1999R1621 — EN — 26.10.1999 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSION REGULATION (EC) No 1621/1999
of 22 July 1999
laying down detailed rules for the application of Council Regulation (EC) No 2201/96 as regards
aid for the cultivation of grapes to produce certain varieties of dried grapes
(OJ L 192, 24.7.1999, p. 21)
Amended by:
Official Journal
No page date
►M1 Commission Regulation (EC) No 2256/1999 of 25 October 1999 L 275 13 26.10.1999
1999R1621 — EN — 26.10.1999 — 001.001 — 2
▼B
COMMISSION REGULATION (EC) No 1621/1999
of 22 July 1999
layingdowndetailedrulesfortheapplicationofCouncilRegulation
(EC) No 2201/96 as regards aid for the cultivation of grapes to
produce certain varieties of dried grapes
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2201/96 of 28 October
1996 on the common organisation of the markets in processed fruit andvegetable products (
1), as lastamended by Regulat ion (EC) No 2199/
97 (2) and in particular Article 7(5) thereof,
Having regard to Council Regulation (EC) No 2200/96 of 28 October
1996 on the common organisation of the market in fruit and veget-ables (
3), as amended by Regulation (EC) No 1257/1999 (4), and in
particular Article 48 thereof,
(1) Whereas Article 7 of Regulation (EC) No 2201/96 introduced anaid scheme for specialised areas for growing certain varieties ofgrapes for drying and specified that the aid was to be paid whenthe grapes had been harvested and dried for processing; whereas,therefore, detailed rules for the application of the said schemeshould be laid down;
(2) Whereas under Article 7(3) of Regulation (EEC) No 2201/96 themaximum guaranteed area under grapes cultivated and harvestedin the Community for drying for processing which, if exceeded,will entail a reduction in the aid for the following marketing yearshould be determined; whereas the said maximum area takesaccount of the average area cultivated in the Community in the1987/88, 1988/89 and 1989/90 marketing years;
(3) Whereas the purpose of the scheme is to support and structure thedried grapes industry and ensure the necessary degree of speciali-sation to that end; whereas, therefore, only those areas producingfresh grapes for the production of dried grapes are eligible for theaid and whereas the aid is paid when the entire production offresh grapes obtained from the areas for which aid is applied forhas been dried for the production of dried grapes;
(4) Whereas the diversion of any of the fresh grapes, before drying,to other destinations must be excluded; whereas the destination ofthe product can be assured by means of a contract between theproducer and the processor concluded before the fresh grapes areharvested for whatever destination and relating to the areas forwhich the aid will be applied for; whereas the administration andcontrol of this system can be effective if a computerised database is established and the producer organisations are involved inthe conclusion and management of contracts for their members;
(5) Whereas, moreover, in order to attain the requisite degree ofspecialisation and prevent abuses, the aid must be granted toareas which have been adequately tended; whereas fixing aminimum yield to be observed and taking into account the char-acteristics of each variety while, nonetheless, making allowancefor exceptions linked to exceptional conditions that may influ-ence yields regardless of the care taken by the producer shouldensure that this requirement is met;
(1) OJ L 297, 21.11.1996, p. 29.
(2) OJ L 303, 6.11.1997, p. 1.
(3) OJ L 297, 21.11.1996, p. 1.
(4) OJ L 160, 26.6.1999, p. 80.
1999R1621 — EN — 26.10.1999 — 001.001 — 3
▼B
(6) Whereas, in order to adapt the quality of supply to demand,
payment of the aid should be made conditional on obtaining aproduct meeting minimum quality characteristics; whereas, asregards the processed product, for the sake of simplification, theminimum characteristics and tolerances allowed should be thosecontained in the UN/ECE standard recommended by the WorkingParty on standardisation of perishable produce and quality devel-opment of the United Nations Economic Commission for Europe;whereas, to ensure that a quality product is obtained, to beregistered in the database, producers and processors should berequired to have an adequate infrastructure enabling them toobtain, respectively, a raw material and a finished product of thedesired quality; whereas, to preserve the quality of the rawmaterial and check its destination, the producer should berequired to deliver the unprocessed dried grapes to the processorwithin a certain time limit;
(7) Whereas it should be laid down that Member States’ checks areto cover a percentage of the applications for registration in thedatabase, of the information contained in contracts and of aidapplications and that irregularities are to be penalised; whereas,for the system of checks to be effective it must apply, on the onehand, to the areas cultivated and, on the other, to the quantitiesharvested and delivered under contracts;
(8) Whereas, as regards establishing the computerised database, atime limit of three years should be allowed; whereas to enableproducers and processors to adapt to the new requirements,certain transitional measures should be put in place;
(9) Whereas the provisions of this Regulation replace, with adjust-ments deemed appropriate in the light of experience gained, thoseof Commission Regulations (EEC) No 2911/90 of 9 October1990 laying down detailed rules of application for aid for theproduction of certain varieties of grapes for drying (
1), as last
amended by Regulation (EC) No 2614/95 (2), and (EEC) No
2347/84 of 31 July 1984 on dried grapes eligible for productionaid (
3), as lastamended by Regulat ion (EC) No 2550/98 (4);
whereas, therefore, the said Regulations should be repealed;
(10) Whereas the measures provided for in this Regulation are inaccordance with the opinion of the Management Committee forProcessed Fruit and Vegetable Products,
HAS ADOPTED THIS REGULATION:
Article 1
1. For the purposes of this Regulation
(a) ‘specialised plots' means areas planted with vines of the sultana,
black Corinth ( korinthiaki ) and muscatel varieties, the total output
of fresh grapes harvested being dried for processing into productsfalling within CN code ex 0806 20;
(b) ‘producer organisations' means producer organisations as referred to
in Articles 11 and 13 of Regulation (EC) No 2200/96 or groups thathave been granted preliminary recognition under Article 14 of thatRegulation; such organisations take the place of their members forall operations relating to the administration of the system of aid forthe cultivation of dried grapes;
(c) ‘individual producers' means producers who are notmembers of a
producer organisation for the purpose of cultivating grapes for theproduction of dried grapes;
(1) OJ L 278, 10.10.1990, p. 35.
(2) OJ L 268, 10.11.1995, p. 7.
(3) OJ L 219, 16.8.1984, p. 1.
(4) OJ L 228, 17.8.1988, p. 5.
1999R1621 — EN — 26.10.1999 — 001.001 — 4
▼B
(d) ‘processor' means any processing undertaking which manufactures
products falling within the CN code given in (a) above, with appro-priate facilities for storing and processing the dried grapes on theholding (unprocessed dried grapes);
(e) ‘contracts' means processing contracts which are binding on indi-
vidual producers or producer organisations and processors.
Article 2
1. The maximum guaranteed Community area referred to in Article
7(2) of Regulation (EC) No 2201/96 shall be 53 000 hectares.
2. The marketing year for dried grapes referred to in Article 1(3) of
Regulation (EC) No 2201/96 shall run from 1 September to 31 August.
3. For the purposes of administering the aid scheme, a computerised
alphanumeric database known as a ‘database', containing the informa-tion referred to in Articles 4 and 8(4) shall be introduced. The system ofalphanumeric identification of plots shall be that used for the integratedsystem referred to in Article 4 of Council Regulation (EEC) No 3508/92 (
1) supplemented, where appropriate, to cover the wine-growing
areas covered by this aid scheme.
4. The reference charts referred to in Article 4(4) of Council Regula-
tion (EC) No 2392/86 (2) shall include areas under vines covered by
this aid scheme.
Article 3
1. Aid shall be granted for the cultivation of grapes on specialised
plots:
(a) which have been entered in the database;
(b) which have been entirely cultivated and harvested and the dried
production of which (unprocessed dried grapes) has been deliveredto a processor under contract;
(c) which produce a minimum yield equivalentt o atleastt he following
quantities:
— 3 000 kilograms of unprocessed dried grapes in the case of
sultanas,
— 2 100 kilograms of unprocessed dried grapes in the case of
currants,
— 520 kilograms of unprocessed dried grapes in the case of the
muscatel variety;
(d) the production of fresh grapes and unprocessed dried grapes from
which has been sorted in accordance with the national provisionsreferred to in paragraph 4;
(e) which produce unprocessed dried grapes meeting the minimum
requirements set out in Annex I.
2. Notwithstanding the minimum yield requirement:
— where vines of the sultana and muscatel varieties have been infected
with phylloxera, the minimum yield required shall be equivalent to1 900 kilograms of unprocessed dried grapes during the fivemarketing years following the entry into effect of this Regulation;
— where vines of the muscatel variety have been infected with phyl-
loxera, the minimum yield required shall be equivalent to 300kilograms of unprocessed dried grapes during the five marketingyears following the entry into effect of this Regulation,
— in the case of vineyards replanted less than five years ago, Member
States may establish a lower minimum yield and shall notify theCommission thereof,
(1) OJ L 355, 5.12.1992, p. 1.
(2) OJ L 208, 31.7.1986, p. 1.
1999R1621 — EN — 26.10.1999 — 001.001 — 5
▼B
— in the case of plots damaged by natural disasters, the Member States
shall reduce the quantities referred to in paragraph 2(c) by thepercentage of loss certified by the insurance agencies; for damagenot insured, the Member States shall determine the percentagereduction in minimum yield for the affected regions and shall notifythe Commission thereof,
— where grapes are grown organically in accordance with Community
rules, the Member States may set a lower minimum yield and shallnotify the Commission thereof.
3. To ascertain whether the minimum yield has been complied with,
it shall be compared_with the average yield of each holding. Theaverage yield shall be calculated for each variety, taking into accountthe derogations contained in paragraph 2, on the basis of the quantity ofunprocessed dried grapes delivered by the holding in question to theprocessors) or producer organisation. Quantities eliminated duringsorting shall not be taken into consideration.
4. The Member States shall adopt national provisions on the sorting
of fresh grapes before drying, fixing a maximum percentage to beeliminated which shall not exceed 10 % of the harvest, except in thecase of natural disasters. For dried grapes, the Member States may laydown a minimum percentage to be eliminated and establish arrange-ments for checks on the destination of eliminated dried grapes.
Article 4
1. The Member States shall enter in the database, upon application,
the names of individual producers, producer organisations and proces-sors who satisfy the technical requirements for participating in the aidscheme. These requirements shall include in particular the conditionsunder which drying, storage and processing are carried out, with a viewto ensuring that the finished product is of satisfactory physical andhygienic quality in accordance with Council Directive 93/43/EEC (
1).
Member States shall assign a unique number to each participant in the
scheme, where appropriate in accordance with the same principles as forthe integrated system.
2. Applications for registration as referred to in paragraph 1 shall be
submitted not later than one month before the beginning of themarketing year and in all cases before the signature of contracts underArticle 5.
Applicants shall include the following information in their applications:
(a) in the case of individual producers and producer organisations:
— the total area of vineyard, expressed in hectares to two decimal
places, planted with the varieties referred to in Article 7(1) ofRegulation (EC) No 2201/96, broken down by plot, specifyingthe date of replanting, and by variety, and, in the case of thesultana and muscatel varieties, by category, with, for each plot,particulars enabling it to be identified and/or delimited,
— the specialised area, broken down by plot and by variety, using
the same references as the first indent,
— the estimated crop of unprocessed dried grapes,— the facilities available for ensuring that the grapes are dried on
the holding under satisfactory technical and hygiene conditions,
— in the case of producer organisations undertaking storage in
accordance with the fifth indent of Article 5(1), materialevidence of the existence of the facilities necessary for ensuringthat the unprocessed dried grapes are stored in stackable plasticboxes under appropriate technical and hygiene conditions;
(1) OJ L 175, 19.7.1993, p. 1.
1999R1621 — EN — 26.10.1999 — 001.001 — 6
▼B
(b) in the case of processors:
— the average quantity of raw material purchased and of finished
product obtained over the last three years or since commencingbusiness, with supporting invoices; particulars, in the form ofmaterial evidence, of the facilities necessary for ensuring thatthe products are stored in stackable plastic boxes and processedunder satisfactory technical and hygiene conditions,
— an undertaking to undergo the checks required for the imple-
mentation of the aid scheme,
— an undertaking to process the products purchased into finished
products having the minimum characteristics set out in AnnexII,
— an undertaking to keep detailed daily stock accounts of move-
ments of:
(i) raw materials purchased under contract and with particulars
of the sellers;
(ii) finished products sold with particulars of the buyers;
(iii) quantities of unprocessed dried products in stock;
(iv) quantities eliminated during sorting under national provi-
sions and proof of their destination.
3. Member States may:
— introduce additional requirements in order to make the checks
easier,
— restrict application of paragraph 2 to new producers and to those
who have changes to declare to their most recent notification underthe second subparagraph of paragraph 2.
Article 5
1. Contracts shall be concluded between individual producers or
producer organisations and processors entered in the database.
Contracts shall be concluded in respect of the whole marketing year, not
later than 1 August before the marketing year in question and contain:
— the database numbers of the contracting parties,— particulars of the areas to which they relate, broken down by plot
and by variety, using the same references as those used for entry inthe database; the area and its breakdown by plot may not differ fromor exceed the areas and plots notified under the first indent ofArticle 4(2)(a); they may be smaller,
— an estimate of the quantity of dried product (unprocessed dried
grapes) that will be obtained, indicating the foreseeable averageyield of the plots under the same variety or, in the case of thesultana and muscatel varieties, the same category,
— the price to be paid, broken down where applicable by variety
and/or quality; an undertaking to pay the price by bank or postaltransfer,
— a requirement that the individual producer or producer organisation
is to deliver to the processor, in stackable plastic boxes, immediatelyfollowing drying, the total harvested quantity of dried crop obtainedon the areas covered by the contract, less the quantities eliminatedduring sorting; however, contracts drawn up with producer organ-isations may stipulate that the dried product is to be stored by theproducer organisation in stackable plastic boxes and that deliveriesto the processor shall be spread over the marketing year. Theproducer organisation shall undertake to ensure satisfactory storageconditions for preserving the quality of the dried product,
— an obligation on the processor to take over and store, in stackable
plastic boxes under appropriate conditions, all deliveries of unpro-cessed dried grapes which meet the minimum quality requirementssetoutin Annex I;
— the compensation provided for if either contracting party fails to
fulfil its contractual obligations, particularly as regards payment ofthe price and the obligation to deliver and take delivery of the entirequantity obtained from the plots covered by the contract.
1999R1621 — EN — 26.10.1999 — 001.001 — 7
▼B
2. Contracts may contain a clause providing for the price referred to
in the fourth indent of paragraph 1 to be revised once or several timesbefore delivery of the product, but no later than 30 November. Thisrevision should be based on objective elements such as the world pricetrend and the quantity and quality of the product obtained; in the eventof disagreement, the original contract price shall remain valid.
3. Processors shall forward a copy of each contract to the competent
national authority within 10 working days following its conclusion andshall retain proof of having done so.
4. Where an organisation also acts as processor, contracts covering
the production of its members shall be regarded as having beenconcluded after the information contained in them has been forwardedto the competent authority, within the period referred to in the secondsubparagraph of paragraph 1.
5. The Member States shall assign an identification number to each
contract.
They shall adopt additional provisions concerning contracts, in partic-
ular as regards penalties in the event of failure to comply with thecontract price and failure to forward contracts in accordance with para-graphs 3 and 4.
Article 6
1. The total quantity of dried grapes on a holding must be delivered
to the processor or, where applicable, the producer organisation respon-sible under the contract for providing storage, not later than 30November of the year of production.
2. Unprocessed dried grapes delivered to processors under contract
shall satisfy the minimum requirements shown in Annex I.
Compliance with these requirements shall be checked on the basis of
representative samples taken by the processor from the entire batch, inagreement with the producer or producer organisation. The samplesshall be examined by both parties and the results of the verificationshall be recorded. For the purposes of this paragraph, ‘batch' means allthe boxes presented at the same time by a producer or producer organ-isation for taking over by the processor. The content of each batch mustbe uniform and must contain only unprocessed dried grapes of the sameorigin and the same variety.
3. The processor shall determine the place and rate of deliveries in
agreement with the producer.
4. Upon acceptance of a batch, a certificate of delivery shall be
drawn up detailing:
— the date and time of commencement of unloading,— the identification number of the contract covering the batch,— the gross and net weight of the batch,— compliance of the batch with the minimum requirements set.
The certificate of delivery shall be drawn up in triplicate and signed by
the processor and the individual producer or producer organisation.Each certificate shall bear an identification number.
The processor and individual producer or producer organisation shall
each keep a copy of the certificate of delivery. The processor shall senda copy to the Member State within two working days for monitoringpurposes.
Article 7
1. Aid applications shall be submitted by individual producers or
producer organisations after delivery of the unprocessed dried grapes tothe processor and not later than 31 December of the year of productionof the grapes.
1999R1621 — EN — 26.10.1999 — 001.001 — 8
▼B
2. Aid applications shall contain at least the following information:
— the database number(s) and the specialised areas) to which the
application relates, using the same references as those referred to inthe first indent of Article 4(2)(a),
— the identification number(s) of the corresponding contract(s) or a
copy or copies thereof,
— the identification number(s) of the certificate(s) of delivery or a
copy or copies thereof,
— the quantity of unprocessed dried grapes produced and the yield per
hectare,
— a declaration that the entire quantity of grapes grown on the areas
for which aid is requested has been dried and delivered to theprocessor(s), less quantities eliminated during sorting.
3. The aid shall be paid on completion of the checks referred to in
Article 8 and by 31 May of the year following the year of harvest ofdried grapes at the latest.
However, producer organisations shall receive an advance equal to
70 % of the aid after a documentary check on the information referredto in paragraph 2, by 31 January of the year following the year ofharvest of dried grapes at the latest.
Producer organisations shall transfer in full the advance and the balance
of the aid to their members within 15 days of receiving payment.Member States shall verify compliance with that time limit and shallimpose penalties in cases of abuse.
Article 8
1. Without prejudice to Title VI of Regulation (EC) No 2200/96, the
Member States shall carry out administrative and on-the-spot checks toensure that this Regulation is complied with.
In particular, they shall carry out:
1.1. administrative checks on 100 % of communications, contracts and
aid applications. Such checks shall relate to both the identificationof the applicant and the characteristics of the plots. They shallconsist of computerised cross-checks between wine-sector declara-tions and those of other sectors qualifying for area aid and declara-tions from previous years by the same applicant;
1.2. annual on-the spot checks on:
(a) the information contained in the database, covering at least:
(i) a sample equivalent to 5 % of the communications and at
least 5 % of the areas notified in accordance with the firstindent of Article 4(2)(a); samples shall be selected on thebasis of their representativeness and a risk analysis whichtakes into account:
— the results of cross-checking the information provided
by producers or producer organisations against the datain the vineyard register and the information collectedduring implementation of programmes to combat phyl-loxera,
— the areas that have been notified and their geographical
distribution,
— where the second indent of Article 4(3) applies, new
producers and those who notify changes;
(ii) a sample equivalent to 5 % of the quantities notified in
accordance with the first indent of Article 4(2)(b); samplesshall be selected taking into account the storage andprocessing capacity declared by each processor and shallcover atleastone processing unitfor each variet y.
Checks shall cover, among other things, the compliance of the
finished product with the minimum characteristics laid down inAnnex II;
1999R1621 — EN — 26.10.1999 — 001.001 — 9
▼B
(b) compliance with the obligations arising under contracts; these
checks shall be made on a sample equivalent to 5 % of thecontracts and at least 5 % of the areas covered by contract;
(c) the information contained in aid applications; these checks
shall be made on a sample equivalent to 5 % of the aidapplications and at least 5 % of the areas. The applicationswhich are to be checked on the spot shall be determined by thecompetent authority taking into account.
— the number of plots and the total surface area,— the results of cross-checking the information contained in
the applications against that contained in the data base andthe contracts,
— any changes compared with the previous year,— findings made during checks carried outin previous years.
During the checks on aid applications the following shall also
be verified:
— actual compliance with the minimum yield; for the
purposes of this check, the national authorities shall verifydeliveries to processors and the quantities entered in theprocessors’ stock accounts,
— actual drying of the entire quantity harvested on the plots
covered by contracts; for the purposes of this check, thenational authorities shall draw up an estimate of theaverage yield by production area and by variety or, in thecase of the sultana and muscatel varieties, by category; thisaverage yield shall be used for comparison,
— compliance with the minimum quality requirements;
(d) aid for replanting to combat phylloxera.
2. The on-the-spot check shall cover all plots on the holding planted
with varieties qualifying for aid and all the activities of processorsassociated with the varieties concerned, including those relating toimported quantities.
3. Where a plot being checked belongs to several owners, the truth-
fulness of the information entered in the database and in the aid applica-tions of the joint owners shall be checked.
4. The results of checks and the penalties applied shall be entered in
the database.
Article 9
1. Where the information provided by individual producers or
producer organisations under Article 4(2)(a) is found to be inaccurate,penalties shall be imposed as follows:
(a) in the case of area discrepancies, paragraph 4 below shall apply by
analogy;
(b) in the case of significant discrepancies in the available infrastruc-
ture, the names of individual producers or producer organisationsshall be removed from the database for the duration of themarketing year concerned; they shall be reinstated not earlier thanthe following marketing year on condition that they provideevidence of having put in place the appropriate facilities and/orequipment.
2. Where the information provided by processors under Article
4(2)(b) is found to be inaccurate or commitments given under thoseprovisions are found not to have been fulfilled, penalties shall beimposed as follows:
(a) in the case of significant discrepancies in the available infrastruc-
ture, the financial penalty shall be equivalent to the amount of aidcorresponding to the quantities processed during the marketing yearconcerned; in addition, the names of the processors shall beremoved from the database for the marketing year in question; theyshall be reinstated not earlier than the following marketing year on
1999R1621 — EN — 26.10.1999 — 001.001 — 10
▼B
condition that they provide evidence of having put in place the
appropriate facilities;
(b) in the case of failure to fulfil commitments, in particular concerning
the quality of the finished product, including the product eliminatedby sorting and/or the keeping of detailed accounts, the penalty shallbe equivalent to the amount of aid corresponding to the quantitiesprocessed during the marketing year concerned.
3. Where it is found that the information contained in the contracts is
inaccurate or that commitments have not been complied with, penaltiesshall be imposed as follows:
(a) where an individual producer or producer organisation fails to
comply, in particular, with the obligation to deliver laid down in thefourth indent of Article 5(1), the aid shall not be paid or, if it hasbeen paid already, shall be recovered in accordance with Article 14of Commission Regulation (EEC) No 3887/92 (
1);
(b) where processors have not agreed to take over the unprocessed
dried grapes delivered under contract, a financial penalty shall beimposed equivalent to the aid amount corresponding to the areasconcerned.
4. If irregularities are found during checks on aid applications, penal-
ties shall be imposed as follows:
(a) where the area actually determined is found to be greater than the
area for which aid is requested, the aid amount shall be calculatedon the basis of the area shown in the aid application.
If, on the other hand, the area actually determined during a check is
found to be smaller than that for which aid is requested, the aidamount shall be calculated on the basis of the area actually deter-mined minus, exceptin cases of force majeure , twice the excess
established where this is greater than 3 % or 0.2 hectares but notmore than 20 % of the area determined. Producer organisationsshall reimburse the undue payment plus interest calculated inaccordance with paragraph 3(a).
Where the excess found exceeds 20 % of the area determined, no
per hectare aid shall be granted or, where aid has been paid already,it shall be recovered in accordance with Article 14 of Regulation(EEC) No 3887/92.
However, in the case of a false declaration made deliberately or
through serious negligence:
— the producer or producer organisation shall be excluded from
receiving aid for the marketing year in question, and
— in the case of a deliberate false declaration, from receiving aid
for the following marketing year.
The above reductions, shall not be applied if, in determining the
area, individual producers or producer organisations can show thatthey have correctly taken as a basis the information accepted by thecompetent authority.
For the purposes of this paragraph, ‘area determined' means that for
which all the prescribed conditions have been met;
(b) if it is found that the minimum yield has not been complied with,
the names of the individual producer or producer organisation and,where applicable, the processor involved shall be removed from thedatabase for the duration of the marketing year in question and thefollowing marketing year;
(c) if it is found that the yield obtained, while greater than the
minimum yield, is nevertheless smaller than the average yield esti-mated by the national authority for the geographical area concerned,the check shall be extended to cover quantities sold by the indi-vidual producer or producer organisation on the market in freshgrapes or for winemaking. If this check and the check on the state
(1) OJ L 391, 31.12.1992, p. 36.
1999R1621 — EN — 26.10.1999 — 001.001 — 11
▼B
of the vineyard reveal that all the quantities harvested on the plots
for which aid is requested have not been dried, the aid shall bereduced in proportion to the percentage of the quantities deflected.No aid shall be paid if the quantities deflected account for morethan 30 % of those obtained. Where there is no proof of the quant-ities actually produced on the plots concerned, the deflected quant-ities shall be equal to the difference between the quantities given inthe aid application and the quantities calculated by applying theaverage yield established by the authorities by geographical areaand by variety.
5. In all cases where the aid has been paid unduly, Member States
shall recover the amounts concerned in accordance with Article 14 ofRegulation (EEC) No 3887/92.
Where an irregularity is discovered which relates to part of the area or
production of a producer or a producer organisation or to part of theproduction taken over and/or processed by a processor, the penaltiesshall be proportionate to the irregularity committed. They shall be atleast double the amount of the aid corresponding to the quantitiesinvolved in the irregularity.
Article 10
The following provisions of Regulation (EEC) No 3887/92 shall apply
to the checks and penalties contained in this Regulation:
— the last subparagraph of Article 6(3) in the case of significant
irregularities found in a region or part of a region,
— the first subparagraph of Article 6(7) for determining the area of
parcels,
— the first subparagraph of Article 8(1) in the case of late submission
of the application for registration in the database and/or the aidapplication,
— Article 11 for cases of force majeure and cases where the penalties
applicable are notimposed,
— Article 12 as regards the report on the inspection visit;— Article 13 as regards refusal of the farmer to receive an inspection
visit,
— Article 14 as regards the rules for reimbursement of undue
payments,
— Article 15.
Article 11
The Member States concerned shall notify to the Commission each
year:
(a) before 1 October, on the basis of the information contained in the
database and contracts:
— the total vineyard area planted with varieties eligible for aid,
broken down by variety and, in the case of the sultana andmuscatel varieties, by category,
— the specialised area intended for the production of dried grapes,— the area covered by contracts for each variety and the total
number of contracts, differentiating between contractsconcluded with individual producers and those concluded withproducer organisations,
— the estimated crop of dried grapes for each variety,— the number of producer organisations by type of recognition and
percentage of area covered by those organisations; their storagecapacity,
— the number of processors and their storage and processing
capacity,
1999R1621 — EN — 26.10.1999 — 001.001 — 12
▼B
(b) before 31 January:
(i) on the basis of the information contained in aid applications:
— the specialised area for each variety for which aid has been
requested by the producer organisations and individualproducers,
— the quantities of unprocessed dried grapes produced and the
average yield per hectare for each variety in the case ofproducer organisations and individual producers,
— the number of hectares for which a yield reduction has been
officially granted by the competent authorities of theMember States under the fourth indent of Article 3(2).These areas shall be broken down by percentage reductionof harvest and by type of damage for each production area;
(ii) on the basis of the information contained in applications for aid
for replanting:
— the areas that have received replanting aid for each variety
in the case of producer organisations and individual produ-cers, showing the payments made for the first, second andthird years of replanting separately;
(c) before 1 September:
— the areas finally accepted as eligible for cultivation aid and
replanting aid for the current marketing year;
— the results of the checks, indicating any problems encountered.
Article 12
Processors engaged in the production of dried grapes involving the
artificial drying of the grapes in their processing plant may be author-ised by the Member State to obtain their supplies of fresh grapes fromproducers or producer organisations receiving aid. To that end theymustsubmita det ailed programme of t heir planned purchases of freshgrapes and undergo the special checks which the Member State mustarrange in order to prevent abuses.
The Member States shall inform the Commission of the existence of
such requests and of the special control measures adopted.
Article 13
1. The Member States must have set up the database referred to in
Article 2(4) before the start of the 2002/03 marketing year. During the1999/2000, 2000/01 and 2001/02 marketing years, the obligation toregister in the database shall be replaced by an obligation to submit anapplication for registration in the database in accordance with Article4(2) before 1 September 1999; the references relating to the area andidentification of plots shall be the land-registry references or otherindications recognised as equivalent by the body responsible for checkson the areas.
2. The following transitional measures shall apply in the marketing
years 1999/2000 to 2001/02:
(a) the Member States may decide that in the 1999/2000 marketing
year, forms of producer association existing before the entry intoforce of this Regulation take the place of their members for alloperations relating to the administration of the system of aid for thecultivation of dried grapes if they submit an application for prelimi-nary recognition in accordance with Article 14 of Regulation (EC)No 2200/96 before 15 September 1999;
(b) applications for registration in the database as referred to in Article
4( l ) shall be admissible if the applicants, whether individualproducers, producer organisations or processors, undertake to fulfilthe conditions for their registration in the database, and in particularthose concerning conditions of drying, storage and processingbefore the start of the 2001/02 marketing year;
1999R1621 — EN — 26.10.1999 — 001.001 — 13
▼M1
(c) contracts as provided for in Article 5 shall be signed by producers
or producer organisations, including those referred to in (a) above,and processors who have lodged applications for entry in the data-base; contracts for the 1999/2000 and 2000/01 marketing years shallbe concluded by 1 November 1999 and 1 September 2000 respec-tively;
▼
B
(d) the obligation to deliver and store unprocessed dried grapes in
stackable plastic boxes shall apply fully from the 2002/03marketing year.
However, for individual producers, producer organisations and
processors who have benefited from the measures provided for inCouncil Regulation (EC) No 399/94 (
1) this obligation shall apply
to:
— at least 25 % of the quantities delivered and stored in the course
of the 1999/2000 marketing year,
— at least 50 % of the quantities delivered and stored in the course
of the 2000/01 marketing year,
— 100 % of the quantities delivered and stocked for the following
marketing years;
(e) The time limit for delivery referred to in Article 6(l) for the 1999/
2000 marketing year shall be 31 December 1999. Until the start ofthe 2001/02 marketing year processors may entrust the storage ofthe quantities they are unable to store themselves to individualproducers or producer organisations;
(f) The provisions of the second subparagraph of Article 9(4)(a) and of
Article 9(4)(c) shall apply from the 2002/03 marketing year.
Article 14
The Member States shall notify the Commission within two months of
the publication of this Regulation of the national measures taken toimplementit .
Article 15
Regulations (EEC) No 2911/90 and (EEC) No 2347/84 are hereby
repealed with effect from the 1999/2000 marketing year.
Article 16
This Regulation shall enter into force on the seventh day following its
publication in the Official Journal of the European Communities .
It shall apply as from the 1999/2000 marketing year.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
(1) OJ L 54, 25.2.1994, p. 3.
1999R1621 — EN — 26.10.1999 — 001.001 — 14
▼B
DefectsTolerance
(% by weight)ANNEX I
MINIMUM REQUIREMENTS
referred to in Article 3(1)(e)
1. Unprocessed sultanas must be obtained from grapes of the varieties (cultivars)
Vitisvinifera L.Apyrena .
Unprocessed currants must be obtained from grapes of the varieties (cultivars)
Vitisvinifera L.Black Corinth .
Unprocessed dried muscatel grapes must be obtained from grapes of the
varieties (cultivars) Vitisvinifera L.muscatel .
2. When fresh, the grapes must satisfy the requirements in force for fresh grapes,
in particular as regards residues of plant health products; during drying theymust not be in direct contact with the soil and must be adequately protectedagainstpest s. They mustbe cleared in advance, where appropriat e byscreening, mainly to remove stalk fragments.
3. Unprocessed dried grapes mustbe:
1. dry, with a moisture content of not more than 31 % in the case of grapes
of the muscatel variety and 14 % for other varieities;
2. sound, whole, properly formed and sufficiently well developed; of practi-
cally uniform colouring;
3. of a pulp that is practically resilient and flexible, preventing hardening or
crystallisation of the dried grapes;
4. free from bruising caused by stalks or mishandling;5. practically free from mould, rotting, fermentation or any other defect or
change harmful to the quality or presentation of the product, even in aninactive state;
6. practically free from living or dead insects or mites, irrespective of their
stage of development;
7. free from gravel, visible grit, metal fragments and other mineral impuri-
ties or foreign matter;
8. free from visible or invisible residues of treatment products that are toxic
to humans;
9. practically free from stalks and other vine fragments;
10. free from foreign odours and tastes;11. free from sticky substances, irrespective of their cause;12. easily removable when taken from the container used to transport or store
them;
13. transported and stored in stackable plastic boxes that are washed before
each use.
14. uniform in size as follows:
—unprocessed currants : size between 10 and 4 millimetres; and
sultanas : size between 11 and 4 millimetres,
—unprocessed dried grapes of the muscatel variety : size notexceeding
130 grapes per 100 grams.
4. The following tolerances are allowed:
1. Quality
Unprocessed dried grapes of non-uniform colouring 12
Insufficiently ripe or insufficiently developed unprocessed
dried grapes4
Mouldy, rotten or fermented unprocessed dried grapes 4
Damaged, bruised or splitunprocessed dried grapes 4
Unprocessed dried grapes containing crystallised sugar 10
Unprocessed dried grapes damaged by insects, mites or
other pests2
Unprocessed dried grapes containing visible foreign plant
matter1
1999R1621 — EN — 26.10.1999 — 001.001 — 15
▼B
2. Size
—unprocessed currants and sultanas :
— not more than 6 % by weight of grapes of a diameter of more than
10 millimetres in the case of currants and 11 millimetres in thecase of sultanas,
— not more than 2 % by weight of grapes of a diameter of less than 4
millimetres. The latter tolerance will be raised to 4 % in the case ofunprocessed dried grapes produced in Aegialia, Korinthia and theIonian Islands,
—unprocessed dried grapes of the muscatel variety : 10 % of grapes in a
batch not within the limit.
1999R1621 — EN — 26.10.1999 — 001.001 — 16
▼B
ANNEX II.
MINIMUM CHARACTERISTICS OF DRIED GRAPES
referred to in the third indent of Article 4(2)(b)
1.Definition
The dried grapes must be of the sultana or muscatel varieties or currants
grown from Vitisvinifera L.
2.Minimum requirements
2.1. The dried grapes mustbe:
— whole,— sound; produce affected by rotting or deterioration such as to make
itunfitfor, consumpt ion is excluded,
— free from living insects or mites whatever their stage of develop-
ment,
— free from abnormal external moisture,— free of foreign smell and taste (a slight smell of S0
2and a slight
smell and taste of oil are not considered abnormal),
— and subject to the tolerances,— clean, practically free from any visible foreign matter,— free from visible damage by insects, mites or other parasites,— free from mould,— free from immature and/or undeveloped berries,— free from pieces of stem,— free from pedicels, exceptfor muscat el,— free from damaged berries (in seeded forms, normal mechanical
injury resulting from normal seeding operations is not considered‘damage')
— free from evidentsugar cryst als,— free from extraneous vegetable matter.
2.2. The dried grapes mustalso:
— possess similar varietal characteristics,— have a fairly good characteristic flavour, texture and colour,— be prepared from fairly well matured grapes,— be screened or sized,— they may have defects within the tolerance limits indicated under
the provisions concerning tolerances provided that the dried grapesretain their essential characteristics as regards general appearance,quality, keeping quality and presentation.
2.3. The condition of the dried grapes must be such as to enable them
— to withstand transport and handling, and— to arrive in satisfactory condition at the place of destination.
3.Moisture contend
The dried grapes musthave a moist ure cont entof notless t han 13 % and not
more than 31 % for the Malaga/muscatel type, 23 % for seed-bearing vari-eties and 18 % for seedless varieties and currants.
4.Tolerances
The tolerances in respect of quality allowed in each package for produce not
satisfying the requirements for the class indicated are as follows:
1999R1621 — EN — 26.10.1999 — 001.001 — 17
▼B
SEEDLESS
Permitted defects Tolerances for defective fruit
Percentage by
weightBy number
Pieces of stem (per kg) — 2,00
Pedicels (%) — 5,00
Immature and/or undeveloped berries 4,00
Berries having seeds in seedless types (%) 1,00
Mouldy 4,00 —
Insectdamaged 1,00 —
Damaged 5,00 —
Sugared 15,00 —
Extraneous vegetable material 0,03 —
Mineral impurities 0,01 —
SEED-BEARING
Permtted defects Tolerances for defective fruit
Percentage by
weightBy number
Pieces of stem (per kg) — 2,00
Pedicels (%) — 5,00
Immature and/or undeveloped berries 2,00 —
Mouldy 4,00 —
Insectdamaged 1,00 —
Damaged 5,00 —
Sugared 15,00 —
Extraneous vegetable material 0,03 —
Mineral impurities 0,01 —
CURRANTS
Permitted defects Tolerances for defective fruit
Percentage by
weightBy number
Pieces of stem (per kg) — 1,00
Pedicels (%) — 3,00
Immature and/or undeveloped berries 1,50 —
Mouldy 4,00 —
Insectdamaged 1,00 —
Damaged 3,00 —
Sugared 15,00 —
Extraneous vegetable material 0,03 —
Mineral impurities 0,01 —