Free Trade Agreement.
(2)The negotiations for an Agreement between the European Union and Japan for an Economic Partnership (‘the Agreement’) were successfully concluded and the Agreement was signed on 17 July 2018.

(3)Annex 2-D to the Agreement provides that single distilled shochu, as defined in subparagraph 10 of Article 3 of the Liquor Tax Law (Law No 6 of 1953) of Japan, produced by pot still and bottled in Japan, is to be allowed to be placed on the Union market in traditional bottles of four go (


) and one sho (


), corresponding to nominal quantities of 720 ml and of 1 800 ml, respectively, provided that other applicable Union legal requirements are fulfilled.

(4)Directive 2007/45/EC of the European Parliament and of the Council (3) provides that prepacked products can only be placed on the Union market if they are prepacked in the nominal quantities listed in section 1 of the Annex to that Directive. For spirit drinks, section 1 of the Annex to Directive 2007/45/EC refers to nine nominal quantities on the interval from 100 ml to 2 000 ml. Those nominal quantities do not include the quantities of 720 ml and 1 800 ml, the nominal quantities in which single distilled shochu produced by pot still is bottled and marketed in Japan.

(5)A derogation from the nominal quantities set out in the Annex to Directive 2007/45/EC for spirit drinks is therefore necessary to ensure that single distilled shochu produced by pot still and bottled in Japan can be placed on the Union market, as set out in Annex 2-D to the Agreement, in bottle sizes of 720 ml and of 1 800 ml that correspond to traditional Japanese bottle sizes four go (


) and one sho (


), respectively.

(6)The derogation from Directive 2007/45/EC needs to be introduced by means of an amendment to Regulation (EC) No 110/2008 of the European Parliament and of the Council (4), in order to ensure that single distilled shochu produced by pot still and bottled in Japan can be placed on the market in all Member States simultaneously upon the entry into force of the Agreement.

(7)Regulation (EC) No 110/2008 should therefore be amended accordingly.

(8)To ensure implementation of the Agreement as regards the placing on the Union market of single distilled shochu produced by pot still and bottled in Japan, this Regulation should apply from the date of entry into force of the Agreement,