2000R1623 — EN — 25.08.2001 — 004.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No1623/2000
of25July2000
laying down detailed rules for implementing Regulation (EC) No 1493/1999 on the common
organisationofthemarketinwinewithregardtomarketmechanisms
(OJ L 194, 31.7.2000, p. 45)
Amended by:
Official Journal
No page date
►M1 Commission Regulation (EC) No 2409/2000 of 30 October 2000 L 278 3 31.10.2000
►M2 Commission Regulation (EC) No 2786/2000 of 19 December 2000 L 323 4 20.12.2000
►M3 Commission Regulation (EC) No 545/2001 of 20 March 2001 L 81 21 21.3.2001
►M4 Commission Regulation (EC) No 1282/2001 of 28 June 2001 L 176 14 29.6.2001
►M5 Commission Regulation (EC) No 1660/2001 of 16 August 2001 L 221 8 17.8.2001
►M6 Commission Regulation (EC) No 2464/2001 of 14 December 2001 L 331 25 15.12.2001
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COMMISSIONREGULATION(EC)No1623/2000
of25July2000
laying down detailed rules for implementing Regulation (EC)
No 1493/1999 on the common organisation of the market in wine
withregardtomarketmechanisms
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1493/1999 on the
common organisation of the market in wine (1), and in particular Articles
24, 25, 26, 33, 34, 35, 36 and 80 thereof,
Whereas:
(1) Title III of Regulation (EC) No 1493/1999 lays down general
rules on market mechanisms and refers for the rest to detailedimplementing rules to be adopted by the Commission.
(2) Until now, those rules have been contained in a large number ofCommunity regulations. In the interests of both economicoperators in the Community and the authorities responsible forapplying Community rules, all these provisions should be broughttogether in a single Regulation.
(3) This Regulation must include the current rules and adapt them tothe new requirements of Regulation (EC) No 1493/1999. Theymust also be simplified and made more coherent and certain gaps
must be filled in to ensure that the Community rules in this area
are complete. In addition, some rules should be made morespecific to ensure greater legal certainty when they are applied.
(4) Article 35(1)(a) of Regulation (EC) No 1493/1999 introduces anaid scheme for the use of grape must and concentrated grape mustmade from grapes produced in the Community for the purpose ofmanufacturing grape juice or other comestible products madewith this juice.
(5) Such other comestible products should be specified.
(6) The economic aim of the aid scheme is to encourage the use ofraw materials of Community origin rather than imported rawmaterials in the manufacture of grape juice or other comestibleproducts made with this juice. The aid should accordingly begranted to the users of the raw materials, i.e. the processors.
(7) It should be stipulated that the aid is granted only for rawmaterials with the quality characteristics required for processinginto grape juice. It should accordingly be specified in particularthat the grapes and grape must covered by a statement must have
a density at 20 ºC of between 1.055 and 1.100 grams per cubic
centimetre.
(8) Application of the aid scheme calls for an administrative system
to monitor both the origin of products eligible for the aid and their
intended use.
(9) To ensure that the aid scheme and the checks operate properly,
the processors concerned should be required to submit a written
statement containing the information needed to enable theoperations to be monitored.
(10) However, to avoid excessive administration for both theprocessors and the authorities concerned, no prior writtenstatement should be required from processors using only a smallquantity of grapes or grape must each wine year. That quantityshould be fixed. The processors concerned must neverthelessinform the competent authorities of their Member State at the2000R1623 — EN — 25.08.2001 — 004.001 — 2
(1) OJ L 179, 14.7.1999, p. 1.
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beginning of each wine year of their intention to process a certain
quantity of grapes or grape must.
(11) When the processor is not the user of the product concerned,particularly where the inspecting authority concerned is in adifferent Member State than the processor, it is not always easyfor that authority to know whether a statement relates to grape
must which has not received aid under this Regulation or to grape
juice for which an aid application has already been submitted.The transport document accompanying the product concernedshould therefore indicate whether an aid application has beensubmitted.
(12) In order for the aid scheme to significantly increase the use ofCommunity raw materials, it should be stipulated that aidapplications must be submitted for a fixed minimum quantity
for each product.
(13) Under Article 35(5) of Regulation (EC) No 1493/1999, part of the
aid is to be used to organise campaigns to promote theconsumption of grape juice. The percentage of the aid earmarked
for this purpose should be sufficient to generate adequate funds to
finance effective promotion campaigns.
(14) Processing is carried out by both occasional processors and
undertakings working continuously. The detailed rules for
applying the aid scheme must take account of that difference instructures.
(15) In order to allow the competent authorities of the Member Statesto conduct the necessary checks, the obligations of processors asregards stock accounts should be specified.
(16) In order to avoid unwarranted expenditure and facilitate checks, amaximum ratio should be specified between the raw materialsused and the grape juice obtained, based on normal processingtechniques.
(17) For commercial reasons, some operators store the grape juiceobtained for a long time before putting it up for consumption.This being the case, a system of advances should be introduced sothat the aid can be paid in advance to operators against a suitablesecurity to protect the competent authorities against the risk of
undue payment. The time limit for the payment of advances
should therefore be specified, together with detailed rules for therelease of securities.
(18) To qualify for the aid, the parties concerned must submit anapplication together with certain supporting documents. To ensurethat the system operates in the same way in all the MemberStates, time limits should be laid down for the submission ofapplications and for payment of the aid to processors.
(19) Under Article 44(5) of Regulation (EC) No 1493/1999, grapejuice may not be turned into wine or added to wine. In order toensure compliance with that provision, the obligations and specialchecks devolving on processors and bottlers of grape juice should
be specified.
(20) Article 34 of Regulation (EC) No 1493/1999 introduces an aid
scheme for concentrated must and rectified concentrated must
produced in the Community and used to increase the alcoholic
strength of wines.
(21) Under Article 36 of Regulation (EC) No 1493/1999, detailed rules
may be laid down, in particular to stipulate the conditions for
granting the aid. On that basis, rules should be laid down forapplying the measure in the case of small producers. It shouldalso be stipulated that only producers who have fulfilled theirCommunity obligations during a specified period are to beeligible under this measure.
(22) The competent authorities must be informed of enrichmentoperations involving the addition of concentrated grape must andrectified concentrated grape must and of the quantities of those2000R1623 — EN — 25.08.2001 — 004.001 — 3
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products which are held. Since the quantities of those products
which are or have been used for enrichment must be recorded inthe registers provided for in Article 70(2) of Regulation (EC)
No 1493/1999, there is no need to require additional documents to
be presented in order for the aid to be received.
(23) To ensure uniform application of the aid scheme concerned, the
method for establishing the potential alcoholic strength of musts
should be harmonised at Community level.
(24) The cost price of grape must used to produce concentrated grape
must and rectified concentrated grape must depends on its
potential natural alcoholic strength. To take account of this factand to avoid disrupting the existing pattern of trade, the aidshould be differentiated so that a higher amount can be grantedfor concentrated grape must and rectified concentrated grape must
from the southernmost regions of the Community, which
traditionally produce must with the highest potential naturalalcoholic strength.
(25) Article 35(1)(b) and (c) of Regulation (EC) No 1493/1999
introduces an aid scheme for the use of grape musts and
concentrated grape musts produced in wine-growing zones C III(a) and C III (b) to prepare certain products falling within CNcode 2206 00 in the United Kingdom and Ireland and for the useof concentrated grape musts produced in the Community to
manufacture certain products marketed in the United Kingdom
and in Ireland with instructions for using them to obtain abeverage in imitation of wine.
(26) Products falling within CN code 2206 00 as referred to inArticle 35(1)(c) of Regulation (EC) No 1493/1999 are currentlyproduced exclusively from concentrated grape must. At this stage,therefore, aid should be fixed for the use of concentrated grapemust alone.
(27) Application of the aid scheme calls for an administrative systemto monitor both the origin of products eligible for the aid and theirintended use.
(28) To ensure that the aid scheme and the checks operate properly,the operators concerned should be required to submit writtenapplications giving the information needed to identify the productand enable the operations to be checked.
(29) In order for the aid scheme to significantly increase the use ofCommunity products, it should be stipulated that applicationsmust be submitted for a fixed minimum quantity.
(30) Aid is to be granted only for products having the minimumquality characteristics required for use for the purposes referred toin Article 35(1)(b) and (c) of Regulation (EC) No 1493/1999.
(31) In order to enable the competent authorities of the Member Statesto conduct the necessary checks, the obligations of processors asregards stock accounts should be specified.
(32) Entitlement to aid is acquired when the processing operations arecompleted. To allow for technical losses, the quantity actuallyused should be allowed to be up to 10 % less than the quantitystated in the application.
(33) For technical reasons, operators lay in their stocks a long timebefore manufacturing the marketed products. This being the case,a system of advances should be introduced so that the aid can be
paid in advance to operators against a suitable security to protect
the competent authorities against the risk of undue payment. Thetime limit for the payment of advances should therefore bespecified, together with detailed rules for the release of securities.
(34) Under Chapter I of Title III of Regulation (EC) No 1493/1999,private storage aid may be granted for table wine, grape must,concentrated grape must and rectified concentrated grape must.opened segment Under Article 24(2) of that Regulation, the grantof aid is subject to the conclusion of storage contracts. Detailed2000R1623 — EN — 25.08.2001 — 004.001 — 4
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rules should be laid down covering the conclusion, content, period
of validity and effects of such contracts.
(35) The term ‘producer’ should be defined and, in view of theobligations imposed upon such persons, it should be stipulatedthat producers must be the owners of the products covered by thestorage contract.
(36) An effective check must be kept on the products covered bystorage contracts. To that end, the intervention agency of a
Member State should be allowed to conclude contracts only for
quantities stored on the territory of that Member State, and itshould be informed of any change in the product or the place ofstorage.
(37) For the sake of uniformity, contracts should be concluded on the
same terms throughout the Community and be sufficiently precise
to enable the product concerned to be identified.
(38) Experience of the various schemes for the private storage ofagricultural products has shown that it is necessary to specify theextent to which Council Regulation (EEC, Euratom) No 1182/71is applicable for determining periods, dates and time limits
relating to those schemes, and that the dates on which contractual
storage periods begin and end should be stated precisely.
(39) Under Article 3(4) of Regulation (EEC, Euratom) No 1182/71,where the last day of a period is a public holiday, Sunday orSaturday, the period expires at the end of the last hour of the
following working day. It may not be in the interest of operators
for this provision to be applied in the case of storage contracts,since it could result in unequal treatment where the last days ofstorage are carried over. A derogation must therefore be providedfor when the final day of storage under contract is determined.
(40) In order to ensure that the system of contracts has an effect onmarket prices, contracts should be concluded only for significantquantities.
(41) Storage aid should be restricted to products which have an effecton market prices. Accordingly, only products in bulk shouldqualify for aid. For the same reason, contracts should cover only
products of sufficiently high quality. In the case of table wine,
contracts should relate to wines at an advanced stage ofpreparation, but it must be possible during the contract periodto carry out any oenological processes needed to ensure thepreservation of the product.
(42) To encourage improvement in quality, the minimum alcoholicstrength of wine and must eligible for storage measures should befixed. To the same end, it should be possible to lay down morestringent conditions for table wine covered by storage contracts,based on the quality of the harvest.
(43) In order to avoid abuse of the system, table wines which have
been stored under contract may not subsequently be recognised as
quality wines psr.
(44) In order to prevent products covered by a contract from affectingthe market situation, marketing and certain actions preparatorythereto should be prohibited during the contractual storage period.
(45) Under the third indent of Article 26(1) of Regulation (EC)No 1493/1999, rules may be adopted allowing grape mustcovered by a long-term contract to be processed into concentratedgrape must or rectified concentrated grape must during the periodof validity of the contract. Since such processing is a normaloperation, it should be permitted permanently.
(46) Intervention agencies should be notified whenever grape must isprocessed while under a storage contract, so that they may carryout the necessary checks.
(47) The processing of grape must into concentrated grape must andrectified concentrated grape must reduces the volume of product2000R1623 — EN — 25.08.2001 — 004.001 — 5
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in storage and consequently brings down storage costs. However,
since the product obtained has a higher value, the reduction instorage costs is offset by the rise in interest. It is therefore
justified, in cases where the product is processed during storage,
for the aid to remain at the level calculated on the basis of thequantity of grape must under contract prior to processingthroughout the period of validity of the contract. Moreover, theproducts obtained must have the characteristics required by the
Community rules.
(48) The amount of private storage aid should take into account
technical storage costs and interest. Technical storage costs can
differ according to the type of product, while the amount of the
interest depends on the value of the product. Accordingly, forease of administration, the amount of aid per hectolitre per dayshould be fixed for separate groups of table wines and musts.Under Article 25(4) of Regulation (EC) No 1493/1999, theamount of aid for concentrated grape must should be 1,5 times
higher than for grape must. However, the amounts fixed in this
Regulation may be amended to take account of substantialfluctuations in market prices or interest rates.
(49) It must also be possible to shorten the storage period in caseswhere the products are intended for export once removed fromstorage. Proof that the products have been exported should besupplied in the same way as for refunds, in accordance withCommission Regulation (EC) No 800/1999 of 15 April 1999
laying down common detailed rules for the application of the
system of export refunds on agricultural products (
1).
(50) To ensure that this system is effective while at the same timetaking into account the administrative requirements of the
intervention agencies, a time limit should be laid down for
payment of the aid. However, in the case of long-term contracts,in order to help meet the cash-flow requirements of the producersconcerned, the Member States should be authorised to introducean advance payment scheme involving the lodging of adequate
securities.
(51) When a storage contract for table wine expires, producers may, on
request, conclude a new contract using simplified formalities
provided the conditions for the conclusion of a new contract for
the same product are satisfied.
(52) The market for must and concentrated must for grape juice
production is expanding and, in order to promote the use of vine
products for purposes other than wine-making, permission shouldbe granted for must and concentrated must covered by storagecontracts and intended for grape-juice production to be sold fromthe fifth month of the contract onwards on simple notification bythe producer to the intervention agency. This same possibility
should apply to promote export of these products.
(53) The products which may be obtained by distillation should be
specified, and in particular the minimum quality requirements for
neutral alcohol should be laid down. In setting these requirements,
technological progress should be taken into account, as should theneed to ensure that the alcohol produced can be sold normally onthe markets for the different uses.
(54) The checks on products intended for distillation should beintensified.
(55) In the case of voluntary distillation under Articles 29 and 30 ofRegulation (EC) No 1493/1999, producers should be required toconclude delivery contracts with distillers, to be approved by theintervention agency, so that operations can be supervised and bothparties' compliance with their obligations can be checked. Undersuch a system the quantitative effects of distillation operations on2000R1623 — EN — 25.08.2001 — 004.001 — 6
(1) OJ L 102, 17.4.1999, p. 11.
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the market could be more closely monitored. However, the
contracts system needs to be adjusted to take account of the factthat some producers wish to entrust distillation to a jobbing
distiller while others have distillation plant themselves.
(56) Specific rules are needed to ensure that wine delivered for one of
the optional distillation operations comes from the producers' ownproduction. To that end, such producers should be required to
provide proof that they have actually produced and hold the wine
to be delivered. Rules are also needed to ensure that the essentialelements of distillation contracts are adequately checked.
(57) Experience shows that a certain tolerance should be allowed inthe quantity and actual alcoholic strength by volume of the wine
covered by delivery contracts.
(58) Time limits should be set for payment of aid to distillers by the
intervention agencies. It should also be possible for the aid to bepaid to distillers in advance. A system of securities is needed toensure that the intervention agency is not exposed to unjustified
risks.
(59) In the case of distillation under Articles 27 and 28 of Regulation
(EC) No 1493/1999, experience has shown that it is not alwayseasy for producers to calculate exactly the quantities of productsthey are required to deliver to meet their obligation. Where
producers have delivered almost all the quantities required by the
expiry of the period for delivery and have only to make someminor adjustments, the penalty imposed should not be out ofproportion to the infringement committed. Such producers shouldtherefore be deemed to have fulfilled their obligations within the
time limits, provided they deliver the quantities outstanding in
due course.
(60) Distillation under Articles 27 and 28 of Regulation (EC) No 1493/1999 plays a vital role in achieving balance on the market in tablewine and indirectly helps to adjust wine-growing potential to
requirements. Compulsory distillation must therefore be enforced
very strictly and all persons subject to the obligation to distil mustactually deliver the required quantities for distillation. In somecases exclusion from intervention measures has not been asufficient incentive to ensure that persons subject to compulsorydistillation fulfil their obligations. Additional Community
measures are therefore needed for producers who fail to fulfil
their obligations within the time allowed but who do fulfil thembefore another date to be specified.
(61) The various wine distillation operations may yield neutral alcohol
as defined in the Annex to this Regulation, on the basis of criteria
relating to its composition. Community methods of analysisshould be adopted to ensure that these criteria are complied with.
(62) These methods must be compulsory for all commercial transac-tions and verification procedures. In view of the trade's limited
facilities, a small number of usual procedures should be allowed
so that the requisite factors can be determined rapidly and withreasonable accuracy.
(63) The Community methods of analysis should be generallyrecognised methods and should be uniformly applied.
(64) In order to ensure that the results obtained by applying theanalytical methods referred to in Regulation (EC) No 1493/1999are comparable, the terms relating to the repeatability andreproducibility of results obtained using these methods shouldbe defined.
(65) The buying-in price of wine deliveries should apply ex distiller'spremises. In certain cases, transport is provided by the distiller forpractical reasons. In order not to disturb this practice, which isoften necessary, the transport costs should be deducted from thebuying-in price in such cases.2000R1623 — EN — 25.08.2001 — 004.001 — 7
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(66) The obligation to distil represents a considerable constraint for
isolated producers who make only a small quantity of wine. The
costs such producers would incur in transporting their grape marcand wine lees for distillation would be out of all proportion to thereturn which they could hope to obtain on the alcohol distilledfrom them. They should therefore be permitted not to makedelivery.
(67) For that part of their wine production actually delivered for
distillation under Article 28 of Regulation (EC) No 1493/1999,
producers should be required to deliver only by-products of wine-making for distillation under Article 27 of that Regulation.
(68) The obligation to distil by-products is a disproportionateconstraint for some producers of small quantities in certainwine-growing areas. At the request of their Member State, suchproducers should be allowed to have their by-products withdrawn
under supervision instead of delivering them for distillation.
(69) Producers who deliver their marc for the manufacture of
oenocyanin generally supply unfermented grape marc. Theprocess by which oenocyanin is extracted from such marc makesthe marc unsuitable for fermentation and distillation thereafter.Those producers should therefore be exempted from the
obligation to distil in proportion to the quantity of grape marc
they supply for such manufacture.
(70) When wine delivered for distillation is used to manufacture winevinegar, the volume of alcohol delivered to intervention agenciesis likely to be reduced. Producers should therefore be releasedfrom their obligation to distil where they deliver to the vinegarindustry the wine which would otherwise be necessary to make up
the quantity for compulsory distillation.
(71) Where the by-products of wine-making are withdrawn under
supervision under Article 27(7) and (8) of Regulation (EC)No 1493/1999, all such by-products must have been withdrawn bythe end of the wine year in which they were produced. To thisend, an appropriate monitoring system is needed, which will notresult in disproportionately high administrative costs, particularly
in Member States whose wine production is very low.
(72) Administration of the proof that marc, wine lees and wine have
been delivered to a distiller should distinguish between whetherthe distiller is established in the same Member State as theproducer or in another Member State.
(73) Under Article 27(11) and Article 28(5) of Regulation (EC)No 1493/1999, distillers may opt either to receive aid for theproduct to be distilled or to deliver the product obtained by
distillation to the intervention agency. The amount of aid should
be fixed on the basis of the market price for the various productswhich may be obtained by distillation.
(74) To qualify for the aid, the parties concerned must submit anapplication together with certain supporting documents. The typeand number of documents required must reflect the differences
between wine and wine lees on the one hand and grape marc on
the other. To ensure that the system operates uniformly in allMember States, applications should be lodged and aid paid todistillers within time limits to be laid down. Some proportionalallowance should be made for distillers who, although they havemet their principal obligations, are late in furnishing proof
thereof.
(75) When fixing the price to be paid by the intervention agencies for
the products delivered to them, account should be taken of theaverage cost of transporting and distilling the products concerned.
(76) A single standard price should be fixed for products delivered tointervention agencies in connection with distillation underArticle 27 of Regulation (EC) No 1493/1999, irrespective of theorigin of the raw materials.2000R1623 — EN — 25.08.2001 — 004.001 — 8
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(77) In some regions of the Community, the relation between the
quantities of marc and those of wine and wine lees is such that the
average distillation costs differ from those used to calculate thestandard price. This situation makes it, or can make it,economically impossible in some of these regions to achievethe objective sought through the compulsory distillation of the by-products of wine-making. Prices differentiated according to the
raw material of the product obtained by distillation should
therefore be fixed at the same time as the standard price, whileleaving it to the Member States to decide whether suchdifferentiated prices should be applied in regions where applica-tion of the standard price would lead to the difficulties referred to
above.
(78) Recourse to this option must not increase the expenditure incurred
by the intervention agency and, hence, by the EAGGF. The prices
differentiated according to the origin of the alcohol should
therefore be correlated with the standard price in such a way thatthe weighted average of the former does not exceed the standardprice.
(79) In the absence of an organised Community market in ethylalcohol, the intervention agencies responsible for marketing thealcohol which they are obliged to take over following distillationunder Articles 27 and 28 of Regulation (EC) No 1493/1999 mustresell it at less than the buying-in price. The difference between
the buying-in price and the selling price for such alcohol should
be borne, at a standard rate, by the European AgriculturalGuidance and Guarantee Fund (EAGGF) Guarantee Section.
(80) Article 29 of Regulation (EC) No 1493/1999 provides fordistillation to support the wine market and, as a consequence,to facilitate the continuation of supplies of wine distillate to partsof the potable alcohol sector. To take end-of-the-year surplusesinto account, the measure should come into effect from
1 September each marketing year.
(81) Since the Commission is responsible for organising the sale of
certain wine alcohols, it needs more detailed knowledge of the
transactions carried out on the alcohol market. The information
that the Member States send the Commission about alcohol fromcompulsory distillation should therefore be extended to coveralcohol from voluntary distillation held by the interventionagencies.
(82) The required characteristics of products that may be delivered fordistillation should be specified in greater detail.
(83) Products entering distilleries should be physically checked usingprocedures that ensure adequate representativeness.
(84) The consequences to be incurred by producers who fail to complywith their obligations must be specified. However, the Commis-sion should adopt rules on the entitlement to aid of distillers whofail to comply with certain administrative time limits, in particularto take account of the proportionality principle.
(85) Rules are needed to cover cases of force majeure which may
prevent distillation from taking place as planned.
(86) To ensure that distillation operations are adequately supervised,distillers should be subject to a system of approval.
(87) To take account of the actual situation on the market in wine fordistillation, both distillers and makers of fortified wine should beallowed to fortify such wine for distillation and the overallarrangements should be adjusted accordingly.
(88) Member States should be able to restrict the places at which winemay be fortified for distillation so as to ensure the mostappropriate form of supervision.
(89) Detailed rules are needed for payment of the buying-in price forthe wine, payment of aid to makers of fortified wine, payment ofthe aid in advance, and the lodging and release of securities.2000R1623 — EN — 25.08.2001 — 004.001 — 9
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(90) Since the addition of an indicator to wine for distillation is an
effective method of supervision, it should be stipulated that the
presence of such an indicator may not prevent free movement ofsuch wine or of products obtained therefrom.
(91) To take account of the way in which products are transported todistilleries in some Member States, particularly where smallquantities are involved, Member States should be authorised toallow them to be transported in bulk.
(92) In the case provided for in Article 32 of Regulation (EC) No 1493/1999, for some types of distillation the buying-in price for wineshould be reduced where producers have increased the alcoholicstrength by adding sucrose or concentrated grape must for whichthey have either received or applied for aid under Article 34 of
that Regulation.
(93) It is very difficult to link the increase in alcoholic strength
obtained by each producer to the wine delivered for distillation.
Determining exactly the economic advantage accruing to each
producer would therefore require an excessive amount ofadministrative work liable to delay payment of the aid and affectthe whole intervention system. The buying-in price shouldtherefore be reduced on the basis of the average increase in the
natural alcoholic strength in each wine-growing zone. To avoid
the excessive amount of administrative work needed to verify theincrease in alcoholic strength for each producer, the buying-inprice for such wine delivered for distillation should be reduced bya fixed amount for each zone or zone division.
(94) It is only fair that producers should receive the full price if theyhave not increased the alcoholic strength of any part of their tablewine by adding either sucrose or concentrated grape must forwhich they have received aid under Article 34 of Regulation (EC)
No 1493/1999. Moreover, producers who have increased the
alcoholic strength of less of their production than they deliver fordistillation should be paid the full price for the difference betweenthe quantity enriched and the quantity delivered.
(95) The aid for the product obtained by distillation and the price ofthe products taken over by the intervention agency in connectionwith distillation under Article 28 of Regulation (EC) No 1493/1999 must be adjusted to take account of the reduction in the
buying-in price for the wine.
(96) One feature of the Community market for alcohol is the existence
of stocks resulting from intervention under Articles 27, 28 and 30
of Regulation (EC) No 1493/1999 (1).
(97) Specific detailed rules are needed for such tendering procedures
to ensure that all purchasers are treated equally.
(98) These stocks of alcohol may be disposed of by three differenttypes of tendering procedure, depending on the use anddestination for which the alcohol is intended and the quantities
of alcohol at 100 % vol. to be disposed of.
(99) Since the aim of tendering procedures is to obtain the most
favourable price, where the Commission decides to sell following
a tendering procedure the sale must be awarded to the tenderer
offering the highest price. Rules are also needed for cases whereseveral tenders for the same lot offer the same price.
(100) Tenders for up to 5 000 hectolitres should be admissible, oncertain conditions, so that new uses devised for alcohol can betested at intermediate industrial scale, thereby helping to developoutlets in the longer term for significant quantities of Communityalcohol without disrupting the market in spirit drinks.2000R1623 — EN — 25.08.2001 — 004.001 — 10
(1) Recitals 98 to 124: see the recitals of Regulation (EEC) No 377/93.
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(101) It is necessary to determine which forms of processing into goods
exported under inward processing arrangements may be consid-
ered equivalent to real industrial uses.
(102) In order to ensure that alcohol sold under such tenderingprocedures is actually used for purposes not likely to disruptthe market in alcohol, tenders must give a precise indication ofthe intended use.
(103) Tenderers should be allowed to submit only one tender per type ofalcohol, type of end use and tendering procedure. The legalconsequences for tenderers who submit more than one tender
should also be specified.
(104) In order not to affect competition with products which the alcoholmay replace, the Commission should be free to award no
quantities on the basis of tenders received.
(105) So that sales can be awarded in response to the greatest possiblenumber of tenders submitted where the proposed prices aredeemed satisfactory and the proposed end uses are suitable fordeveloping new industrial outlets for the product, it should bepossible, within certain limits, for tenderers who have submitted
such tenders to be awarded a replacement lot. Such a procedure is
likely to increase sales of Community alcohol and thus reducestocks which must otherwise be managed at a high cost to thebudget.
(106) Irrespective of the margin of tolerance on the overall quantity ofalcohol put up for sale by tender, the price to be paid before aremoval order is issued should be calculated on the basis of a
quantity of alcohol at 100 % vol., determined to the nearest
hectolitre.
(107) Regular tendering procedures should be held for export of thealcohol awarded to the countries of the Caribbean area for finaluse in the fuel sector so as to give these countries greatercontinuity of supply. Experience shows that this outlet is mostunlikely to disrupt the market and affords a major market
opportunity.
(108) The size of the lots put up for sale by tender for export to the
Caribbean countries should be linked to normal sea transportcapacity, thereby reducing the cost to the traders concerned ofproviding performance guarantees. The time limits laid down forremoving the alcohol awarded should be adjusted accordingly.
(109) Public sales of wine alcohol for use as fuel within the Communityshould be subject to certain conditions so as to provideundertakings with supplies to some extent and take account of
the cost of the investment in processing plant needed for that
particular use, without, however, preventing the alcohol put up forsale from being physically moved.
(110) It should be specified that public sales of this type should involveseveral lots of alcohol where large quantities are set aside for suchpublic sales and that the alcohol in the vats concerned can nolonger be physically moved until a removal order has been issued
for it.
(111) In the case of sale by tender or public sale for use as fuel, since
physical removal and processing of the alcohol must take placeover a period of several years, the price per hectolitre of alcoholat 100 % vol. offered by the successful tenderer should beadjusted every three months by applying a coefficient indicated inthe relevant notice of invitation to tender, so that the prices to be
paid for the alcohol awarded more closely follow the fluctuation
of fuel prices on international markets.
(112) In view of the size of some of the vats in which part of the alcoholobtained by compulsory distillation is stored and the considerablelength of time that some of this alcohol remains in storage, it isimpossible in practice to know exactly what quantity of market-able alcohol is contained in certain storage vats.2000R1623 — EN — 25.08.2001 — 004.001 — 11
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(113) This being the case, any tendering procedure ultimately found to
relate to a quantity of marketed alcohol amounting to between 99
and 101 % of the quantity of alcohol originally put up for saleshould be deemed to have been executed.
(114) Tenderers' statements waiving all claims in respect of the qualityand characteristics of the alcohol awarded to them should notextend to hidden defects that by their nature could not be detectedby them beforehand and that make the alcohol unfit for the useintended.
(115) Alcohol reserved for certain sales by tender should be denatured
where appropriate to prevent it from being used for other
purposes. The quantity of alcohol awarded in such cases shouldbe denatured by adding petrol.
(116) A system of securities should be introduced to ensure thattendering procedures are properly conducted and that the alcoholis in fact used for the purpose specified in the relevant invitationto tender. Securities should be set at a level which will prevent
any utilisation contrary to the objectives of the tendering
procedure that might cause a disturbance on the market inalcohol and spirit drinks produced in the Community inaccordance with Article 31 of Regulation (EC) No 1493/1999.The rules laid down in Commission Regulation (EEC) No 2220/85 of 22 July 1985 laying down common detailed rules for the
application of the system of securities for agricultural products,
which also covers wine, should be taken into account. Theprimary requirements of the obligations subject to a securityshould therefore be specified.
(117) Losses may occur when alcohol is being transported by land andsea and processed prior to final use. Account should be taken ofthe relevant technical standards to evaluate changes in the volume
of alcohol recorded on loading and unloading and a specific
tolerance limit should be set for each category of loss.
(118) An overall tolerance limit should be set for losses of alcohol dueto multiple land and sea transport operations in connection with atendering procedure for the export of alcohol to be processed inthe third countries covered by this Regulation. A higher tolerancelimit should also be set for alcohol losses due to processing
operations in such third countries by comparison with similar
operations in the Community to take account of operational,climatic and other conditions and the fact that some equipment isless efficient in some third countries.
(119) Penalties should be applied for losses exceeding the set tolerancelimits by withholding a standard amount of the performanceguarantee covering the cost price of the alcohol delivered to theintervention agency in connection with distillation under Articles
27, 28 and 30 of Regulation (EC) No 1493/1999. Part of the
performance guarantee should be released only after thesuccessful tenderer has produced evidence concerning all thelosses relating to the tender concerned so that the amount ofguarantee available is sufficient to penalise such illegal losses of
alcohol.
(120) Some end uses intended for alcohol covered by a tenderingprocedure require all or some of the alcohol awarded to be
processed into rectified alcohol. Some of the intended uses for thealcohol sold require prior rectification or dehydration that alsoproduces foul-tasting alcohol unsuitable for the uses initiallyintended for these tendering procedures. This being the case, the
conditions on which performance guarantees can be released
should be amended.
(121) The checks made to verify whether the alcohol is used for thepurposes specified in the relevant invitations to tender shouldinclude at least checks equivalent to those applied to themonitoring of Community-produced alcohol. For the purposesof checks on certain uses or destinations, an internationalsurveillance firm may be used to verify whether the contract2000R1623 — EN — 25.08.2001 — 004.001 — 12
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awarded is duly fulfilled. In line with the strengthening and
development of the internal market, physical checks should beconducted at the place of departure or destination of alcohol
transport operations.
(122) The measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for Wine,
HAS ADOPTED THIS REGULATION:
Article 1
Purpose
Title III of Regulation (EC) No 1493/1999 and this Regulation lay down
the Community rules applicable to market mechanisms in the winesector.
This Regulation lays down the detailed rules for applying Regulation
(EC) No 1493/1999 in particular regarding aid for the use of grapes,grape must and concentrated grape must (Title I), private storage aid
(Title II) and distillation (Title III).
Article 2
General provisions
1. Member States may rule that operators starting up their activities
for the first time during a given wine year are entitled to aid under thisRegulation only for products resulting from the processing of their own
grape production.
2. Without prejudice to Article 30 of this Regulation, operators who
were subject to the obligations laid down in Articles 27 and 28 of
Regulation (EC) No 1493/1999 during the previous wine year shall be
eligible for the measures provided for in this Regulation only where theyprovide evidence that they fulfilled their obligations regarding deliveryor withdrawal under supervision during the wine year concerned.
For the 2000/01 wine year, the obligations referred to in the first
subparagraph shall be those laid down in Articles 35 and 36 of
Regulation (EEC) No 822/87.
TITLEI
AID FOR THE USE OF GRAPES, GRAPE MUST, CONCEN-TRATED GRAPE MUST OR RECTIFIED CONCENTRATED
GRAPEMUST
CHAPTER I
MANUFACTUREOFGRAPEJUICE
Article 3
Purposeoftheaid
1. This Chapter lays down the detailed rules for applying the aid
scheme introduced by Article 35(1)(a) of Regulation (EC) No 1493/
1999. The aid shall be granted to processors:
(a) who are themselves producers or groups of producers and who
process or have processed on their behalf the grapes they have
harvested, and grape must and concentrated grape must obtainedentirely from their own grape crop, into grape juice or othercomestible products manufactured from such grape juice, or
(b) who purchase from producers or groups of producers, either directly
or indirectly, grapes produced in the Community and grape must orconcentrated grape must, for the purpose of processing them into2000R1623 — EN — 25.08.2001 — 004.001 — 13
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grape juice or other comestible products manufactured from such
grape juice.
The raw materials used must have been obtained exclusively from
grapes produced in the Community.
2. At the time it is used to manufacture comestible products, the
grape juice must comply with Council Directive 93/77/EEC.
Article 4
Amountoftheaid
Aid for the use of grapes, grape must and concentrated grape must under
Article 35 of Regulation (EC) No 1493/1999 shall be fixed at the
following rates:
(a) Grapes (per 100 kilograms): EUR 4.952
(b) Grape must (per hectolitre): EUR 6.193
(c) Concentrated grape must (per hectolitre): EUR 21.655
Article 5
Technicalrequirementsforprocessing
The products referred to in Article 4(1) of this Regulation must be of
sound and fair merchantable quality and suitable for processing intogrape juice. The grape must and the must obtained from the grapes usedmust have a density at 20 ºC of between 1.055 and 1.100 grams per
cubic centimetre.
Article 6
Administrativerulesapplicabletoprocessors
1. Processors who undertake processing operations throughout the
wine year and who wish to receive aid under Article 35(1)(a) ofRegulation (EC) No 1493/1999 shall submit a schedule to the competentauthority of the Member State in which processing takes place beforethe beginning of the wine year or, where they are manufacturing grape
juice for the first time, before beginning such manufacture. The schedule
shall include at least the following information:
(a) their name or trade name and address;
(b) the following technical information:
(i) the type of raw materials (grapes, grape must or concentrated
grape must),
(ii) the place where the grape must and concentrated grape must
intended for processing is stored,
(iii) the place where processing is to be carried out.
The Member States may require quarterly statements and further
information for inspection purposes.
2. Processors who carry out processing operations on specified dates
and who wish to receive aid under Article 35(1)(a) of Regulation (EC)No 1493/1999 shall submit a written statement to the competent
authority, at least three working days before the beginning of those
operations, containing in particular:
(a) the information required under (a) and (b) in paragraph 1 of this
Article,
(b) the wine-growing zone in which the raw materials were obtained, in
accordance with the classification in Annex III to Regulation (EC)No 1493/1999,
(c) the following technical information:
(i) the quantity (in 100 kilograms of grapes or hectolitres of grape
must or concentrated grape must),
(ii) the density, in the case of grape must and concentrated grape
must,2000R1623 — EN — 25.08.2001 — 004.001 — 14
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(iii) the date of commencement and the probable duration of
processing operations.
The statement shall relate to a minimum quantity of:
(a) 1 300 kg for grapes,
(b) 10 hectolitres for grape must,
(c) 3 hectolitres for concentrated must.
The Member States may require further information with a view to
identifying the product.
3. Processors who use no more than 50 tonnes of grapes, 800 hl of
grape must or 150 hl of concentrated grape must each wine year to
produce grape juice shall submit a statement to the competent authoritiesat the beginning of the wine year containing the information requiredunder (a) and (b) of paragraph 1 of this Article. They shall not berequired to submit the other statements referred to in paragraphs 1 and 2
of this Article.
4. The statements and schedules referred to in paragraphs 1, 2 and 3
shall be submitted in at least two copies, at least one of which shall bereturned, duly stamped by the competent authority, to the processor.
5. Processors shall keep stock accounts showing in particular the
following information taken from accompanying documents or theregisters referred to in Article 70 of Regulation (EC) No 1493/1999:
(a) the quantities, density and wine-growing zone of origin of the raw
materials entering their premises each day and, where applicable, the
name and address of the seller(s),
(b) the quantities and density of raw materials used each day,
(c) the quantities of grape juice obtained each day after processing,
(d) the quantities of grape juice leaving their premises each day and the
name and address of the consignee(s).
Where processors themselves carry out one of the operations referred to
in Article 7(1) of this Regulation in their juice-manufacturing premises,
possibly mixing the juice with other products, the information referredto in (d) in the preceding subparagraph shall not be required. In suchcases, the stock accounts shall show in addition the quantities of grapejuice packaged each day.
6. The supporting documents relating to the stock accounts referred
to in paragraph 5 shall be made available to the inspection authorities onthe occasion of any checks.
Article 7
Administrativerulesapplicabletousers
1. For the purposes of this Article, ‘user’ means all operators other
than grape-juice processors who carry out any of the followingoperations: bottling, packaging or presenting, preparing comestible
products by mixing grape juices with other products or storing with a
view to sale to one or more undertakings responsible for carrying out theoperations referred to above.
2. Where processors do not themselves carry out the operations
referred to in paragraph 1, they shall indicate in the accompanying
document referred to in Article 70(1) of Regulation (EC) No 1493/1999
whether they have already submitted or intend to submit an applicationfor aid to manufacture grape juice under this Regulation.
3. Where processors dispatch the grape juice to a user within the
Community intending to store it prior to bottling or use in the
manufacture of other comestible products,
(a) the storage undertaking shall send the document accompanying the
grape juice to the competent authority at the place of unloading notlater than 15 days after receiving the product,2000R1623 — EN — 25.08.2001 — 004.001 — 15
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(b) the competent authority shall stamp the accompanying document
referred to in point (a) only after verifying that a quantity at leastequivalent to that of the consignment concerned has been
dispatched, with an appropriate accompanying document, to a
bottler or an undertaking manufacturing comestible productscovered by this Regulation, and has been received by that user.
If the requirements set out in point (b) have been fulfilled and once the
accompanying document has been received, the competent authority atthe place of unloading shall return the copy of the accompanyingdocument referred to in point (a), duly stamped, to the processor/
consignor of the grape juice concerned.
4. Where processors dispatch the grape juice to a user within the
Community intending to bottle it, the latter shall forward a copy of the
accompanying document to the competent authority of the place of
unloading not later than 15 days after receiving the product.
Not later than 30 days after receiving the copy of the accompanying
document, the competent authority at the place of unloading shall returnit, duly stamped, to the processor/consignor of the grape juiceconcerned.
However, where processors or users intending to bottle the juice so
request, the competent authority or authorised department at the place ofunloading shall return the copy of the accompanying document, dulystamped, direct to them.
5. Where processors dispatch the grape juice to a user within the
Community manufacturing other comestible products made with this
juice,
(a) the manufacturer of these products shall send the document
accompanying the grape juice to the competent authority not later
than 15 days after receiving the product,
(b) the competent authority shall stamp the accompanying document
referred to in point (a) only if it has sufficient assurance that thegrape juice is actually intended for the manufacture of thecomestible products concerned.
Provided such assurance exists, the competent authority at the place of
unloading shall return the copy of the accompanying document referred
to in this paragraph, duly stamped, to the processor/consignor of the
grape juice concerned not later than 30 days after receiving it.
6. In the cases covered by this Article, users shall keep stock accounts
showing in particular:
(a) the quantities of unpackaged grape juice entering their premises
each day and the name and address of the consignor/processor,
(b) the quantities of unpackaged grape juice leaving their premises each
day and the name and address of the consignee(s).
(c) the quantities of grape juice and/or grape juice mixed with other
products packaged each day, indicating the quantity of grape juice
used to manufacture the products concerned.
7. The supporting documents relating to the stock accounts referred
to in paragraph 7 of this Article shall be made available to the inspection
authorities on the occasion of any checks.
Article 8
Aidapplications
1. In order to qualify for the aid, processors covered by Article 6(1)
of this Regulation shall submit one or more applications for aid to thecompetent authority, no more than six months after the end of the wineyear, together with:
(a) a copy of the annual or quarterly statements in their possession or a
summary thereof,2000R1623 — EN — 25.08.2001 — 004.001 — 16
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(b) a copy or summary of the stock accounts referred to in Article 6(5)
of this Regulation. The Member States may require such copies andsummaries to be stamped by an authority responsible for inspec-
tions.
2. In order to qualify for the aid, processors covered by Article 6(2)
of this Regulation shall submit an application for aid to the competentauthority no more than six months after completing the processing
operations, together with:
(a) a copy of the statement in their possession,
(b) a copy or summary of the stock accounts referred to in Article 6(5).
The Member States may require such copies and summaries to bestamped by an authority responsible for inspections,
(c) a copy of the document accompanying the transport of the raw
materials to the processor's premises, or a summary thereof. TheMember States may require such copies and summaries to be
stamped by an authority responsible for inspections.
Aid applications shall state the quantity of raw materials actually
processed and the day on which the processing operations werecompleted.
3. In addition, within six months of the date on which the stamp
provided for in Article 7 of this Regulation is affixed or the date ofexport of the grape juice, the processors concerned shall submit, as thecase may be:
(a) the copy of the accompanying document stamped by the competent
authority provided for in Article 7,
(b) a copy of the accompanying document bearing a customs stamp
certifying export.
4. All the documents required in order to qualify for the aid must be
submitted no more than six months after submission of the aid
application. If they are submitted during the six months following thatdeadline, the aid shall be reduced by 30 %. Beyond that date, no aidshall be paid.
Article 9
Conditionsforgrantingtheaid
1. Except in cases of forcemajeure , the aid shall be due only for the
quantity of raw materials actually used, not exceeding the following
ratio between the product used and the grape juice obtained:
(a) 1.3 for grapes, in 100 kg per hectolitre,
(b) 1.05 for must, in hectolitres per hectolitre,
(c) 0.30 for concentrated must, in hectolitres per hectolitre.
Where the product obtained is concentrated grape juice, those ratios
shall be multiplied by 5.
2. Except in cases of forcemajeure , if processors fail to fulfil one of
the obligations devolving on them under this Regulation other than theobligation to process the raw materials covered by their aid applicationsinto grape juice, the aid to be paid shall be reduced by an amount fixedby the competent authority depending on the seriousness of the
infringement.
3. In cases of forcemajeure , the competent authority shall determine
the measures which it considers necessary having regard to thecircumstances invoked.2000R1623 — EN — 25.08.2001 — 004.001 — 17
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Article 10
Paymentoftheaid
The competent authority shall pay the aid for the quantity of raw
materials actually processed no more than three months after receiving
all the supporting documents referred to in Article 8, except:
— in cases of force majeure ,
— where administrative inquiries have been initiated concerning
entitlement to the aid. In such cases, payment shall be made onlywhen the applicant has been recognised as entitled to the aid.
Article 11
Advancepayments
1. Processors may request that an amount equal to the aid calculated
for the raw materials be paid to them in advance provided that theyprovide evidence that the raw materials have entered their premises andthey have lodged a security in favour of the intervention agency. Thatsecurity shall be equal to 120 % of the said amount. In such cases, thesupporting documents referred to in Article 8 need not be submitted at
this stage.
Where processors make several applications for aid under this
Regulation, the competent authority or the department authorised forthe purpose may allow them to lodge a single security. In such cases, thesecurity shall correspond to 120 % of all the amounts calculated inaccordance with the first subparagraph.
2. Advances as referred to in paragraph 1 shall be paid within three
months of the presentation of proof that the security has been lodged.However, no advances shall be paid before 1 January of the wine yearconcerned.
3. After the competent authority or authorised department has
checked all the documents referred to in Article 8 of this Regulation,
the security referred to in paragraph 1 shall be released in whole or in
part, as the case may be, in accordance with the procedure laid down inArticle 19 of Commission Regulation (EEC) No 2220/85. Except incases offorce majeure , the security shall be forfeit where the quantity
used is less than 95 % of the quantity for which the advance was paid.
Where the quantity used is less than 95 % of the quantity for which the
advance was paid, the processor shall continue to be entitled to aid for
the quantity actually processed.
Where the quantity used is between 95 and 99,9 % of the quantity for
which the advance was paid, the security shall be forfeit only for thequantity not processed during the wine year.
CHAPTER II
AID FOR MUST USED TO INCREASETHE ALCOHOLIC STRENGTH
OFWINEPRODUCTS
Article 12
Purposeoftheaid
1. Aid as referred to in Article 34(1) of Regulation (EC) No 1493/
1999 shall be granted to producers of table wines or quality wines
produced in specified regions (quality wines psr) who use concentratedgrape must and rectified concentrated grape must produced in theCommunity to increase the natural alcoholic strength by volume of theproducts referred to in Annex V(C) to Regulation (EC) No 1493/1999.
2. Notwithstanding paragraph 1, in the case of quantities of ten
hectolitres or less per wine year, the Member States may decide to grant
the aid to producers of concentrated grape must and rectifiedconcentrated grape must when the purchasers are individual wine-growers using the product exclusively for enriching their ownproduction.2000R1623 — EN — 25.08.2001 — 004.001 — 18
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The Member States shall adopt detailed rules for applying this measure
and notify the Commission thereof.
Article 13
Amountoftheaid
1. The amount of the aid referred to in Article 34(1) of Regulation
(EC) No 1493/1999 shall be fixed as follows, by potential alcoholic
strength by volume (% vol.) per hectolitre, for the following categories
of products:
(a) Concentrated grape must from grapes harvested:
— in wine-growing zones C III (a) and C III EUR 1.699/% vol./hl
— elsewhere EUR 1.466/% vol./hl
(b) Rectified concentrated grape must from grapes harvested:
— in wine-growing zones C III (a) and C III EUR 2.206/% vol./hl
— elsewhere EUR 1.955/% vol./hl
However, for wine years 2000/01, 2001/2002 and 2002/03 for rectified
concentrated musts obtained from grapes harvested elsewhere than in
wine-growing zones C III (a) and C III (b) and produced in
establishments that began production of rectified concentrated mustsbefore 1 January 1986 in Spain or before 30 June 1982 elsewhere, theamount shall be that laid down for products of wine-growing zones C III.
2. The potential alcoholic strength of the products listed in paragraph
1 shall be determined by applying the figures in the table of equivalencein Annex I hereto to the readings at 20 ºC from a refractometer used inaccordance with the method laid down in Annex XVIII to Regulation
(EC) No …./2000 establishing a Community code of oenological
practices and processes.
Article 14
Aidapplications
Producers wishing to receive the aid provided for in Article 34(1) of
Regulation (EC) No 1493/1999 shall submit an application to thecompetent intervention agency covering all operations to increasealcoholic strength to which that Article applies. Applications must reachthe intervention agency within two months of the date on which the last
operation was carried out.
Applications shall be accompanied by the documents relating to the
operations for which aid is requested.
Article 15
Conditionsforgrantingtheaid
1. Except in cases of force majeure , no aid shall be payable if the
producer does not carry out the operation referred to in Article 34(1) of
Regulation (EC) No 1493/1999 in accordance with Annex V(C) and (D)to that Regulation.
2. Except in cases of force majeure , where producers fail to comply
with any of the requirements of this Regulation other than that referredto in paragraph 1, the aid payable shall be reduced by an amount to befixed by the competent authority depending on the seriousness of theinfringement.
3. In cases of forcemajeure , the competent authority shall determine
the measures which it deems necessary in view of the circumstancesinvoked.2000R1623 — EN — 25.08.2001 — 004.001 — 19
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Article 16
Paymentoftheaid
The intervention agency shall pay the aid to producers before 31 August
following the end of the wine year concerned, except:
(a) in cases of force majeure ,
(b) where administrative inquiries have been initiated concerning
entitlement to the aid. In such cases, payment shall be made only
when the applicant has been recognised as entitled to the aid.
Article 17
Advancepayments
1. From 1 January of the wine year concerned, producers may request
that an amount equal to the aid calculated for the products used toincrease alcoholic strength be paid to them in advance provided that theyhave lodged a security in favour of the intervention agency. The securityshall be equal to 120 % of the aid applied for.
Applications shall be accompanied by such of the documents referred to
in the second paragraph of Article 14 as are available. The remainingdocuments shall be submitted before the end of the wine year.
2. The intervention agency shall pay advances within three months of
presentation of proof that the security has been lodged.
3. After the competent authority or the authorised department has
checked all the documents, and taking account of the amount to be paid,
the security shall be released in whole or in part, as the case may be, in
accordance with the procedure laid down in Article 19 of CommissionRegulation (EEC) No 2220/85.
CHAPTER III
AID FOR THE MANUFACTURE OF CERTAIN PRODUCTS IN THE
UNITEDKINGDOMANDINIRELAND
Article 18
Purposeandamountoftheaid
1. Aid as referred to in Article 35(1)(b) and (c) of Regulation (EC)
No 1493/1999 shall be granted:
(a) to manufacturers who use concentrated grape must obtained entirely
from grapes produced within wine-growing zones C III (a) and C III
(b) for the manufacture in the United Kingdom and Ireland ofproducts falling within CN code 2206 00 for which the use of acomposite name including the word ‘wine’ may be allowed by theseMember States under Annex VII(C)(3) to Regulation (EC) No 1493/1999, hereinafter called ‘manufacturers’. The amount of the aid shall
be EUR 0.2379 per kilogram;
(b) to operators who use concentrated grape must obtained entirely from
grapes produced in the Community as the main component in a set
of products which they market in the United Kingdom and Ireland,with clear instructions enabling the consumer to obtain therefrom abeverage in imitation of wine, hereinafter called ‘operators’. Theamount of the aid shall be EUR 0.3103 per kilogram.
2. To be eligible for aid, concentrated grape must shall be of sound,
fair and merchantable quality and suitable for use for the purposesreferred to in Article 35(1)(b) or (c) of Regulation (EC) No 1493/1999.
Article 19
Aidapplications
1. Manufacturers and operators wishing to receive aid as provided for
in Article 35(1)(b) or (c) of Regulation (EC) No 1493/1999 shall submita written application, between 1 August and 31 July of the wine year2000R1623 — EN — 25.08.2001 — 004.001 — 20
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concerned, to the competent authority of the Member State in which the
concentrated grape must is used.
Applications must be made at least seven working days before the
manufacturing operations begin.
However, the period of seven working days may be shortened where the
competent authority so authorises in writing.
2. Aid applications shall cover a minimum quantity of 50 kilograms
of concentrated grape must.
3. Aid applications shall show, in particular:
(a) the name or business name and the address of the manufacturer or
operator;
(b) the wine-growing zone from which the concentrated grape must
originates, as defined in Annex III to Regulation (EC) No 1493/
1999;
(c) the following technical information:
(i) the place of storage,
(ii) the quantity (in kilograms or, if the concentrated grape must
referred to in Article 35(1)(c) of Regulation (EC) No 1493/1999is put up in containers with contents not exceeding 5 kilograms,the number of containers),
(iii) the density,
(iv) the prices paid,
(v) the place where the operations referred to in Article 35(1)(b)
and (c) of Regulation (EC) No 1493/1999 are carried out.
The Member States may require additional information for the purpose
of identifying the concentrated grape must.
4. A copy of the accompanying document(s) covering transport of the
concentrated grape must to the manufacturer's or operator's premises,drawn up by the competent authority of the Member State, shall beattached to the aid application.
Column 8 of the document shall indicate the wine-growing zone where
the fresh grapes used were harvested.
Article 20
Conditionsforgrantingtheaid
1. Manufacturers and operators shall be bound to use the full quantity
of concentrated grape must covered by an aid application for thepurposes referred to in Article 35(1)(b) and (c) of Regulation (EC)
No 1493/1999. A shortfall of 10 % of the quantity of concentrated grape
must stated in the application shall be tolerated.
2. Manufacturers and operators shall keep stock accounts showing in
particular:
(a) the consignments of concentrated grape must purchased and brought
each day into their premises, together with the information indicatedin Article 19(2)(b) and (c) of this Regulation and the name and
address of the seller(s),
(b) the quantities of concentrated grape must used each day for the
purposes referred to in Article 35(1)(b) and (c) of Regulation (EC)
No 1493/1999,
(c) the consignments of finished products mentioned in Article 35(1)(b)
and (c) of Regulation (EC) No 1493/1999 produced and dispatchedeach day from their premises, together with the name and address ofthe consignee(s).
3. Manufacturers and operators shall inform the competent authority
in writing, within one month, of the date when all the concentrated grapemust covered by an aid application has been used for the purposesreferred to in Article 35(1)(b) and (c) of Regulation (EC) No 1493/1999,allowing for the shortfall provided for in paragraph 1 of this Article.2000R1623 — EN — 25.08.2001 — 004.001 — 21
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4. Except in cases of force majeure , no aid shall be payable where
manufacturers or operators fail to fulfil the requirement set out inparagraph 1 of this Article.
5. Except in cases of force majeure , where manufacturers or
operators fail to comply with any of the requirements of this Regulationother than that referred to in paragraph 1 of this Article, the aid payableshall be reduced by an amount to be fixed by the competent authoritydepending on the seriousness of the infringement.
6. In cases of forcemajeure , the competent authority shall determine
the measures which it deems necessary in view of the circumstances
invoked.
Article 21
Paymentoftheaid
The competent authority shall pay aid for the quantity of concentrated
grape must actually used not later than three months after receiving the
information referred to in Article 20(3) of this Regulation.
Article 22
Advancepayments
1. Manufacturers and operators as referred to in Article 18 of this
Regulation may apply for an amount equal to the aid to be paid inadvance provided they have lodged a security for 120 % of the saidamount in favour of the competent authority.
2. Advance payments as referred to in paragraph 1 shall be paid
within three months of presentation of proof that the security has been
lodged, provided that evidence is supplied that the concentrated grape
must has been paid for.
3. After the competent authority has received the information referred
to in Article 20(3) of this Regulation, and taking account of the amountof aid to be paid, the security referred to in paragraph 1 shall be releasedin whole or in part, as the case may be, in accordance with the procedure
laid down in Article 19 of Commission Regulation (EEC) No 2220/85.
TITLEII
PRIVATESTORAGEAID
Article 23
Purpose
This Title lays down the detailed rules for applying the storage aid
scheme referred to in Chapter I of Title III of Regulation (EC) No 1493/1999.
Article 24
Definitions
For the purposes of this Title, ‘products’ means grape must,
concentrated grape must, rectified concentrated grape must and tablewines, irrespective of the wine year in which they were produced.
Article 25
Amountoftheaid
Storage aid shall be payable throughout the Community at the following
standard rates per hectolitre per day:
(a) EUR 0.01837 for grape must;
(b) EUR 0.06152 for concentrated grape must;
(c) EUR 0.06152 for rectified concentrated grape must;
(d) EUR 0.01544 for table wines.2000R1623 — EN — 25.08.2001 — 004.001 — 22
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Article 26
Rulesapplicabletobeneficiaries
1. Intervention agencies shall conclude private storage contracts only
with producers.
For the purposes of this Title, ‘producer’ means any natural or legal
person or group of such persons which carries out, or has carried out ontheir behalf, any of the following operations:
(a) the processing of fresh grapes into grape must,
(b) the processing of grape must into concentrated grape must or
rectified concentrated grape must,
(c) the processing of fresh grapes, grape must or grape must in
fermentation into table wine.
The organisations referred to in Article 39 of Regulation (EC) No 1493/
1999 shall be treated as producers for the quantities obtained by theirmembers. The individual members delivering wine covered by a private
storage contract shall be responsible for fulfilling the obligations
referred to in Article 2 of this Regulation.
2. Producers may conclude contracts only for products:
— produced by them, or
— produced on their responsibility and which they own, or
— in the case of producer organisations as referred to in the third
subparagraph of paragraph 1, produced on the responsibility of their
members.
3. The intervention agency of a Member State may conclude
contracts only for products stored on the territory of that Member State.
4. Products may not simultaneously be the subject of both a private
storage contract and the arrangements referred to in Article 5(1) of
Council Regulation (EEC) No 565/80.
Article 27
Characteristics ofproductseligible foraid
When contracts are concluded:
(a) the grape musts concerned must have been obtained exclusively
from varieties classified as wine grapes in accordance with Article 19
of Regulation (EC) No 1493/1999 and may not have a natural
alcoholic strength by volume lower than the minimum naturalalcoholic strength laid down for the wine-growing zone in whichthey originate,
(b) table wines:
(i) must comply with the minimum quality requirements fixed in
Annex II to this Regulation for the category for which thecontract is concluded;
(ii) must have a reducing sugar content not greater than two grams
per litre, except in the case of table wines from Portugal, whichmust have a reducing sugar content not greater than four gramsper litre;
(iii) must display a satisfactory 24-hour exposure to air,
(iv) must be free of bad tastes.
(c) The radioactivity levels of the products referred to in Article 24 of
this Regulation may not exceed the maximum levels permitted underCommunity rules. However, the level of radioactive contaminationof products shall be monitored only if the situation so requires andonly during the period necessary.2000R1623 — EN — 25.08.2001 — 004.001 — 23
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Article 28
Quantitieseligible foraid
1. The total quantity of products for which producers conclude
storage contracts may not exceed the quantity stated in their productiondeclaration for the wine year concerned, submitted in accordance withArticle 18(1) of Regulation (EC) No 1493/1999, plus any quantities they
obtained after the date on which their declaration was submitted and
recorded in the registers referred to in Article 70 of Regulation (EC)No 1493/1999.
2. Contracts shall cover a minimum quantity of 50 hectolitres in the
case of table wine, 30 hectolitres in the case of grape must and 10hectolitres in the case of concentrated grape must and rectifiedconcentrated grape must.
Article 29
Conclusionofcontracts
1. Producers may conclude contracts provided they supply the
following information for each container in which the product concernedis stored:
(a) details enabling the product to be identified,
(b) the following analysis data:
(i) the colour,
(ii) the sulphur dioxide content,
(iii) the absence of hybrids, in the case of red products, as
demonstrated by analysis for malvidol diglucoside.
For grape must, concentrated grape must and rectified concentrated
grape must, the following information shall also be provided:
(c) the reading obtained at a temperature of 20 ºC with a refractometer
used in accordance with the method referred to in the Annex to
Commission Regulation (EEC) No 558/93. A disparity of 0.2 shallbe tolerated when the reading is checked by the authorities.
For table wine, the following analysis data shall also be provided:(d) the total alcoholic strength by volume,
(e) the actual alcoholic strength by volume,
(f) the total acidity, expressed in grams of tartaric acid per litre or in
milliequivalents per litre; however, Member States may waive this
requirement for white wines,
(g) the volatile acid content, expressed in grams of acetic acid per litre
or in milliequivalents per litre; however, Member States may waivethis requirement for white wines,
(h) the reducing sugar content,
(i) behaviour in air over 24 hours,
(j) the absence of bad tastes.
The above analysis data shall be established by an official laboratory as
referred to in Article 72 of Regulation (EC) No 1493/1999 within 30days before the contract is concluded.
2. The Member States may limit the number of contracts that a
producer can sign each wine year.
3. Contracts for table wines may not be concluded before the date of
the first racking of the wine concerned.
4. Producers wishing to conclude storage contracts for table wines
shall, when submitting their applications, advise the intervention agencyof the total quantity of table wine they have produced during the currentwine year.
To that end, they shall submit a copy of the production declaration(s)
provided for in Article 18(2) of Regulation (EC) No 1493/1999 and,2000R1623 — EN — 25.08.2001 — 004.001 — 24
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where applicable, of the registers referred to in Article 29 of this
Regulation. In cases where the declaration is not yet available, aprovisional attestation may be produced.
5. Without prejudice to Article 25(2) of Regulation (EC) No 1493/
1999, contracts shall contain at least:
(a) the name and address of the producers concerned,
(b) the name and address of the intervention agency,
(c) the type of product, classified as indicated in Article 25 of this
Regulation,
(d) the quantity,
(e) the place of storage,
(f) the first day of the storage period,
(g) the amount of aid in euros.
For table wine, contracts shall also include:
(h) a statement that the first racking has taken place,
(i) a clause to the effect that the volume may be reduced by a
percentage to be determined by the Commission in accordance withthe procedure laid down in Article 75 of Regulation (EC) No 1493/
1999 should the total volume covered by contracts significantly
exceed the average volumes covered in the last three wine years;such reduction may not reduce the quantities in storage below theminimum levels referred to in Article 28(2). Where this clause isapplied, the full amount of the aid due for the period prior to the
reduction shall remain payable.
6. The Member States may require further information with a view to
identifying the product concerned.
Article 30
DerogationfromArticle 2ofthisRegulation
The Member States may authorise the conclusion of contracts before
producers have supplied the evidence referred to in Article 2 of thisRegulation provided such contracts include a statement by producerscertifying that they have met the obligations referred to in that Article or
fulfil the requirement referred to in Article 58 of Title III of this
Regulation and that they undertake to deliver the remaining quantitiesneeded to comply fully with their obligations within the time limit laiddown by the competent national authority.
The evidence referred to in the first paragraph shall be supplied before
31 August of the wine year concerned.
Article 31
Beginningofthestorageperiod
1. The first day of the storage period shall be the day following the
date on which the contract is concluded.
2. However, if a contract relates to a storage period beginning after
the day following that on which it is concluded, the first day of the
storage period may not be later than 16 February.
Article 32
Endofthestorageperiod
1. Storage contracts for grape musts, concentrated grape musts and
rectified concentrated grape musts shall expire between 1 August and
30 November following the date of conclusion.
2. Storage contracts for table wines shall expire between 1 September
and 30 November following the date of conclusion.2000R1623 — EN — 25.08.2001 — 004.001 — 25
▼B
3. To determine the expiry date, producers shall send the intervention
agency a statement specifying the last day of validity of the contract.The Member States shall lay down the requirements for presenting these
statements.
In the absence of a statement, contracts shall expire on 30 November.
4. Producers who have not applied for an advance under Article 38 of
this Regulation may sell the grape must or concentrated grape must for
exportation or manufacture of grape juice from the first day of the fifth
month of storage.
In such cases, producers shall inform the intervention agency in
accordance with paragraph 3.
The intervention agencies shall ensure that the products are actually used
for the purpose stated.
Article 33
Earlyterminationofthecontractattherequestoftheproducer
1. Producers who have not applied for an advance under Article 38 of
this Regulation may terminate storage contracts as of 1 June providedthe Commission so authorises in the light of market trends, informationon stocks and harvest forecasts.
2. In addition, where the Commission decides to reduce the quantities
covered by contracts in accordance with Article 29(5)(i) of this
Regulation, producers may unilaterally terminate their contract wholly
or in part in the month following the publication of that decision.
Article 34
Detailedimplementingrulesrelatingtostorage
1. Throughout the storage period and until the last day of validity of
the contract, products in storage:
(a) must comply with the relevant definitions in Annex I to Regulation
(EC) No 1493/1999,
(b) must retain at least the minimum alcoholic strength required for the
category of table wine concerned at the time of conclusion of the
contract,
(c) may not be kept in containers of less than 50 litres capacity,
(d) must remain in bulk, and
(e) in the case of wine, must remain fit for offer or supply for direct
human consumption at the end of the storage period.
2. Without prejudice to Article 6, products under contract may
undergo only such oenological treatments and processes as are necessaryfor their preservation. Any variation in volume may not exceed 2 % of
the volume entered in the contract in the case of wine and 3 % in the
case of grape must. When there has been a change of vat, thesepercentages are increased by 1 point. Where these percentages are notexceeded for the contract as a whole, the full amount of the aid shallremain payable. Otherwise no aid shall be due.
3. Without prejudice to Article 33 of this Regulation, producers may
not sell or in any other way market the product under contract during theperiod of validity of the contract.
Notwithstanding the first subparagraph, producers may undertake, while
a contract is still valid, to send table wine covered by it for distillationunder Title III of this Regulation on expiry of the contract.
4. Producers shall inform the intervention agency in advance, within
a period to be laid down by the Member State concerned, of any change
during the contract period:
(a) in the place of storage, or2000R1623 — EN — 25.08.2001 — 004.001 — 26
▼B
(b) in the manner in which the product is put up. In such cases, they
shall indicate the containers in which the product is to bedefinitively stored.
5. Where producers intend to transport the product under contract to a
place of storage located elsewhere or to premises not belonging to them,the product may be transported only once the intervention agency,informed pursuant to paragraph 4, has authorised it.
6. Producers who have concluded private storage contracts for grape
must may process all or part of that must into concentrated grape mustor rectified concentrated grape must during the period of validity of their
contract.
Producers who have concluded private storage contracts for concen-
trated grape must may process all or part of that must into rectifiedconcentrated grape must during the period of validity of their contract.
Producers may have the processing operations referred to in the previous
two subparagraphs carried out by a third party provided that the saidproducers own the products obtained after processing and that they have
presented a prior declaration. The Member State concerned shall check
these operations.
7. The producers concerned shall inform the intervention agency in
writing of the date when the processing referred to in paragraph 6 of thisArticle is to commence, the place of storage and how the product is putup.
Such notification must reach the intervention agency at least 15 days
before the date of commencement of the processing operations.
Within one month of the day of completion of the processing operations,
producers shall send the intervention agency an analysis reportconcerning the product thus obtained, including as a minimum thedata required for the product concerned under Article 29 of thisRegulation.
8. Where the processing referred to in paragraph 6 is carried out, the
amount of storage aid for the product under contract shall be equal to:
(a) the amount referred to in Article 25(a) of this Regulation for the
processing referred to in the first subparagraph of paragraph 6,
(b) the amount referred to in Article 25(b) of this Regulation for the
processing referred to in the second subparagraph of paragraph 6.
The aid shall be calculated, for the entire storage period, on the basis of
the quantity of product covered by the contract before processing.
Article 35
Changesintheproductduringstorage
1. Should all or part of the product under contract cease to satisfy the
requirements of Article 34(1) of this Regulation during the period ofvalidity of the contract, the producer shall inform the interventionagency without delay. Such notification shall be supported by ananalysis report. The intervention agency shall terminate the contract for
the quantity concerned with effect from the date of the analysis report.
2. Should a check carried out by the intervention agency or any other
inspecting agency reveal that all or part of the product under contract hasceased to satisfy the conditions laid down in Article 34(1) of thisRegulation during the period of validity of the contract, the interventionagency shall terminate the contract for the quantity concerned on thedate that it determines.2000R1623 — EN — 25.08.2001 — 004.001 — 27
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Article 36
Conditionsforgrantingtheaid
1. Except in cases of force majeure ,
(a) where producers fail to fulfil their obligations under Article 34(1) to
(5) and (7) of this Regulation or refuse to submit to checks, no aidshall be payable;
(b) where producers fail to fulfil one of their obligations under this
Regulation or under the contract, other than those referred to in (a)above, the aid shall be reduced by an amount determined by the
competent authority depending on the seriousness of the infringe-
ment.
2. In cases where force majeure is recognised, the intervention
agency shall take such action as it considers necessary having regard tothe circumstances involved.
Article 37
Paymentoftheaid
1. The aid shall be paid not later than three months after the expiry
date of a contract, except:
(a) in cases of force majeure ,
(b) where administrative inquiries have been initiated concerning
entitlement to the aid. In such cases, payment shall be made only
when the applicant has been recognised as entitled to the aid.
2. In cases where a contract has been terminated in accordance with
Articles 33 or 36 of this Regulation, the aid payable shall be in
proportion to the actual duration of the contract. The aid shall be paidnot later than three months after the day on which the contract isterminated.
Article 38
Advancepayments
1. Producers who have concluded long-term storage contracts may
request that an amount equal to the aid calculated when the contract is
drawn up be paid to them in advance provided that they have lodged asecurity for 120 % of the said amount in favour of the interventionagency.
The advance shall be paid not later than three months after the date of
submission of proof that the security has been lodged.
The remaining balance shall be paid not later than three months after the
date of expiry of the contract.
2. Securities as referred to in paragraph 1 shall be lodged in the form
of a guarantee given by an institution meeting criteria laid down by theMember State to which the intervention agency belongs.
Securities shall be released once the balance of aid has been paid.Where entitlement to the aid is lost in accordance with Article 36(1)(a)
of this Regulation, the whole security shall be forfeit.
Where the application of Article 36(1)(b) of this Regulation results in an
aid amount that is lower than the sum already paid, the security shall bereduced by 120 % of the amount paid in excess of the aid due. Securitiesreduced in this way shall be released not later than three months after thedate of expiry of the contract.
3. The Member States shall make the necessary adjustments where
Article 29(5)(i) is applied.2000R1623 — EN — 25.08.2001 — 004.001 — 28
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Article 39
Qualitywines
A table wine which has been the subject of a storage contract may not
subsequently be recognised as a quality wine psr or used in making aquality wine psr, a quality sparkling wine psr, a quality liqueur wine psr
or a quality semi-sparkling wine psr as defined in Article 54(1) of
Regulation (EC) No 1493/1999.
TITLEIII
DISTILLATION
Introduction
Article 40
Purpose
This Title lays down the detailed rules applicable to distillation as
referred to in Chapter II of Title III of Regulation (EC) No 1493/1999.
Article 41
Definitions
1. For the purposes of this Title:
(a) ‘producer’ means:
(i) for the purposes of Chapter I of this Title: any natural or legal
person or group of such persons having produced wine fromfresh grapes, grape must or partially fermented grape must orfrom new wine still in fermentation, obtained personally orpurchased, or any natural or legal person or group of such
persons subject to the obligations referred to in Article 27 of
Regulation (EC) No 1493/1999;
(ii) for the purposes of Chapters II and III of this Title: any natural
or legal person or group of such persons having produced winefrom fresh grapes, grape must or partially fermented grape must,obtained personally or purchased;
(b) ‘distiller’ means any natural or legal person or group of such
persons:
(i) distilling wine, wine fortified for distillation or the by-products
of wine-making or of any other form of processing grapes, and
(ii) approved by the competent authorities in the Member State in
whose territory the distillation premises are located;
(c) ‘maker of wine fortified for distillation’ means any natural or legal
person or group of such persons, other than distillers:
(i) processing wine into wine fortified for distillation, and
(ii) approved by the competent authorities in the Member State in
whose territory the premises are located;
(d) ‘competent intervention agency’ means:
(i) for the purposes of receiving and approving contracts or
declarations relating to the delivery of wine for distillation andreceiving and approving contracts relating to the delivery ofwine for fortification, the intervention agency designated by theMember State in whose territory the wine is located at the time
when the contract or declaration is submitted,
(ii) for the purposes of paying aid to makers of wine fortified for
distillation under Article 69, the intervention agency designatedby the Member State in whose territory the wine is fortified,
(iii) in all other cases, the intervention agency designated by the
Member State in whose territory distillation takes place.2000R1623 — EN — 25.08.2001 — 004.001 — 29
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2. For the purposes of this Title, natural or legal persons or groups of
such persons other than makers of wine fortified for distillation shall bedeemed to be distillers if they:
(a) are approved by the competent authorities in the Member State in
which they are established;
(b) buy from a producer as defined in paragraph 1(a) wine or the by-
products of wine-making or of any other form of processing ofgrapes with a view to having them distilled on their own account byan approved distiller, and
(c) pay the producer not less for the products purchased than the
minimum buying-in price for the distilled product in question.
Persons or groups deemed to be distillers shall be subject to the same
obligations and enjoy the same rights as distillers.
3. Member States may stipulate, in accordance with rules which they
determine, that for the purposes of concluding contracts and delivering
wine for distillation, associations of wine-growers' cooperatives may onrequest be deemed to be producers for those quantities of wine producedand handed over by member cooperatives. The latter shall in any casecontinue to hold the rights and be bound by the obligations laid down in
Community rules.
Should an association intend to carry out a distillation operation under
this Title in agreement with the wine-growers' cooperatives concerned
during a specified wine year, it shall inform the intervention agencythereof in writing. In such cases:
(a) member cooperatives may not individually sign distillation contracts
or make deliveries for the distillation concerned,
(b) the quantities of wine delivered for distillation by the said
association shall be booked to the member cooperatives on whosebehalf the delivery is made.
For the purposes of Article 2 of this Regulation, should one or more
member cooperatives fail to comply with the obligations laid down
therein, irrespective of the consequences for the latter, the association
shall be excluded from deliveries for the distillation concerned, up to thelimit of the quantities of wine delivered on behalf of the wine-growers'cooperatives which committed the infringement.
Member States availing themselves of the option provided for in this
paragraph shall inform the Commission thereof and shall notify it of theprovisions they have adopted for this purpose. The Commission shall
inform the other Member States.
Article 42
Approvalofdistillers
1. The competent authorities of the Member States shall approve the
distillers established in their territory who intend to perform distillationoperations under this Title and shall draw up a list of the approveddistillers. However, these authorities may decide not to include on the
list approved distillers who are unable to obtain products of an alcoholic
strength of at least 92 % vol. by means of distillation under Chapter I ofthis Title.
The competent authorities shall be responsible for updating the said list,
and the Member States shall forward any subsequent amendments to itto the Commission. The Commission shall publish that list and anyamendments to it.
2. The competent authority may withdraw approval, either tempora-
rily or permanently, from distillers failing to meet their obligationsunder the Community rules.2000R1623 — EN — 25.08.2001 — 004.001 — 30
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Article 43
Alcoholobtainedbydistillation
Only the following products may be obtained by distillation under this
Title:
(a) neutral alcohol complying with the definition in Annex III to this
Regulation, or
(b) spirits distilled from wine or from grape marc, complying with the
definitions in Article 1(4)(d) or (f) of Council Regulation (EEC)No 1576/89 of 29 May 1989 laying down general rules on thedefinition, description and presentation of spirit drinks (
1), or
(c) a distillate or raw alcohol with an alcoholic strength of at least 52 %
by volume.
Where the product specified in point (c) in the first subparagraph is
obtained, it may be used only under official supervision for:
(i) the production of an alcoholic beverage,
(ii) processing into one of the products referred to in (a) or (b) above,
with the exception of spirits distilled from grape marc,
(iii) the production of alcohol for industrial purposes.
Member States shall take the necessary measures to ensure compliance
with the obligation laid down in the second subparagraph.
Article 44
Analysismethodforneutralalcohol
Annex V to this Regulation sets out the Community methods for the
analysis of neutral alcohol as defined in Annex IV hereto.
CHAPTER I
COMPULSORYDISTILLATION
Section I: Distillation of by-products of wine-making
Article 45
Obligationtodeliver by-productsfordistillation
1. Producers required to distil under Article 27 of Regulation (EC)
No 1493/1999 shall discharge their obligations by delivering for
distillation, not later than 15 July of the wine year concerned:
(a) all of their marc and wine lees to an approved distiller, and
(b) where applicable, any wine to an approved distiller or approved
maker of wine fortified for distillation.
Where producers make deliveries to a distiller whose approval has been
withdrawn, the quantities supplied may be counted but there shall be noentitlement to Community assistance.
2. Producers who have not made wine or processed grapes in any
other way on cooperative premises and who do not produce more than
25 hectolitres of wine or must during the wine year in question shall befree not to deliver any quantities.
In the Italian part of wine-growing zones C and the Portuguese wine-
growing zone, persons subject to the obligation referred to in paragraph1 may be released from that obligation by making use of the possibilityprovided for in Article 27(8) of Regulation (EC) No 1493/1999 provided
they have made wine or processed grapes in any other manner using a
quantity corresponding to more than 25 hectolitres but not more than 40hectolitres of wine.2000R1623 — EN — 25.08.2001 — 004.001 — 31
(1) OJ L 160, 27.6.1989, p. 1. Last amended by Regulation (EC) No 3378/94 (OJ
L 366, 31.12.1994, p. 1).
▼B
Article 46
Requirementsforby-productsdelivered fordistillation
1. Notwithstanding Article 27(4) of Regulation (EC) No 1493/1999,
the amount of alcohol contained in products delivered for distillation by
producers delivering marc for the manufacture of oenocyanin shall be atleast 5 % of the amount of alcohol contained in the wine; or at least 7 %for white quality wines psr.
2. For the purpose of determining the amount of alcohol to be
delivered for distillation in the form of the products specified inArticle 48 of this Regulation, the standard natural alcoholic strengths byvolume to be applied in the different wine-growing zones shall be:
(a) 8.5 % for zone B,
(b) 9.0 % for zone C I,
(c) 9.5 % for zone C II,
(d) 10.0 % for zone C III,
3. To keep distillation costs within acceptable limits, the minimum
average requirements that wine-making by-products must meet on
delivery to the distillery shall be the following:
(a) grape marc:
(i) in wine-growing zone B: two litres of pure alcohol/100
kilograms,
(ii) in wine-growing zone C: two litres of pure alcohol/100
kilograms where it is obtained from varieties listed in theclassification of vine varieties for the administrative unitconcerned as varieties other than wine-grape varieties; 2.8 litres
of pure alcohol/100 kilograms where it is obtained from
varieties listed in the classification for the administrative unitconcerned solely as wine-grape varieties;
(b) wine lees:
(i) in wine-growing zone B: three litres of pure alcohol/100
kilograms, 45 % moisture content,
(ii) in wine-growing zone C: four litres of pure alcohol/100
kilograms, 45 % moisture content,
4. In the case of producers who deliver wine of their own production
to the vinegar industry, the amount of alcohol, expressed as pure
alcohol, contained in the wine delivered shall be deducted from the
amount of alcohol, expressed as pure alcohol, contained in the wine tobe delivered for distillation to discharge the obligation referred to inArticle 27(3) of Regulation (EC) No 1493/1999.
In the case of producers who deliver wine and by-products of their own
production for supervised experiments conducted by the Member States,
the provisions referred to in Articles 45, 46 and 47 shall apply and aidshall be paid to the person authorised to conduct the experiment at a rateof EUR 0,277/% vol/hl.
In the case of experiments, the Member State may not exceed 100 tonnes
of marc and 100 tonnes of wine lees per experiment.
Article 47
Buying-inprice
1. The buying-in price referred to in Article 27(9) of Regulation (EC)
No 1493/1999 shall apply to bulk merchandise ex distiller's premises.
2. Distillers shall pay the buying-in price as referred to in paragraph 1
to producers within three months of the day on which the quantityconcerned is delivered to the distillery.2000R1623 — EN — 25.08.2001 — 004.001 — 32
▼M3
▼B
▼B
However, unless the producer objects, distillers may:
(a) pay the producer on account 80 % of the buying-in price, no more
than three months after delivery of the products, or
(b) make the payment on account referred in (a) following delivery of
the products and no later that one month after presentation of theinvoice to be drawn up for them before 31 August following theclose of the wine year concerned.
Distillers shall pay the balance to producers no later than the following
31 October.
Article 48
Aidtobepaidtodistillers
1. The aid to be paid to distillers for products distilled under
Article 27 of Regulation (EC) No 1493/1999 shall be fixed, per % vol.
of alcohol and per hectolitre of product obtained by distillation, as
follows:
(a) neutral alcohol:
(i) flat-rate aid EUR 0.6279
(ii) aid for marc EUR 0.8453
(iii) (aid for wine and wine lees EUR 0.4106
(b) Spirits distilled from grape marc EUR 0.3985
and a distillate or raw alcohol with an alcoholic strength of at least
52 % by volume
(c) Wine spirits EUR 0.2777
(d) Raw alcohol from wine and wine lees EUR 0.2777
Where the distiller provides evidence that the distillate or raw alcohol
obtained by distillation of marc was used otherwise than as spirits
distilled from marc, a further amount of EUR 0.3139/% vol./hl may bepaid.
2. Differentiated aid for alcohol distilled from marc or from wine and
wine lees as referred to in paragraph 1(a):
(a) may be decided on by the Member States where application of the
flat-rate aid referred to at (i) makes it or could make it impossible tohave one or more of the by-products of wine-making distilled in
certain regions of the Community,
(b) must be paid to distillers where one of these raw materials accounts
for more than 60 % of the total quantities they have distilled duringa given wine year.
3. No aid shall be due for quantities of wine delivered for distillation
exceeding the producer's obligation as provided for in Article 45(1) of
this Regulation by more than 2 %.
Article 49
Exceptionstotheobligationtodeliver fordistillation
1. The obligations laid down in Article 27 of Regulation (EC)
No 1493/1999 shall not apply to:
(a) producers who withdraw by-products of wine-making under super-
vision under Article 50(1) of this Regulation,
(b) producers of quality sparkling wines of the aromatic type and quality
sparkling wines and semi-sparkling wines of the aromatic type
produced in specified regions who have prepared such wines from
grape must or partially fermented grape must which has beenpurchased and stabilised to eliminate the wine lees.
2. Producers who have not made wine or processed grapes in any
other way on cooperative premises and who do not produce more than25 hectolitres of wine or must during the wine year in question shall befree not to deliver any quantities.2000R1623 — EN — 25.08.2001 — 004.001 — 33
▼B
3. For that part of their wine production actually delivered to a
distillery for distillation under Article 28 of Regulation (EC) No 1493/1999, producers shall be required to deliver only by-products of wine-
making for distillation under Article 27(3) of that Regulation.
Article 50
Withdrawals
1. Only the following producers may avail themselves of the option
referred to in Article 27(8) of Regulation (EC) No 1493/1999:
(a) those established in production areas where distillation is a
disproportionate constraint. A list of the production areas concernedshall be drawn up by the competent authorities of the Member
States, who shall inform the Commission thereof;
(b) those who have not made wine or processed grapes in any other way
on cooperative premises and who have disproportionate distillation
costs on account of their low volume of production or the specialcharacteristics of production and the location of the distilleries.
2. For the purposes of Article 27(7) and (8) of Regulation (EC)
No 1493/1999, the by-products shall be withdrawn without delay and no
later than the end of the wine year in which they were obtained.
Withdrawal, together with an indication of the estimated quantities, shallbe either entered in the registers kept in accordance with Article 70 ofRegulation (EC) No 1493/1999 or certified by the competent authority.
The withdrawal of the wine lees in question shall be regarded as having
taken place once the lees have been denatured to make their use in
winemaking impossible and where the delivery of the denatured lees tothird parties has been entered in the registers referred to in the firstsubparagraph. The Member States shall take the measures necessary toensure that such transactions are checked.
Member States whose wine production exceeds 25 000 hectolitres per
year shall check by sampling at least whether the average minimumalcoholic strength referred to in Article 51 has been complied with andwhether all the by-products have been withdrawn within the time limitsset.
Article 51
Requirementsforby-productswithdrawn
The minimum pure alcoholic strength of the by-products of wine-
making withdrawn under supervision under Article 27(7) and (8) of
Regulation (EC) No 1493/1999 shall be as follows:
(a) grape marc:
(i) 2.1 litres/100 kilograms in the case of quality white wines psr,
(ii) 3 litres/100 kilograms in other cases.
(b) wine lees:
(i) 3.5 litres/100 kilograms in the case of quality white wines psr,
(ii) 5 litres/100 kilograms in other cases.
Section II: Distillation of wine from dual-purpose grapes
Article 52
Determinationofquantitynormallyproduced
1. In the case of wine obtained from grapes of varieties classified as
both wine-grape varieties and varieties for other uses as referred to inArticle 28 of Regulation (EC) No 1493/1999, the total quantity normallyproduced shall be determined for each region concerned.2000R1623 — EN — 25.08.2001 — 004.001 — 34
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The total quantity normally produced shall comprise:
— wine products intended for the production of table wine and wine
suitable for yielding table wine,
— must intended for the production of concentrated must and rectified
concentrated must for the purposes of enrichment,
— must intended for the production of liqueur wines with a designation
of origin,
— wine products for the production of spirits distilled from wine with a
designation of origin.
The reference period shall cover the following wine years:
— 1974/75 to 1979/80 in the Community of Ten,
— 1978/79 to 1983/84 in Spain and Portugal,
— 1988/89 to 1993/94 in Austria.
However, in the case of wine obtained from grapes of varieties classified
as both wine-grape varieties and varieties for the production of spiritsdistilled from wine with a designation of origin, the total quantity
normally produced in the region during that reference period shall be
reduced by the quantities that have been the subject of distillation otherthan that to produce spirits distilled from wine with a designation oforigin in that period. Moreover, where the quantity normally produced inthe region is over 5 million hl, this total quantity normally produced
shall be reduced by 1,4 million hl for the 2001/02 and 2002/03 wine
years.
2. In the regions referred to in paragraph 1, the quantity normally
produced per hectare shall be set by the Member States concerned bydetermining for the same reference period referred to in that paragraph
the portion of wine obtained from grapes of varieties classified in the
same administrative unit as both wine-grape varieties and varieties forother uses.
From the 1998/1999 wine year, as regards wine obtained from grapes of
varieties classified in the same administrative unit as both wine-grape
varieties and varieties for the production of spirits from wine with adesignation of origin, the Member States shall be authorised to allowproducers who have received premiums from the 1997/98 wine year forthe permanent abandonment of part of their vine-growing areas as
provided for in Article 8 of Regulation (EC) No 1493/1999 to maintain,
for the five wine years following grubbing, the quantity normallyproduced at the level it stood at before grubbing.
Article 53
Determinationofthequantityofwinetobedistilled
1. All producers subject to the distillation obligation under Article 28
of Regulation (EC) No 1493/1999 shall have distilled the total quantityof their production intended for wine-making less their quantitynormally produced as defined in Article 52(2) and their quantity of
exports out of the Community during the wine year in question.
In addition, producers may deduct from the quantity to be distilled
resulting from that calculation a maximum quantity of 10 hl.
2. Where the quantity normally produced is greater than 5 million hl,
the total quantity of wine to be distilled under Article 28 of Regulation(EC) No 1493/1999 shall be determined by the Member State for eachregion concerned. It shall comprise the total quantity intended for wine-making less the total quantity normally produced as defined in Article
52 and the quantity of wine exported from the Community in the wine
year in question.
In those regions:
— the Member State shall apportion the total quantity of wine to be
distilled in the region concerned among the individual wineproducers in that region in accordance with objective criteria andwithout discrimination and shall inform the Commission thereof,2000R1623 — EN — 25.08.2001 — 004.001 — 35
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— distillation shall be authorised only if the total quantity intended for
wine-making in the region in the wine year concerned exceeds thetotal quantity normally produced in the region concerned,
— for each wine year a difference of 200 000 hectolitres shall be
allowed between the regional quantity to be distilled and theaggregate individual quantities.
Article 54
Datesofdeliveryofwinefordistillation
The wine shall be delivered to an approved distiller not later than 15
July of the wine year concerned.
In cases covered by Article 68 of this Regulation, the wine shall be
delivered to an approved maker of wine fortified for distillation not laterthan 15 June of the wine year concerned.
To deduct wine from the quantity to be distilled, the wine shall be
exported from the Community not later than 15 July of the wine year
concerned.
Article 55
Buying-inprice
1. Within three months of delivery to the distillery distillers shall pay
the producers the buying-in price referred to in Article 28(3) ofRegulation (EC) No 1493/1999 for the quantity delivered. That price
shall apply to bulk merchandise ex producer's premises.
2. In the case of wine obtained from grapes of varieties classified as
both wine-grape varieties and varieties for the production of spirits
distilled from wine, in accordance with Article 28(3) of Regulation (EC)No 1493/1999, the Member States may vary the buying-in price paid tothe producers subject to the distillation obligation as a function of yieldper hectare. The provisions adopted by the Member States shall ensurethat the average price actually paid for all wine distilled is EUR 1,34/%
vol/hl.
Article 56
Aidtobepaidtodistillers
The aid provided for in Article 28(5)(a) of Regulation (EC) No 1493/
1999 shall be fixed, in terms of alcoholic strength by volume perhectolitre of product obtained from distillation, as follows:
(a) neutral alcohol: EUR 0,7728
(b) spirits distilled from wine, raw alcohol and wine
distillate: EUR 0,6401
Where use is made of the possibility of varying the buying-in price in
accordance with Article 55(2), the aid referred to in the first paragraphshall vary by an equivalent amount.
No aid shall be payable on alcohol obtained from quantities of wine
delivered for distillation that exceed by more than 2 % the amount whichthe producer must have distilled under Article 53 of this Regulation.
Article 57
Exceptionstotheprohibitiononmovementofwine
Where a derogation is granted under Article 28(1) of Regulation (EC)
No 1493/1999, wine covered by that Article may be moved to:
(a) a customs office for completion of customs export formalities
followed by departure from the customs territory of the Community,or
(b) the premises of an approved maker of wine fortified for distillation
with a view to fortification.2000R1623 — EN — 25.08.2001 — 004.001 — 36
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Section III: Common provisions applicable to Sections I and II of this
Chapter
Article 58
Partial deliveries
Producers subject to one of the obligations referred to in Articles 45 or
52 of this Regulation and who have delivered at least 90 % of the
quantity of product which they are obliged to deliver before 15 July of
the current wine year may discharge their obligation by delivering theremaining quantity before a date, to be fixed by the competent nationalauthority, which may not be after 31 July of the following wine year.
In such cases:
(a) the buying-in price for the remaining quantities referred to in the
first subparagraph and the price for the alcohol produced therefrom
and delivered to the intervention agency shall be reduced by anamount equal to the aid for neutral alcohol fixed for the distillationoperation in question in accordance with Article 48(1)(a)(i) andArticle 56(a) of this Regulation,
(b) no aid shall be paid for products of distillation not delivered to
intervention agencies,
(c) the obligation shall be deemed to have been discharged by the date
fixed in accordance with the first subparagraph,
(d) the time limits for distillation, submission of proof of payment of the
price referred to at (a) and delivery of the alcohol to the interventionagency shall be adjusted by the competent authority to take account
of the extended time limit for delivery.
Article 59
Proofofdelivery
As proof of delivery, distillers shall provide producers, before 31 August
of the following wine year, with a certificate stating at least the type,
quantity and alcoholic strength by volume of the products delivered, aswell as the dates of delivery.
However, where producers deliver the products which they are to have
distilled to a distillery located in a Member State other than that inwhich the products were obtained, the distiller shall require theintervention agency of the Member State of distillation to certify thatthe distillery has taken over the products in question on the official
document provided for in Article 70 of Regulation (EC) No 1493/1999
covering transport of the products. The distiller shall forward a copy ofthe duly certified document to the producer within one month ofreceiving the products to be distilled.
Article 60
Proofstobesuppliedbydistillerstointerventionagencies
1. In order to qualify for aid, distillers shall submit an application to
the intervention agency, no later than 30 November following the wine
year concerned, enclosing for the quantities covered by their application:
a) (i) in the case of wine and wine lees, a summary of the deliveries
made by each producer, stating at least:
— the type, quantity, colour and alcoholic strength by volume,
— the number of the document provided for in Article 70(1) of
Regulation (EC) No 1493/1999, where such a document isrequired for transport of the products to the distiller's
premises or, otherwise, the reference number of the transport
document used under national rules;
(ii) in the case of grape marc, a list of the names of the producers
who have delivered marc and the quantity of alcohol contained2000R1623 — EN — 25.08.2001 — 004.001 — 37
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in the marc delivered for distillation under Article 27 of
Regulation (EC) No 1493/1999;
(b) a declaration, stamped by the competent authority designated by the
Member State, stating at least:
(i) the quantity of products obtained by distillation, broken down
by category as indicated in Article 43 of this Regulation,
(ii) the date on which these products were obtained;
(c) proof that they have paid the producer the minimum buying-in price
laid down for the distillation operation concerned within the timeallowed.
However, Member States may provide for simplified arrangements for
presenting evidence of the payment of the minimum buying-in price fordistillation of the by-products of wine-making after obtaining theagreement of the Commission to such arrangements.
2. Where producers carry out the distillation themselves, the
documents referred to in paragraph 1 shall be replaced by a declaration,stamped by the competent authority of the Member State, stating atleast:
(a) the type, quantity, colour and alcoholic strength by volume of the
product to be distilled,
(b) the quantity of products obtained from distillation, broken down by
category as indicated in Article 43 of this Regulation,
(c) the dates on which these products were obtained.
3. Proof that the minimum price has been paid may be replaced by
proof that a security has been lodged in favour of the intervention
agency. The security shall be equal to 120 % of the aid applied for.
In such cases, proof that the distiller has paid the full buying-in price
referred to in Article 27(9) or Article 28(3) of Regulation (EC) No 1493/
1999 shall be supplied to the intervention agency no later than the last
day of February following the wine year concerned.
4. In cases as referred to in the second subparagraph of Article 47(2)
of this Regulation, proof that the buying-in price has been paid shall be
replaced by proof that the payment on account has been made.
5. The intervention agency shall pay the aid to the distiller or, in
cases as referred to in paragraph 2, the producer no more than three
months after submission of the application together with the requisite
documents.
6. If it is found that the distiller has not paid the buying-in price to the
producer, the intervention agency shall pay the producer an amount
equal to the aid before 1 June following the wine year concerned, where
appropriate through the intervention agency of the producer's MemberState.
Article 61
Datesofdistillationoperations
1. Any wine delivered to meet the obligation laid down in Article 27
of Regulation (EC) No 1493/1999 may not be distilled before 1 January
of the wine year concerned.
2. Not later than the 10th of each month, distillers shall send the
intervention agency a statement of the quantities of products distilled
and products obtained during the previous month, the latter being broken
down by category as indicated in Article 43 of this Regulation.
3. Distillation may not take place after 31 July of the wine year
concerned.2000R1623 — EN — 25.08.2001 — 004.001 — 38
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Article 62
Delivery ofalcoholtotheinterventionagency
1. Without prejudice to the application of Articles 27(12) and 28(6)
of Regulation (EC) No 1493/1999, distillers may deliver products withan alcoholic strength of at least 92 % vol. to the intervention agencyuntil 30 November following the wine year concerned at the latest.
The operations necessary to obtain the product referred to in the first
subparagraph may be carried out either at the premises of the distiller
delivering the said product to the intervention agency or at the premisesof a jobbing distiller.
Except where the second subparagraph of paragraph 2 of this Article is
applied, distillers delivering to the intervention agency may not
physically keep the delivered alcohol on their premises; it must be
stored on premises managed by the intervention agency.
2. The price to be paid to distillers for raw alcohol delivered to the
intervention agency shall be fixed in % vol./hl as follows:
(a) distillation under Article 27 of Regulation (EC) No 1493/1999:
(i) standard price: EUR 1.654
(ii) marc alcohol: EUR 1.872
(iii) alcohol distilled from wine and wine lees: EUR 1.437
(b) distillation under Article 28 of Regulation (EC) No 1493/1999:
— price EUR 1.799
Where alcohol is stored on the premises where it has been produced, the
above prices shall be reduced by EUR 0.5/% vol./hl of alcohol.
3. Differentiated prices for marc alcohol, wine alcohol and alcohol
distilled from wine lees as referred to in paragraph 2(a):
(a) may be decided on by the Member States where application of the
standard price makes it or could make it impossible to have one ormore of the by-products of wine-making distilled in certain regionsof the Community,
(b) must be paid to distillers where one of these raw materials accounts
for more than 60 % of the total quantities they have distilled duringa given wine year.
4. In the case of distillers who have received aid under Articles 48
and 56 of this Regulation, the prices referred to in paragraph 2 shall be
reduced by an amount equal to the aid.
5. The intervention agency shall pay distillers no more than three
months after the day on which the alcohol is delivered, provided thedocuments and evidence referred to in Article 60 have been presented.
CHAPTER II
OPTIONALDISTILLATION
Article 63
Opening of distillation as provided for in Article 29 of Regulation
(EC)No1493/1999
1. Distillation of table wine and wine suitable for yielding table wine
in accordance with Article 29 of Regulation (EC) No 1493/1999 shall beopened from 16 October each wine year.
2. The quantity of table wine and wine suitable for yielding table
wine that each producer may have distilled shall not exceed 30 % of his
highest production of such wine declared in the last three wine years,
including the current year if production has already been declared.Where the above percentage is applied, the quantity of table wineproduced shall be that given as wine in the column headed ‘Table wines’of the declaration of quantities produced as referred to in Article 18(1)of Regulation (EC) No 1493/1999.2000R1623 — EN — 25.08.2001 — 004.001 — 39
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3. Each producer who has produced table wine or wine suitable for
yielding table wine may conclude a contract or make a declaration asreferred to in Article 65 of this Regulation. The contract shall be
accompanied by evidence of the lodging of security of EUR 5 per
hectolitre. Such contracts may not be transferred.
4. The Member States shall notify the Commission on the 5th and the
20th days of each month or on the first working day thereafter of the
total quantities covered by contracts concluded for such distillation inthe periods running from the 16th to the 31st days of the previous monthand from the 1st to the 15th day of the current month respectively.►
M2However, in January that notification shall be made on the 10th
instead of the fifth day of the month. ◄
5. The Member States may approve such contracts once ten working
days have elapsed after notifying the Commission pursuant to paragraph4, unless the Commission has taken special measures in the meantime.►
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of contracts approved at the time of the first notification in accordance
with paragraph 4 following that approval. ◄
6. If the quantities for which contracts have been concluded, notified
to the Commission on the day determined in accordance with paragraph
4, exceed or may exceed the quantities corresponding to available
budget resources or are or may be substantially in excess of theabsorption capacity of the potable alcohol sector, the Commission shallset a percentage figure for acceptance of the quantities covered by thecontracts concerned and/or shall suspend notification of new contracts.
In this case, the security referred to in paragraph 3 shall be released for
the quantities concluded but not accepted.
The Commission may also set a percentage for acceptance of contracts
concluded or suspend notification of new contracts in cases of abnormal
development of new contracts or where there is a serious risk that the
continuity of traditional supply of products of distillation will bedistorted.
7. Contracts concluded and not notified to the Commission in
accordance with paragraph 4 may not be approved.
8. The security referred to in paragraph 3 shall be released in
proportion to the quantities supplied when the producer providesevidence of delivery to a distillery.
9. The amounts to be supplied under contract shall be delivered to a
distillery by 30 June of the same wine year at the latest.
10. Wine delivered to a distillery must be distilled by 30 September
of the following wine year at the latest.
Article 64
Amountofaid
1. The aid to be paid to distillers or, in the cases referred to in
Article 65(3) of this Regulation, to producers, for wine distilled to
produce potable alcohol under this Chapter shall be fixed per % vol. of
alcohol and per hectolitre of product obtained by distillation as follows:
(a) primary aid under Article 29(4) of Regulation (EC) No 1493/1999:
— EUR 1.751 per %/vol. and per hectolitre for raw alcohol and
spirits distilled from wine,
— EUR 1.884/ % vol./hl for neutral alcohol.
(b) secondary aid under Article 29(6) of Regulation (EC) No 1493/
1999: EUR 0.0336/hl per day.
2. Distillers wishing to receive secondary aid shall notify the
intervention agency of the quantity and characteristics of the productthey wish to store and the date when storage is scheduled to commence.2000R1623 — EN — 25.08.2001 — 004.001 — 40
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Such notification must be made at least 30 days before storage
commences.
Unless the intervention agency objects within the above 30-day time
limit, the date when storage is scheduled to commence shall be deemedto be the actual commencement date.
3. Secondary aid as referred to in (b) of paragraph 1 may be paid
only:
— for at least 100 hl of alcohol stored in containers of a capacity of at
least 100 hl.
— for at least six months and at most 12 months in the period running
from 1 December of the wine year concerned until 30 November of
the following year.
However, for the 2000/01 wine year, secondary aid may be paid against
aid applications submitted during the period running from 1 December2000 until 30 May 2001 and for at least six months and at most 12months.
Distillers may terminate storage of alcohol as of 1 June provided the
Commission so authorises in the light of the situation in the sector.
4. In the case of primary aid, the intervention agency shall pay
distillers or, in the cases referred to in Article 65(2), producers, the aidcalculated in accordance with paragraph 1 of this Article no more thanthree months after submission of the proof referred to in Article 65(10)
of this Regulation.
The intervention agency shall pay the secondary aid no more than three
months after the end of the storage period.
5. Alcohol for which aid is paid under this Article may not
subsequently be bought in by the public authorities. Should distillers
nevertheless wish to sell their alcohol to the public authorities, they mustfirst reimburse the aid they have received.
6. Notwithstanding paragraph 5, that paragraph shall not apply to
public authorities who have a programme for the sale of alcohol that
does not interfere with traditional uses, such as an agri-environmentalprogramme for the sale of alcohol to the fuel sector, as regards quantitiesof alcohol sold under such programmes.
CHAPTER III
PROVISIONSCOMMONTOCHAPTERSIANDII
Section I: General
Article 65
Delivery contracts
1. All producers intending to deliver wine of their own production for
distillation under Articles 29 and 30 of Regulation (EC) No 1493/1999
shall conclude one or more delivery contracts, hereinafter referred to as‘contracts’, with one or more distillers. Distillers shall present suchcontracts to the competent intervention agency for approval before adate to be specified, in accordance with arrangements established by theMember States.
Along with the contract, evidence shall be presented to the intervention
agency to prove that producers have actually produced and hold thequantity of wine to be delivered. Such evidence may not be required inthe Member States where the authorities already hold relevant such
proof under other arrangements.
Producers subject to the obligations laid down in Articles 27 and 28 of
Regulation (EC) No 1493/1999 shall also provide distillers with proofthat they have fulfilled those obligations during the period set inArticle 2(2) of this Regulation.2000R1623 — EN — 25.08.2001 — 004.001 — 41
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2. Contracts shall include at least the following information about the
wine they cover:
(a) the quantity, which may not be less than 10 hectolitres,
(b) the various characteristics, and in particular colour.
Producers may not deliver the wine for distillation unless their contract
has been approved by the competent intervention agency. The competentauthority may limit the number of contracts that a producer canconclude.
Where distillation is carried out in a Member State other than that in
which the contract is approved, the intervention agency which approvedthe contract shall forward a copy thereof to the intervention agency ofthe Member State of distillation.
3. Producers as referred to in paragraph 1 of this Article:
a) who themselves possess distillation facilities and who intend to carry
out the distillation covered by this Chapter, or
b) who intend to have their wine distilled on their behalf in the plant of
an approved distiller working under contract, shall submit adeclaration of delivery for distillation, hereinafter referred to as the
‘declaration’, to the competent intervention agency for approval
before a date to be specified.
Producers subject to the obligations referred to in Articles 27 and 28 of
Regulation (EC) No 1493/1999 shall also provide the competent
intervention agency with proof that they have fulfilled those obligations
during the reference period set in Article 2(2) of this Regulation.
4. For the purposes of paragraph 3, the contract shall be replaced
(a) in the case referred to in (a) in the first subparagraph of paragraph 3,
by the declaration,
(b) in the case referred to in (b) in the first subparagraph of paragraph 3,
by the declaration accompanied by a contract for delivery for
distillation on the producer's behalf concluded between the producerand the distiller.
5. The characteristics of the wine delivered for distillation must be
the same as those indicated in the contract or declaration covered by this
Article.
No aid shall be due:
(a) if the quantity of wine actually delivered for distillation is less than
95 % of that stated in the contract or declaration;
(b) for any quantity of wine in excess of 105 % of that stated in the
contract or declaration;
(c) for any quantity of wine over and above the maximum quantity to be
complied with for the distillation operation in question.
6. Distillers shall pay producers the prices fixed per % vol. of alcohol
and per hectolitre under Article 29 or 30 of Regulation (EC) No 1493/1999 for the wine delivered to them, such prices applying to bulkmerchandise ex producer's premises.
7. Distillers shall pay producers the minimum purchase price referred
to in paragraph 6 within three months of delivery of the wine, providedthe producers have supplied the competent authority with the proofreferred to in the third subparagraph of paragraph 1 of this Article within
two months of delivery. If the said proof is provided more than two
months after delivery, distillers shall pay within one month.
8. Distillers shall forward to the intervention agency, within time
limits laid down:
(a) details of the quantity, colour and actual alcoholic strength by
volume of the wine in each delivery from each producer from whomthey have received deliveries of wine, together with the number ofthe document provided for in Article 70 of Regulation (EC) No 1493/1999 used for the transport of the wine to the distiller's premises,2000R1623 — EN — 25.08.2001 — 004.001 — 42
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(b) proof that the total quantity of wine stipulated in the contract or
declaration has been distilled within the time allowed,
(c) proof that they have paid the producer the purchase price referred to
in paragraph 7 of this Article within the time allowed.
In the case referred to in paragraph 9, producers shall be required to
supply only the proof referred to in (b) above.
Not later than the 10th of each month, distillers shall send the
intervention agency a statement of the quantities of products distilledand products obtained during the previous month, the latter being brokendown by category as indicated in Article 43 of this Regulation.
9. If distillation is carried out by producers themselves in their
capacity as distillers or by distillers acting on the producer's behalf, theinformation required under paragraph 8 shall be submitted to thecompetent intervention agency by the producer.
10. Member States shall carry out representative spot checks on the
wine covered by contracts and shall check in particular:
(a) that the producer has actually produced and holds the quantity of
wine to be delivered,
(b) that the wine entered in the contract belongs to the category for
which distillation has been opened.
The check may be made at any time from date of presentation of the
contract up to the date it is approved and the wine enters the distillery.Member States with more effective arrangements for checking point (a)in the first subparagraph of this paragraph need carry out checks only asproducts enter the distillery.
Where the actual alcoholic strength by volume is indicated in the
contract, a discrepancy of 1 % vol shall be permitted between thestrength indicated and that determined when the check is carried out.
Article 65a
Requirements for alcohol obtained by the distillation of certain
wines
Only a product with an alcoholic strength of 92 % vol or more may be
obtained by the direct distillation of wines obtained from grapes ofvarieties classified for the same administrative unit as both wine-grapevarieties and varieties intended for the production of wine spirits.
Article 66
Advancepayments
1. Distillers or, in the case referred to in Article 65(3) of this
Regulation, producers, may request that an amount equal to the aid fixed
for the distillation operation concerned be paid them in advance,
provided that they have lodged a security in favour of the interventionagency. That security shall be equal to 120 % of the said amount.
The amount referred to in the first subparagraph shall be calculated
per % vol. of alcohol indicated for the wine covered by the contract ordelivery declaration and per hectolitre of that wine, or by hectolitre ofpure alcohol in the case of the secondary aid referred to inArticle 64(1)(b) of this Regulation. The intervention agency shall payadvances no more than three months after presentation of proof that the
security has been lodged, provided the contract has been approved.
2. The security shall be released by the intervention agency once the
proof referred to in Article 65(8) is presented within the time allowed.2000R1623 — EN — 25.08.2001 — 004.001 — 43
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Article 67
EAGGF contributiontothecostofdistillationoperations
1. The EAGGF Guarantee Section shall finance part of the
expenditure incurred by intervention agencies in taking alcohol over.
The financial contribution shall be equal to the aid fixed under Articles
48 and 56 and Article 68(a) of this Regulation and pursuant to Article 3
of Regulation (EC) No 1493/1999.
2. Articles 4 and 6 of Regulation (EC) No 1258/1999 (1) shall apply
to the contribution.
Section II: Fortified wine
Article 68
Processingintofortified wine
1. Wine to be distilled under this Regulation may be fortified. In such
cases, the only product which may be obtained by distilling suchfortified wine shall be wine spirits.
2. Wine shall be fortified for distillation only under official
supervision.
For this purpose:
(a) the document(s) and register(s) required under Article 70 of
Regulation (EC) No 1493/1999 shall show the increase in actualalcoholic strength by volume, expressed in % vol., by indicating thestrength before and after addition of the distillate to the wine,
(b) a sample of the wine shall be taken under official supervision before
it is fortified so that the actual alcoholic strength by volume may bedetermined by an official laboratory or a laboratory working underofficial supervision,
(c) two copies of the report on the analysis referred to in (b) shall be
sent to the manufacturer of the fortified wine, who shall transmit onecopy to the intervention agency of the Member State in which thewine is fortified.
3. Wine shall be fortified for distillation during the period laid down
for the distillation operation in question.
4. Member States may restrict the number of locations at which wine
may be fortified for distillation, should this be necessary to ensure that
the most effective method of supervision can be used.
Article 69
Preparationoffortifiedwine
1. In cases where the option referred to in Article 68(1) is exercised
and where the wine is not fortified by or on behalf of a distiller,producers shall conclude a delivery contract with an approved maker offortified wine and shall submit it for approval to the competentintervention agency.
However, in the case of producers who are approved as makers of
fortified wine and who intend to fortify the wine for distillation
themselves, the contract referred to in the first subparagraph shall bereplaced by a declaration of delivery.
2. Contracts and declarations as referred to in paragraph 1 shall be
covered by rules adopted by the Member States.
3. Makers of fortified wine shall pay producers at least the minimum
buying-in price fixed for distillations as provided for in Articles 27 to 302000R1623 — EN — 25.08.2001 — 004.001 — 44
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of Regulation (EC) No 1493/1999 for the wine delivered. That price
shall apply to bulk merchandise:
(a) free at maker's premises in the case of distillation under Article 27(9)
of Regulation (EC) No 1493/1999,
(b) ex producer's premises in other cases.
Subject to the necessary adjustments, makers of fortified wine for
distillation shall be subject to the same obligations as distillers under this
Title.
The aid to be paid to makers of fortified wine shall be fixed per % vol.
of actual alcoholic strength and per hectolitre of wine as follows:
— EUR 0.2657 for distillation as provided for in Article 27 of
Regulation (EC) No 1493/1999;
— EUR 0.6158 for distillation as provided for in Article 28 of
Regulation (EC) No 1493/1999;
— EUR 0.1715 for distillation as provided for in Article 29 of
Regulation (EC) No 1493/1999.
Where the buying-in price is varied as provided for in Article 55(2), the
aid referred to in the second indent of the previous subparagraph shall be
varied in the same manner.
The competent intervention agency shall pay the aid to makers of
fortified wine on condition that they lodge a security equal to 120 % of
the aid to be received. However, no security shall be required where allthe requirements for payment of the aid have already been met.
Where makers fortify wine in connection with various distillation
operations governed by different provisions of Regulation (EC) No 1493/1999, they may lodge a single security. In such cases, the security shallbe equal to 120 % of all the aid to be paid for fortification in connection
with the said distillation operations.
The intervention agency shall release the security following presenta-
tion, within the time allowed:
(a) of proof that the total quantity of wine fortified for distillation
indicated in the contract or declaration has been distilled within the
time allowed, and
(b) of proof that the minimum purchase price referred to in Articles 27,
28, 29 and 30 of Regulation (EC) No 1493/1999 has been paidwithin the time allowed.
In cases covered by the second subparagraph of paragraph 1, the
producer shall be required to supply the intervention agency only withthe proof referred to in (a) above.
Article 70
DistillationinanotherMember State
1. Notwithstanding Article 69(4) of this Regulation, where fortified
wine is distilled in a Member State other than that in which the contractor declaration was approved, the aid payable for the various distillationoperations may be paid to distillers provided that they submit anapplication no more than two months after the deadline specified for
carrying out the distillation operation concerned, to the intervention
agency of the Member State in whose territory the distillation has takenplace.
2. Applications as referred to in paragraph 1 shall be accompanied by
the following:
(a) a document, endorsed by the competent authorities of the Member
State in whose territory the wine was fortified, transferringentitlement to the aid from the maker of the fortified wine to thedistiller and showing the quantities of fortified wine concerned andthe amount of the corresponding aid,2000R1623 — EN — 25.08.2001 — 004.001 — 45
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(b) a copy of the contract or declaration referred to in Article 69(1),
approved by the competent intervention agency,
(c) a copy of the analysis report referred to in Article 68,
(d) proof that the minimum purchase price of the wine has been paid to
the producer,
(e) the document required under Article 70 of Regulation (EC) No 1493/
1999 for the transport of fortified wine to the distillery, showing the
increase in actual alcoholic strength by volume, expressed in % vol.,
by indicating the strength before and after addition of the distillate tothe wine,
(f) proof that the fortified wine concerned has been distilled.
3. In cases covered by paragraph 1, makers of fortified wine shall not
be required to lodge the security provided for in Article 69(4).
4. The intervention agency shall pay the aid not later than three
months after the application and the documents listed in paragraph 2have been submitted.
Article 71
Specialrules
1. In cases covered by Article 69(1) of this Regulation, the contract or
declaration of delivery for fortification for distillation shall be submittedto the competent intervention agency for approval not later than31 December of the wine year concerned. The intervention agency shallnotify the producer of the outcome of the approval procedure within 15
days of the date on which the contract or declaration is submitted.
2. In cases of distillation under Article 27 of Regulation (EC)
No 1493/1999, no wine may be fortified before 1 January of the wineyear concerned or before the relevant contract or declaration has been
approved.
3. No later than the 10th of each month, makers of fortified wine for
distillation shall send the intervention agency a statement of the
quantities of wine delivered to them during the previous month.
4. To qualify for the aid, makers of fortified wine shall submit an
application to the competent intervention agency, not later than30 November following the end of the wine year concerned, enclosing
proof that the security referred to in Article 69(4) has been lodged.
The aid shall be paid not later than three months after the date of
submission of proof that the security referred to in the previoussubparagraph has been lodged. It may not be paid until the contract or
declaration has been approved.
5. Subject to Article 69(4) of this Regulation, the security shall be
released only if the documents referred to in that Article have beensupplied to the competent intervention agency within 12 months of
submission of the application.
6. If it is found that a maker of fortified wine has not paid the
purchase price to the producer, the intervention agency shall pay the
producer an amount equal to the aid, before 1 June of the wine year
following that in which the wine was delivered, where appropriatethrough the intervention agency of the producer's Member State.
Section III: Administrative provisions
Article 72
Force majeure
1. Where for reasons of forcemajeure all or part of the product to be
distilled cannot undergo distillation:
(a) if theforcemajeure affected the product to be distilled while it was
legally at the disposal of the producer, the latter shall inform the2000R1623 — EN — 25.08.2001 — 004.001 — 46
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intervention agency of the Member State in which the winery is
located without delay,
(b) in all other cases, the distiller shall inform the intervention agency of
the Member State in which the distillery is located without delay.
In the circumstances referred to in the first subparagraph, as soon as the
intervention agency has been informed, it shall decide on the measures
which it considers necessary in view of the circumstances invoked. Inparticular, it may defer the time limits.
2. In the circumstances referred to at (a) in the first subparagraph of
paragraph 1, and where the producer's winery and the distillery arelocated in two different Member States, the intervention agencies of thetwo Member States concerned shall cooperate by directly exchanginginformation in order to implement paragraph 1.
In the circumstances referred to at (b) in the first subparagraph of
paragraph 1, as soon as the intervention agency has been informed, it
may also authorise distillers, provided the producer agrees in the case of
a jobbing distiller, to transfer their rights and obligations to anotherdistiller for the quantity of products not yet distilled.
Article 73
Supervisionofdistillationoperations
1. The characteristics of products delivered for distillation, in
particular quantity, colour and alcoholic strength, shall be checked
against:
(a) the document provided for in Article 70 of Regulation (EC) No 1493/
1999 under cover of which the products are transported,
(b) an analysis of samples collected under the supervision of an official
body of the Member State in which the distillery is located when theproduct enters the distillery. Sampling may take the form ofrepresentative spot checks,
(c) where appropriate, the contracts concluded under this Title.
The analyses shall be performed by approved laboratories as referred to
in Article 72 of Regulation (EC) No 1493/1999, which shall forward the
results to the intervention agency of the Member State where distillation
takes place.
If, under Community rules, no document as referred to in (a) has been
drawn up, the characteristics of the product intended for distillation shall
be checked against the analyses referred to in (b).
A representative of an official body shall check the quantity of product
distilled, the date of distillation and the quantity and characteristics ofthe products obtained.
2. The results of the analysis of part of the wine covered by a contract
shall be valid for the full quantity.
3. Member States may also require that an indicator be used. They
may not prevent the movement within their territory of productsintended for distillation or distilled products obtained therefrom on theground that an indicator is present.
In cases where products covered by this Regulation are delivered for
distillation by more than one producer, Member States may provide thatsuch products are to be transported in bulk. In such cases, checks on the
characteristics of the products as referred to in Article 65 shall be carried
out in accordance with the detailed rules adopted by the Member Stateconcerned.
4. Member States availing themselves of the option provided for in
paragraph 3 shall inform the Commission thereof and shall notify it ofthe provisions they have adopted for this purpose. In the cases referredto in the first subparagraph of that paragraph, the Commission shallinform the other Member States.2000R1623 — EN — 25.08.2001 — 004.001 — 47
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Article 74
InfringementsofthisTitle
1. Should verification of a file reveal that a producer does not meet
the requirements laid down by the Community rules for the distillation
operation in question, for all or part of the products delivered, the
competent intervention agency shall inform the distiller and producerconcerned accordingly.
2. The distiller concerned shall not be required to pay the price
referred to, respectively, in Articles 27, 28, 29 and 30 of Regulation(EC) No 1493/1999 for the quantities of products referred to in
paragraph 1.
3. Without prejudice to Article 2 of this Regulation, should a
producer or distiller fail to meet the requirements laid down by theCommunity rules for the distillation operation in question, for all or partof the products delivered for distillation:
(a) no aid shall be due for the quantities concerned,
(b) the distiller may not deliver the products obtained by distilling the
quantities concerned to the intervention agency.
If the aid has already been paid, the intervention agency shall recover it
from the distiller.
If the products obtained by distillation have already been delivered, the
intervention agency shall recover an amount equal to the aid specified
for the operation concerned from the distiller.
However, where the various time limits laid down by this Regulation
have not been met, it may be decided to reduce the aid.
4. The intervention agency shall recover from the producer an
amount equal to some or all of the aid paid to the distiller in cases wherea producer does not meet the requirements laid down in the Community
rules on the distillation operation in question, for one of the following
reasons:
(a) failure by the producer to present the harvest, production or stock
declaration within the time allowed.
The amount to be recovered shall be determined in accordance with
the rules laid down in Article 12 of Commission Regulation (EC) No
1282/2001 (
1);
(b) presentation of one of the declarations referred to in point (a) found
by the competent authority of the Member State to be incomplete or
inaccurate, where the missing or inaccurate data are essential to the
application of the measure concerned.
The amount to be recovered shall be determined in accordance with
the rules laid down in Article 13 of Regulation (EC) No 1282/2001;
(c) failure to meet the obligations laid down in Article 37 of Regulation
(EC) No 1493/1999 where the infringement is detected or notified tothe distiller after payment of the minimum price on the basis ofprevious declarations.
All the aid paid to the distiller shall be recovered.
Article 75
Penalties
1. Except in cases of force majeure ,
(a) where producers fail to fulfil their obligations under this Title or
refuse to submit to checks, no aid shall be payable;2000R1623 — EN — 25.08.2001 — 004.001 — 48
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(b) where distillers fail to fulfil one of their obligations other than those
referred to in (a) above, the aid shall be reduced by an amountdetermined by the competent authority depending on the seriousness
of the infringement.
2. In cases of recognised forcemajeure , the intervention agency shall
take such action as it considers necessary having regard to the
circumstances involved.
3. In cases where a distiller fails to fulfil an obligation within the time
allowed, the aid shall be reduced as follows:
(a) in the case of payment of the purchase price to the producer under
Articles 47(2), 55 and 65(7), the aid shall be reduced by 1 % per dayof delay for one month. After one month, no aid shall be paid;
(b) in the case of:
(i) presentation of proof that the minimum purchase price has been
paid under Articles 60(1) and 65(8),
(ii) submission of the aid application and the proof of payment
under Articles 60(1) and the second subparagraph ofArticle 64(2) and Article 65(8),
(iii) delivery of the alcohol under Article 62(1),
(iv) submission of a statement of the quantities of products distilled
and products obtained under Article 61(2),
(v) submission of a statement of the quantities delivered for
fortification under Article 71(3),
the aid shall be reduced by 0.5 % per day of delay for two months.
After two months, no aid shall be paid.
Where an advance on aid has been paid, the corresponding security shall
be released in proportion to the aid actually due. Where no aid is due,
the security shall be forfeit.
4. Member States shall notify the Commission of cases where they
have applied paragraph 1 and of the action taken where force majeure
has been invoked.
Section IV: Reduction of the buying-in price for wine provided for in
Article 32 of Regulation (EC) No 1493/1999
Article 76
Reductionofthebuying-inpriceforcertain enrichedwines
1. The buying-in price for wine delivered for distillation under
Articles 29 and 30 of Regulation (EC) No 1493/1999 shall be reducedby:
— EUR 0.3626 in Zone A,
— EUR 0.3019 in Zone B,
— EUR 0.1811 in Zone C.
The reduction referred to in the first subparagraph shall not apply to:
(a) wine delivered by producers located in regions where alcoholic
strength may be increased only by the addition of must who forego
all aid made available under Article 34 of Regulation (EEC)
No 1493/1999 for the wine year concerned. These producers shallpresent to the distiller a copy of a statement waiving entitlement tothe aid concerned, stamped by the competent authority designatedby the Member State;
(b) wine taken into a distillery after the dates laid down for the various
wine-growing zones in Annex V(G)(7) to Regulation (EC) No 1493/
1999 and delivered by producers who provide the competentauthorities with satisfactory evidence that during the wine year theyhave neither increased the alcoholic strength of their table wine byadding sucrose nor lodged an application for aid under Article 34 ofthat Regulation for their production;2000R1623 — EN — 25.08.2001 — 004.001 — 49
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(c) wine and categories of wine for which the Member States do not
authorise or have not authorised an increase in alcoholic strength forthe wine year concerned.
2. An amount equal to the reduction referred to in paragraph 1 shall
be paid for the quantity of wine delivered for distillation as referred to in
that paragraph to producers who apply to the competent authority before1 August, either directly or through a distiller, and who have neitherincreased the alcoholic strength of their table wine production by addingsucrose nor applied for aid under Article 34 of Regulation (EC) No 1493/1999 for their production during the wine year concerned.
Producers who apply before 1 August and who have increased alcoholic
strength by adding sucrose or have applied for the said aid during the
wine year, but for less of their table wine production than the quantity
delivered for all the relevant distillation operations during the wine yearshall receive the amount indicated in the first subparagraph for thedifference between the quantity of table wine of which they increasedthe alcoholic strength and the quantity they delivered for distillation.
The competent authorities of the Member States may require such
producers to supply any evidence needed to demonstrate the validity oftheir application.
Article 77
Reductionoftheaidreferred toinArticle 81
Where wine is delivered for distillation as referred to in Article 76 of
this Regulation and where the reduction has been applied to such wine,
(a) the aid to be paid to the distiller,
(b) the price to be paid to the distiller for delivery to the intervention
agency under Article 30 of Regulation (EC) No 1493/1999 and
(c) the EAGGF contribution to expenditure incurred by the intervention
agency in taking over alcohol under Article 30 of Regulation (EC)
No 1493/1999
shall be reduced by an amount equal to the reduction indicated in
Article 76.
CHAPTER IV
DISPOSAL OF ALCOHOL OBTAINED BY DISTILLATION UNDER
CHAPTERIOFTHISTITLEAND,WHEREAPPLICABLE,ARTICLE30
OFREGULATION(EC)No1493/1999
Article 78
Purposeanddefinitions
1. This section lays down detailed rules for disposing of alcohol
obtained by distillation under Articles 27, 28 and 30 of Regulation (EC)
No 1493/1999, hereinafter referred to as ‘alcohol’.
Alcohol may be disposed of either for use in new industrial uses
(subsection I), for use in third countries in the fuel sector only
(subsection II), or for use as bio-ethanol in the Community (subsectionIII).
2. For the purposes of this Section, ‘tendering procedure’ shall mean
the organisation of a competition among interested parties in the form ofan invitation to tender or similar procedure, the contract being awardedto the party submitting the most advantageous tender complying with therules laid down in this Regulation.2000R1623 — EN — 25.08.2001 — 004.001 — 50
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Subsection I: Disposal of alcohol for new industrial uses
Article 79
Definitionofnewindustrialuses
Without prejudice to Article 31(2) of Regulation (EC) No 1493/1999,
the Commission may issue invitations to tender for the implementationwithin the Community of small-scale projects relating to new industrial
end uses such as:
(a) the heating of glasshouses,
(b) the drying of feedingstuffs,
(c) the fuelling of heating systems, including those at cement works,
and processing into goods exported for industrial purposes by operators
who have made use of inward processing arrangements at least once inthe previous two years, other than processing consisting solely of
redistillation, rectification, dehydration, purification or denaturing of the
alcohol.
If the intended use of the alcohol is export to third countries in the form
of manufactured goods, proof must be provided that authorisation was
granted during the previous two years to use alcohol from third countriesto manufacture under inward processing arrangements the same goods asthose exported.
Article 80
Openingtenderingprocedures
The Commission, acting in accordance with the procedure laid down in
Article 75 of Regulation (EC) No 1493/1999, shall issue an invitation totender for the disposal of alcohol obtained by distillation under Articles
27, 28 and 30 of that Regulation for new industrial uses. The quantities
of alcohol awarded under such tendering procedures shall not exceed400 000 hectolitres of alcohol at 100 % vol. per year.
Article 81
Notice ofinvitationtotender
Notices issuing invitations to tender shall be published in the Official
Journal of the European Communities .
Such notices shall specify:
(a) the special rules applicable to the tendering procedure and the names
and addresses of the intervention agencies concerned,
(b) the quantity of alcohol, expressed in hectolitres of alcohol at
100 % vol., covered by the tendering procedure,
(c) one or more vats constituting a lot in a given Member State,
(d) the minimum price which may be offered, differentiated where
appropriate according to the end uses,
(e) the amount of the tendering security required under Article 82(5)
and the performance guarantee required under Article 84(3)(b).
Article 82
Rulesapplicabletotenders
1. Apart from the information specified in Article 97 of this
Regulation, tenders shall indicate:
(a) the quantity of alcohol to which they relate, broken down by vat and
expressed in hectolitres of alcohol at 100 % vol.,
(b) the number(s) of the vat(s) in which the alcohol concerned is stored,
the vats all being situated in the same Member State,
(c) the precise industrial use of the alcohol,2000R1623 — EN — 25.08.2001 — 004.001 — 51
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(d) the type of goods to be exported if the alcohol is intended for export
to third countries in the form of manufactured goods.
2. Tenders may indicate that they are to be considered only if the
quantity to be awarded corresponds to the full quantity indicated in thetender.
3. Tenderers may submit only one tender for each type of alcohol,
end use and tendering procedure. If a tenderer submits more than one
tender per type of alcohol, end use or tendering procedure, none of thosetenders shall be admissible.
4. Tenders must reach the intervention agency of the Member State
concerned not later than 12 noon Brussels time on the closing date set
for the submission of tenders in the notice of invitation to tender. That
date must fall between the 15th and the 25th day after the date ofpublication of the notice of invitation to tender.
5. Tenders shall be valid only if proof is provided before the closing
date for the submission of tenders that a tendering security has been
lodged with the intervention agency concerned.
6. Not more than two working days after the closing date for
submission of tenders, the intervention agency concerned shallcommunicate to the Commission a list of the names of the tendererswhose tenders are eligible for consideration under Article 97 of this
Regulation, the prices offered, the quantities requested, the locations and
the types of alcohol concerned and the precise uses to be made of thealcohol.
Article 83
Awardofcontracts
1. The Commission, acting in accordance with Article 75 of
Regulation (EC) No 1493/1999, shall decide whether or not to awardcontracts in the light of the tenders submitted and, where appropriate,depending on the type of end use for which the alcohol is intended.
2. The Commission shall draw up a list of the tenders accepted,
listing the prices offered in decreasing order until the contracts awardedcover the entire quantity of alcohol specified in the notice of invitationto tender.
3. Where several admissible tenders relate fully or in part to the same
vats, the Commission shall allocate the quantity of alcohol concerned tothe tenderer submitting the tender with the highest absolute value.
When making its decision under paragraph 1 of this Article in cases
referred to in the first subparagraph where some tenders cannot be met,
the Commission may propose to the tenderers concerned that their
tenders be accepted for a replacement quantity of alcohol of the sametype. In such cases, the relevant tenders shall be deemed to have beenaccepted provided that the tenderers in question do not express theirobjection to such transfer in writing to the intervention agency
concerned within 10 working days from the date of notification of the
Commission decisions referred to in (a) in paragraph 5 of this Article.
To that end, the Commission decision shall indicate the vat in which the
replacement quantity of alcohol is stored, in agreement with theintervention agency concerned.
4. Should several tenders propose the same price so that the quantity
of alcohol tendered for exceeds the quantity covered by the tenderingprocedure, the intervention agency concerned shall award the quantity inquestion:
(a) either in proportion to the quantities specified in the tenders
concerned,
(b) or by dividing that quantity among the tenderers by agreement with
them,
(c) or by drawing lots.2000R1623 — EN — 25.08.2001 — 004.001 — 52
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5. The Commission shall:
(a) notify the decisions taken under this Article only to those Member
States and intervention agencies holding alcohol for which tenders
have been accepted,
(b) publish the results of the tendering procedure in a simplified form in
theOfficial Journal of the European Communities .
Article 84
Statementofaward
1. The intervention agency shall notify tenderers in writing, without
delay against a receipt, of the decision taken on their tenders.
2. The intervention agency shall hold a statement of award at the
disposal of each successful tenderer certifying that their tender has beenaccepted.
Where the Commission proposes substitution under Article 83(3) and
the tenderer does not object, the intervention agency concerned shallissue the statement of award referred to in the first subparagraph on theworking day following the expiry of the time limit specified in the lastsentence of the second subparagraph of Article 83(3).
3. Within two weeks following the date of receipt of the notification
of award referred to in paragraph 1 of this Article and, where the second
subparagraph of paragraph 2 is applied, within the two weeks followingthe date of issue of the statement of award, each successful tenderershall:
(a) obtain the statement of award referred to in paragraph 2 from the
intervention agency,
(b) provide the intervention agency concerned with proof that a
performance security has been lodged to ensure that the alcohol inquestion is in fact used for the purposes specified in the tender.
Article 85
Removalofthealcohol
1. The alcohol may be removed on presentation of a removal order
issued by the intervention agency once the quantity to be removed hasbeen paid for. That quantity shall be determined to the nearest hectolitreof alcohol at 100 % vol.
2. Ownership of the alcohol covered by a removal order shall be
transferred on the date indicated in the order, which may not be more
than five days after its date of issue, and the quantities concerned shallbe deemed to have been removed on that date. From then on, thepurchaser shall be responsible for any theft, loss or destruction and forthe storage costs of any alcohol awaiting removal.
3. The removal order shall state the date by which the alcohol must
be physically removed from the storehouse of the intervention agency
concerned.
4. All the alcohol must have been removed four months after the date
of receipt of the notification of award.
5. The alcohol must be fully used within two years from the date of
first removal.
Subsection II: Disposal of alcohol for use in third countries in the fuel
sector only
Article 86
Rulesapplicabletotenderingprocedurescoveredbythissubsection
The Commission, acting in accordance with the procedure laid down in
Article 75 of Regulation (EC) No 1493/1999, shall issue several2000R1623 — EN — 25.08.2001 — 004.001 — 53
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invitations to tender every quarter, each relating to at least 50 000
hectolitres of wine alcohol and, taken together, relating to not more than600 000 hectolitres of alcohol at 100 % vol each quarter, for export to
certain third countries for end use in the motor-fuel sector only.
The alcohol concerned must:
1) be imported into and dehydrated in one of the following third
countries:
(a) Costa Rica
(b) Guatemala
(c) Honduras, including the Swan Islands
(d) El Salvador
(e) Nicaragua
(f) Saint Kitts and Nevis
(g) Bahamas
(h) Dominican Republic
(i) Antigua and Barbuda
(j) Dominica
(k) British Virgin Islands and Montserrat
(l) Jamaica
(m) Saint Lucia
(n) Saint Vincent, including the North Grenadines
(o) Barbados(p) Trinidad and Tobago
(q) Belize
(r) Grenada, including the South Grenadines
(s) Aruba
(t) Netherlands Antilles (Curaçao, Bonaire, Saint Eustatius, Saba
and the southern part of Saint Martin)
(u) Guyana
(v) United States Virgin Islands
(w) Haiti
2) be used exclusively in the fuel sector in a third country.
Article 87
Notice ofinvitationtotender
1. Notices issuing invitations to tender shall be published in the
Official Journal of the European Communities .
Such notices shall specify:
(a) the formalities for the submission of tenders,
(b) the final use and/or destination for which the alcohol is intended,
(c) the minimum price which may be offered,
(d) the Commission department to which tenders should be sent,
(e) the time limit for removal of the alcohol stipulated in Article 91(10)
of this Regulation,
(f) the formalities for obtaining samples,
(g) the payment terms,
(h) whether the alcohol is to be denatured.
2. Each notice of invitation to tender shall relate to a single lot,
although the alcohol constituting the lot may be located in severalMember States.2000R1623 — EN — 25.08.2001 — 004.001 — 54
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3. Notices of invitation to tender may rule out some of the
destinations listed in point 1 of Article 86.
Article 88
Tenders
1. Tenderers may submit only one tender in response to each
invitation to tender under this subsection; if a tenderer submits morethan one, none of those tenders shall be admissible.
2. To be eligible for consideration, tenders must indicate the final
destination of the alcohol awarded and contain an undertaking by thetenderer to comply with that destination.
3. Tenders must also include proof, dated after the notice of invitation
to tender, that the tenderer has binding commitments to an operator in
the fuel sector in one of the third countries listed in Article 86 of this
Regulation who undertakes to dehydrate the awarded alcohol in one ofthose countries and to export it exclusively for use in the fuel sector.
4. Tenders must reach the competent Commission department no
later than 12 noon Brussels time on the closing date set for thesubmission of tenders in the notice of invitation to tender.
5. Tenders shall be valid only if proof has been provided, before the
closing date for the submission of tenders, that a tendering security hasbeen lodged with each intervention agency concerned.
The tendering security, amounting to EUR 4 per hectolitre of alcohol at
100 % vol., shall be lodged for the entire quantity put up for sale.
6. For the purposes of paragraph 5, the intervention agencies
concerned:
(a) shall immediately issue tenderers with a statement certifying that the
tendering security has been lodged for the quantities for which each
intervention agency is responsible,
(b) shall forward a list of the tendering securities checked and accepted
to the Commission not more than two working days after the closing
date for submission of tenders.
7. For the purposes of the tendering security, the primary require-
ments within the meaning of Article 20 of Commission Regulation(EEC) No 2220/85 shall be that tenders not be withdrawn after theclosing date for their submission and that a security to ensure export
and/or a performance guarantee be lodged.
Article 89
Awardofcontracts
1. The Commission, acting in accordance with the procedure laid
down in Article 75 of Regulation (EC) No 1493/1999, shall decide as
quickly as possible whether or not to award contracts in the light of the
tenders submitted.
2. Should a contract be awarded, the Commission shall accept the
most favourable tender. If two or more tenders quote the same price, theCommission shall make the award by drawing lots.
3. The Commission shall:
(a) inform tenderers in writing against a receipt if their tenders have not
been accepted,
(b) notify the Member States holding the alcohol and the successful
tenderer of its decision to award the alcohol,
(c) publish the results of the tendering procedure in a simplified form in
theOfficial Journal of the European Communities .
4. The tendering securities required under Article 88(5) of this
Regulation shall be released where tenders are not accepted and once thesuccessful tenderer has lodged in full both the export security and theperformance guarantee for the tendering procedure concerned.2000R1623 — EN — 25.08.2001 — 004.001 — 55
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Article 90
Statementofaward
The intervention agency shall hold a statement of award at the disposal
of successful tenderers certifying that their tender has been accepted.
Statements must be issued no more than 20 days after receipt of the
notification from the Commission referred to in Article 89(3) of thisRegulation.
Article 91
Removalofthealcohol
1. The intervention agency holding the alcohol and the successful
tenderer shall agree on a provisional timetable for the removal of thealcohol.
2. Before any alcohol is removed and no later than the day on which
the removal order is issued, successful tenderers shall lodge two
securities with the intervention agency: one to ensure that the alcohol is
exported within the time allowed and the other by way of a performanceguarantee.
3. The performance guarantee shall amount to EUR 30 per hectolitre
of alcohol at 100 % vol.
4. The export security shall amount to EUR 3 per hectolitre of
alcohol at 100 % vol. and shall be lodged for each quantity of alcoholcovered by a removal order.
5. Before the awarded alcohol is removed, the intervention agency
and the successful tenderer shall take a reference sample and analyse it
to verify the alcoholic strength of the alcohol, expressed in % vol.
If the final result of the analyses of this sample reveals a discrepancy
between the alcoholic strength by volume of the alcohol to be removed
and the minimum alcoholic strength by volume of the alcohol specifiedin the notice of invitation to tender, the following rules shall apply:
(a) the intervention agency shall inform the Commission, the storer and
the successful tenderer thereof on the same day;
(b) the successful tenderer may:
(i) either agree to take over the lot with the characteristics
determined by the analysis, provided the Commission so agrees,
(ii) or refuse to take over the lot concerned.
In either case, the successful tenderer shall inform the intervention
agency and the Commission on the same day, in the manner specified in
Annex V to this Regulation.
Once this requirement has been met, successful tenderers who refuse to
take over the lot concerned shall be immediately released from allobligations relating to that lot.
6. Where a successful tenderer refuses the merchandise, in accor-
dance with paragraph 5, the intervention agency concerned shall supplyanother quantity of alcohol of the required quality at no additional costwithin no more than eight days.
7. The alcohol may be removed on presentation of a removal order
issued by the intervention agency holding the alcohol once the quantity
to be removed has been paid for. That quantity shall be determined tothe nearest hectolitre of alcohol at 100 % vol.
Each removal order shall cover a quantity of at least 2 500 hectolitres,
except in the case of the last removal in each Member State.
The removal order shall state the date by which the alcohol must be
physically removed from the storehouse of the intervention agencyconcerned. That date may be no more than five days later.
8. Ownership of the alcohol covered by a removal order shall be
transferred on the date indicated in the order, which may be no more2000R1623 — EN — 25.08.2001 — 004.001 — 56
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than five days later, and the corresponding quantities shall be deemed to
have been removed on that date. From then on, the purchaser shall beresponsible for any theft, loss or destruction and for the storage costs of
any alcohol awaiting removal.
9. If, by the fault of the intervention agency, the alcohol cannot be
physical removed until more than five working days after the date on
which the successful tenderer agreed to remove the lot, the MemberState shall be required to bear any losses sustained.
10. All the alcohol must have been physically removed from the
storehouses of each intervention agency concerned within six months.
11. The alcohol must be fully used within two years from the date of
first removal.
12. The intervention agency concerned shall release the export
security for each quantity of alcohol for which it receives proof of exportwithin the time limit allowed. Notwithstanding Article 23 of Regulation(EEC) No 2220/85 and except in cases of forcemajeure , where the time
limit for export is exceeded the following percentages of the exportsecurity of EUR 3 per hectolitre of alcohol at 100 % vol shall be forfeit:
(a) 15 % in all cases;
(b) 0,33 % of the amount remaining after 15 % has been deducted for
each day by which the time limit for export has been exceeded.
13. The performance guarantee shall be released in accordance with
Article 100(3)(b) of this Regulation.
Subsection III: Disposal for use as bio-ethanol in the Community
Article 92
Rulesapplicabletodisposalcoveredbythissubsection
1. Within three months of the decision referred to in Article 89 of this
Regulation, the Commission, acting in accordance with the procedure
laid down in Article 75 of Regulation (EC) No 1493/1999, may start
public sales with a view to disposing of the alcohol.
2. The alcohol shall be awarded to firms established in the European
Community and must be used in the fuel sector.
3. A list of firms approved for such purposes shall be drawn up. The
list shall be published in the ‘C’ series of the Official Journal of the
European Communities and updated regularly.
The Member States shall notify the Commission of the names of the
firms they deem eligible, and which have presented an application withthe following supporting documents:
— a declaration by the firm stating that it is capable of using at least
50 000 hl of alcohol a year,
— the location of the firm's administrative offices and the plant where
the alcohol is processed,
— a copy of the plans of the plant for producing bio-ethanol for the fuel
sector, and an indication of production capacity and type,
— a copy of the authorisation from the national authorities to operate
the plant,
— certificates from the national authorities attesting that the plant uses
only alcohol as bio-ethanol, and that the bio-ethanol is used only inthe fuel sector,
— the location of the administrative offices of the refining companies
authorised to distribute fuel up to the consumption stage, unless theapproved firm deals with distribution itself.
The Commission shall assess the eligibility of the firm on the basis of
the documents and shall inform the applicant firms of the outcome ofthis assessment.2000R1623 — EN — 25.08.2001 — 004.001 — 57
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Article 93
Public sale
1. Notices of public sale of alcohol shall be published in the Official
Journal of the European Communities .
Such notices shall specify:
(a) the volume of alcohol offered for sale,
(b) the vats and their location,
(c) the sale price,
(d) the amount of the performance guarantee; however, firms may
choose to lodge a standing guarantee instead of a guarantee for eachsale,
(e) the formalities for obtaining samples,
(f) the payment terms.
2. The quantity of alcohol offered for sale shall be split into lots of
equal size. The Commission shall determine the composition of the lots.
Unless the Commission decides otherwise in accordance with theprocedure laid down in Article 75 of Regulation (EC) No 1493/1999, alot shall be made for each firm on the approved list and each firm on thelist shall be allocated a lot. Should a firm not accept the alcohol offeredfor sale, it must notify the Commission and the intervention agency
thereof no more than 30 days after the date of publication of the notice
of public sale of alcohol. Alcohol which has not been accepted shall bereleased from the prohibition on physical movement under Article 95(2)of this Regulation from the date on which the refusal was notified andmay be sold during a subsequent sale.
3. The alcohol shall be sold at the highest price awarded during the
most recent tendering procedure as referred to in subsection II of
Chapter III, plus an amount per hectolitre fixed in accordance with theprocedure laid down in Article 75 of Regulation (EC) No 14933/1999.
4. The Commission shall notify the Member States holding the
alcohol and the firms concerned of the award of the alcohol.
5. Except where they have lodged a standing security, within 30 days
of the date of the notification referred to in paragraph 2, purchasing
firms shall supply proof that they have lodged a performance guarantee
with the intervention agency concerned to ensure that the alcohol is usedas bio-ethanol in the fuel sector.
6. All the alcohol must be removed no more than three months after
the date of notification of the Commission's decision to award the sale.
Article 94
Removalofthealcohol
Article 91(1), (7), (8) and (11) of this Regulation shall apply to public
sales.
Subsection IV: General provisions and control arrangements
Article 95
Rulesapplicabletoalcohol
1. With a view to drawing up notices of invitation to tender and
public sale, the Commission shall request each Member State concerned
to inform it of:
(a) the quantity of alcohol, expressed in hectolitres of alcohol at
100 % vol., that may be offered for sale,
(b) the type of alcohol concerned,
(c) the quality of the lots of alcohol, laying down maximum and
minimum values for the characteristics referred to inArticle 96(4)(d)(i) and (ii) of this Regulation.2000R1623 — EN — 25.08.2001 — 004.001 — 58
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No more than 12 days after receiving this request, the Member States
concerned shall inform the Commission of the exact location andreferences of the various vats of alcohol meeting the quality
requirements and containing a total quantity of alcohol not less than
that referred to in (a) in the first subparagraph of this paragraph.
2. Once the information referred to in the second subparagraph of
paragraph 1 has been forwarded to the Commission, the alcohol in the
vats concerned may not be moved until a removal order covering it hasbeen issued.
This prohibition shall not relate to alcohol in vats not covered by the
notices of invitation to tender or public sale concerned or not specified
in the Commission decision referred to in Articles 83 to 93.
For logistical reasons in particular, the intervention agencies holding the
vats of alcohol specified in the notification from the Member States
referred to in paragraph 1 may replace the alcohol concerned with otheralcohol of the same type or mix it with other alcohol delivered to theintervention agency until a removal order is issued for the alcoholconcerned. The intervention agencies of the Member States shall notify
the Commission that the alcohol has been replaced.
3. Each month the Member States holding alcohol covered by a
tendering procedure or a public sale shall inform the Commission of theprogress made with the physical removal of the alcohol concerned.
Article 96
Rulesapplicabletolots
1. The alcohol shall be sold in lots.2. A lot shall consist of a quantity of alcohol of sufficiently uniform
quality, which may be contained in several vats and kept at severallocations and in several Member States.
3. Each lot shall be numbered. The letters ‘EC’ shall precede the
numbers of the lots.
4. Each lot shall be described. At least the following information
shall be given:
(a) the location of the lot, including a reference identifying each vat
containing the alcohol, and the quantity of alcohol in each vat;
(b) the total quantity, expressed in hectolitres of alcohol at 100 % vol.
The quantity may vary up to 1 %;
(c) the minimum alcoholic strength of the alcohol in each vat, expressed
in % vol.;
(d) if possible, the quality of the lot, specifying upper and lower limits
for the following:
(i) the acidity, expressed in grams of acetic acid per hectolitre of
alcohol at 100 % vol.,
(ii) the methanol content, expressed in grams per hectolitre of
alcohol at 100 % vol.;
(e) reference to the intervention measure which gave rise to the
production of the alcohol, specifying the relevant Article ofRegulation (EC) No 1493/1999.
5. Where a tendering procedure concerns more than two lots, only the
first lot or the first two lots, of one million hectolitres of alcohol at100 % vol., shall be described in accordance with paragraph 4.2000R1623 — EN — 25.08.2001 — 004.001 — 59
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Article 97
General rulesapplicabletotenders
1. To be eligible for consideration, tenders must be submitted in
writing and must include, in addition to the specific information referredto in subsections I or II:
(a) the reference number of the notice of invitation to tender,
(b) the name and address of the tenderer,
(c) the price proposed, expressed in euros per hectolitre of alcohol at
100 % vol.,
(d) an undertaking from tenderers to comply with all the rules
applicable to the tendering procedure concerned,
(e) a statement by tenderers to the effect that:
(i) they waive all claims in respect of the quality and character-
istics of the alcohol awarded to them,
(ii) they agree to submit to any checks made on the destination and
use of the alcohol,
(iii) they accept that it is their responsibility to provide evidence that
the alcohol is used as specified in the notice of invitation totender.
2. Tenders shall be valid only if:
(a) the tenderer is established in the Community,
(b) they relate to the entire lot.
3. Tenders eligible for consideration may not be withdrawn.4. Tenders may be rejected if tenderers do not provide all the
necessary guarantees that they will carry out their obligations.
Article 98
Samples
1. From the publication of a notice of invitation to tender to the
closing date for the submission of tenders in response to that invitation,interested parties may obtain samples of the alcohol put up for saleagainst payment of EUR 10 per litre. The quantity made available to
individual interested parties may not exceed five litres per vat. For
disposal under subsection III, samples may be obtained for the sameconsideration in the 30 days following the notice of public sale.
2. After the closing date for the submission of tenders or after 30 days
following the notice of public sale:
(a) tenderers or approved firms as referred to in Article 92 may obtain
samples of the alcohol awarded;
(b) tenderers offered replacement alcohol pursuant to Article 83(3) may
obtain samples of the replacement alcohol proposed.
Such samples, which may not exceed five litres per vat, may be obtained
from the intervention agency against payment of EUR 10 per litre.
3. The intervention agency of the Member State in whose territory
the alcohol is held shall take the necessary steps to enable interestedparties to avail themselves of the right referred to in paragraph 2.
4. If a successful tenderer or approved firm finds, before the date set
in Article 92, Article 85, Article 91 or Article 94 of this Regulation forremoval of the lot of alcohol concerned, that a quantity of alcohol
awarded is unsuitable for the uses planned owing to hidden defects that
by their nature could not be discovered at the time when it was possiblefor a check to be made before the alcohol was awarded, the Commissionmay indicate a replacement quantity, in agreement with the relevantintervention agency, provided the latter confirms the tenderer's finding.The vat in which the replacement quantity is stored shall be determined2000R1623 — EN — 25.08.2001 — 004.001 — 60
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in agreement with the intervention agency concerned. Where tenderers
do not object to the transfer by writing to the intervention agencyconcerned within ten working days of the date of notification of the
Commission's decision indicating the replacement quantity, they shall be
deemed to have agreed to the substitution.
Article 99
Requirementsapplicabletodenaturingand/ormarking
1. If alcohol is to be denatured, the operation must take place under
the supervision of the Member States concerned between the time whenthe removal order is handed over and the time when the alcohol isphysically removed. The cost of such denaturing shall be borne by thesuccessful tenderer.
2. Denaturing shall involve adding petrol, in the ratio of 1:100, to the
quantity of alcohol at 100 % vol.
3. Denaturing may be carried out in a vat provided for this purpose.
Article 100
Requirementsapplicabletosecurities
For the purposes of this Regulation:1) (a) for the purposes of the tendering security, the primary
requirements within the meaning of Article 20 of Regulation(EEC) No 2220/85 shall be that tenders not be withdrawn afterthe closing date for their submission and that a performance
guarantee be lodged;
(b) for the purposes of the performance guarantee, the primary
requirements within the meaning of Article 20 of Regulation(EEC) No 2220/85 shall be that the alcohol removed be actuallyused for the purposes specified under the relevant tendering
procedure and that the entire quantity of alcohol be physically
removed from the stores of each intervention agency concernedwithin the time allowed.
2) (a) The alcohol awarded must be used entirely for the purposes
specified in the invitation to tender concerned, allowing for any
losses of alcohol during the transport or processing operationsrequired for the final use of the alcohol.
Each individual loss of alcohol shall be accepted only if it has
been checked at the final destination and, in the case of alcohol
for export, at the place where it left the customs territory of the
Community, and certified by the competent inspection authorityand/or international surveillance firm where such a firm has beenappointed under Article 102, provided that such losses are withinthe limits specified in point (b) below.
(b) Where alcohol losses during the operations referred to below
exceed the following limits, EUR 96 per hectolitre shall bewithheld from the performance guarantee, except in cases offorce majeure :
(i) 0.05 % of the quantities of alcohol stored per month in the
case of an alcohol loss due to evaporation,
(ii) 0.4 % of the quantities of alcohol removed from storage in
the case of an alcohol loss due to one or more land
transport operations,
(iii) 1 % of the quantities of alcohol removed from storage in
the case of alcohol losses due to one or more land transport
operations combined with one or more sea or inlandwaterway transport operations,
(iv) 2 % of the quantities of alcohol removed from storage in
the case of alcohol losses due to land and sea transportrequired in connection with a tendering procedure forexport of alcohol to one of the third countries listed inArticle 86 of this Regulation,2000R1623 — EN — 25.08.2001 — 004.001 — 61
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(v) 0.9 % of the quantities of alcohol rectified in the case of an
alcohol loss due to rectification in the Community,
(vi) 0.9 % of the quantities of alcohol dehydrated in the case of
an alcohol loss due to dehydration in the Community,
(vii) 1.2 % of the quantities of alcohol rectified in the case of an
alcohol loss due to rectification in one of the third countrieslisted in Article 86 to this Regulation,
(viii) 1.2 % of the quantities of alcohol dehydrated in the case of
an alcohol loss due to dehydration in one of the thirdcountries listed in Article 86 to this Regulation.
The fifth and/or sixth percentage may be added to the second and
third percentages.
The seventh and/or eighth percentage may be added to the fourth
percentage.
When applying the abovementioned percentages, the quantities
of alcohol shall be determined on the basis of tonnage certificatesor similar documents issued by the competent inspectionauthorities.
(c) In the case of alcohol awarded for a new industrial use and under
public sales for the use of bio-ethanol in the motor-fuel sector in
the Community which must be rectified prior to utilisation for theend use specified, the alcohol removed shall be deemed to havebeen used entirely for the purpose specified where at least 90 %of the total quantities of alcohol removed under an invitation totender or a public sale is used for that purpose; the successful
tenderer or the approved firm that has agreed to purchase the
alcohol shall inform the Commission and the intervention agencyof the quantity, destination and use of the products which haveundergone rectification. However, losses may not exceed thelimits specified in point (b).
3) (a) The tendering security shall be released immediately if the tender
has not been accepted or if the successful tenderer has met the
requirements laid down in paragraph 1(a).
(b) The performance guarantee shall be released immediately by
each of the intervention agencies holding alcohol once the
successful tenderer provides them each with the proof required in
points 2 and 3 and in Title V of Regulation (EEC) No 2220/85,for the relevant quantity removed.
(c) Notwithstanding Article 27 of Regulation (EEC) No 2220/85,
10 % of the performance guarantee shall be withheld until thesuccessful tenderer provides each intervention agency concernedwith proof that the relevant quantity of alcohol removed has beenused, indicating any losses of alcohol in connection with the
tendering procedure concerned. If such proof is not produced
within 12 months after the date specified for the final use of thealcohol, EUR 96 per hectolitre shall be withheld on the quantitiesof alcohol lost over and above the limits specified in paragraph 2.
Article 101
Controlarrangements
1. The Member States concerned shall take the necessary steps to
facilitate operations under this Chapter and to ensure that the applicableCommunity rules are complied with. They shall designate one or morebodies to be responsible for checking compliance with those rules.2000R1623 — EN — 25.08.2001 — 004.001 — 62
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The checks shall be at least equivalent to those used to monitor home-
produced alcohol but must include:
(a) physical checks on the quantity of alcohol transported,
(b) verification of the use made of the alcohol, by frequent spot checks
at least once per month,
(c) verification of accounts, records, utilisation procedures and stocks.
If the alcohol has been denatured checks shall be made at least every
two months.
2. The Member States shall determine which documents, records and
other supporting evidence or information must be supplied by thesuccessful tenderer. They shall inform the Commission of the checks
they introduce to apply paragraph 1. The Commission shall send the
Member State concerned any comments required to ensure that checksare effective.
3. The measures taken by the Member States shall be notified to the
Commission before the checks start.
Article 102
Useofsurveillance firms
The notice of invitation to tender may stipulate that an international
surveillance firm is to be used to check on the proper conduct of thetendering procedure, particularly the final destination and/or end use ofthe alcohol. The cost of such services shall be borne by the successfultenderer, as shall the cost of analysis and verification pursuant to
Article 99 of this Regulation.
TITLEIV
FINALPROVISIONS
Article 103
NotificationstotheCommission
1. The Member States shall communicate to the Commission:
(a) for distillation under Article 29 of Regulation (EC) No 1493/1999,
every month:
(i) the quantities of wine distilled,
(ii) the quantities of alcohol concerned by secondary aid
(b) every two months, for each type of distillation under Articles 27, 28
and 30 of Regulation (EC) No 1493/1999:
(i) the quantities of wine, wine lees and fortified wine distilled,
(ii) distinguishing where applicable between neutral alcohol, raw
alcohol and spirits:
— quantities produced during the previous period,
— quantities taken over by their intervention agencies under
Community or national rules during the previous period,
— quantities disposed of by those intervention agencies during
the previous period,
— quantities held by those intervention agencies at the end of
the previous period.
In the case of quantities disposed of by the intervention agencies, the
Member States concerned shall also communicate the selling prices
charged and indicate whether the products have been consigned
within the Community or exported;
(c) ten days before the end of every quarter, the outcome of applications
invokingforcemajeure and the steps taken in those instances by the
competent authorities in the cases referred to in:
(i) Article 9,
(ii) Article 10,2000R1623 — EN — 25.08.2001 — 004.001 — 63
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(iii) Article 11(3),
(iv) Article 15,
(v) Article 16,
(vi) Article 20(4), (5) and (6),
(vii) Article 36,
(viii) Article 37,
(ix) Article 72,
(x) Article 75(1),
(xi) Article 100(2)(b);
(d) not later than 31 December of the current wine year, for private
storage aid under Chapter I of Title III of Regulation (EC) No 1493/1999 and Title II of this Regulation:
— the quantities of grape must processed into concentrated grape
must or rectified concentrated grape must during the period of
validity of the contract, and the quantities obtained thereby;
(e) not later than 5 March of the current wine year:
— for private storage aid under Chapter I of Title III of Regulation
(EC) No 1493/1999 and Title II of this Regulation:
— the quantities of products under contract on 16 February;
— for aid under Article 34 of Regulation (EC) No 1493/1999 and
Chapter II of Title I of this Regulation:
— the number of producers who have received aid,
— the quantities of wine enriched,
— the quantities of concentrated grape must and rectified
concentrated grape must used for enrichment expressed indegrees of potential alcoholic strength by vol. per hectolitre;
(f) for the previous wine year, not later than 30 April:
(i) for aid under Article 35(1)(a) of Regulation (EC) No 1493/1999
and Chapter I of Title I of this Regulation:
— the quantities of raw materials covered by aid applications,
broken down by type of raw material and by wine-growing
zone of origin;
— the quantities of raw materials for which aid has been
granted, broken down by type of raw material and by wine-growing zone of origin;
(ii) in the case of aid as referred to in Article 35(1)(b) and (c) of
Regulation (EC) No 1493/1999 and Chapter II of Title I of thisRegulation:
— the quantities of grape must and concentrated grape must
covered by aid applications, broken down by wine-growing
zone of origin;
— the quantities of grape must and concentrated grape must in
receipt of aid, broken down by wine-growing zone of origin;
— the prices paid by manufacturers and operators for the grape
must and concentrated grape must;
(iii) cases where distillers or fortifiers of wine for distillation have
not fulfilled their obligations and the action taken in
consequence.
Article 104
Datesandtimelimits
The periods, dates and time limits referred to in this Regulation shall be
determined in accordance with Regulation (EEC, Euratom) No 1182/71.However, Article 3(4) of that Regulation shall not apply whendetermining the duration of storage periods under Title II of thisRegulation.2000R1623 — EN — 25.08.2001 — 004.001 — 64
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Article 105
Repeal
Regulations (EEC) No 2682/77, No 1059/83, No 3461/85, No 441/88,
No 2598/88, No 2640/88, No 2641/88, No 2721/88, No 2728/88,
No 3105/88, No 1238/92, No 377/93 and No 2192/93 are hereby
repealed.
Article 106
Entryintoforce
This Regulation shall enter into force on the twentieth day following its
publication in the Official Journal of the European Communities .
It shall apply from 1 August 2000.However, the following Regulations shall continue to apply until
31 August 2000 to products from the 1999/2000 wine year:
— Regulation (EEC) No 1059/83,
— Regulation (EEC) No 2640/88,— Regulation (EEC) No 2641/88,— Regulation (EEC) No 2721/88,— Regulation (EEC) No 2728/88,
— Regulation (EEC) No 3105/88.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.2000R1623 — EN — 25.08.2001 — 004.001 — 65
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ANNEX I
Table of equivalence between the potential alcoholic strength and the
readingsat20ºCfromarefractometerusedinaccordancewiththemethod
laid down in Annex XVIII to Regulation (EC) No 1622/2000 establishing a
Communitycodeofoenologicalpractices andprocesses
(Article 13 of this Regulation)
Refractomete, reading
% (p/p)Potential alcoholic strenghth
(% vol)
Concentrated must Rectified concentrated must
50,9 34,62
51,0 34,6951,1 34,7651,2 34,8251,3 34,8951,4 34,9651,5 35,0651,6 35,16
51,7 35,25
51,8 35,3551,9 35,45 39,0752,0 35,55 39,1752,1 35,63 39,2652,2 35,70 39,3552,3 35,77 39,4552,4 35,85 39,5452,5 35,95 39,6352,6 36,05 39,7352,7 36,14 39,8352,8 36,23 39,9352,9 36,32 40,02
53,0 36,41 40,12
53,1 36,49 40,2253,2 36,56 40,3053,3 36,63 40,4053,4 36,71 40,5053,5 36,81 40,5953,6 36,91 40,6953,7 37,01 40,7953,8 37,11 40,8953,9 37,20 40,9954,0 37,30 41,0954,1 37,38 41,18
54,2 37,45 41,28
54,3 37,53 41,3754,4 37,60 41,4754,5 37,69 41,5654,6 37,78 41,6654,7 37,87 41,762000R1623 — EN — 25.08.2001 — 004.001 — 66
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Refractomete, reading
% (p/p)Potential alcoholic strenghth
(% vol)
Concentrated must Rectified concentrated must
54,8 37,94 41,86
54,9 38,02 41,9555,0 38,09 42,04
55,1 38,16 42,14
55,2 38,26 42,2355,3 38,36 42,3355,4 38,46 42,44
55,5 38,56 42,54
55,6 38,66 42,6455,7 38,76 42,7455,8 38,86 42,8355,9 38,95 42.93
56,0 39,06 43.04
56,1 39,12 43.1356,2 39,19 43.2356,3 39,26 43.32
56,4 39,32 43.42
56,5 39,42 43.5256,6 39,52 43.6256,7 39,62 43.7256,8 39,72 43.81
56,9 39,82 43.92
57,0 39,92 44.0257,1 39,99 44.1257,2 40,07 44.22
57,3 40,14 44.31
57,4 40,21 44.4157,5 40,31 44.5157,6 40,41 44.6157,7 40,51 44.71
57,8 40,60 44.81
57,9 40,69 44.9158,0 40,78 45.0158,1 40,85 45.11
58,2 40,93 45.21
58,3 40,99 45.3058,4 41,08 45.4058,5 41,17 45.5058,6 41,27 45.61
58,7 41,37 45.71
58,8 41,47 45.8058,9 41,57 45.9159,0 41,67 46,0159,1 41,77 46.11
59,2 41,87 46.22
59,3 41,97 46.322000R1623 — EN — 25.08.2001 — 004.001 — 67
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Refractomete, reading
% (p/p)Potential alcoholic strenghth
(% vol)
Concentrated must Rectified concentrated must
59,4 42,06 46,43
59,5 42,14 46.5359,6 42,23 46.64
59,7 42,31 46.74
59,8 42,38 46.8359,9 42,46 46.9360,0 42,53 47.03
60,1 42,63 47.12
60,2 42,73 47.2360,3 42,83 47.3460,4 42,93 47.4460,5 43,03 47.55
60,6 43,12 47.65
60,7 43,20 47.7560,8 43,27 47.8560,9 43,35 47,94
61,0 43,42 48,04
61,1 43,51 48,1461,2 43,60 48,2561,3 43,69 48,3661,4 43,79 48,46
61,5 43,89 48,57
61,6 43,99 48,6761,7 44,08 48,7961,8 44,18 48,89
61,9 44,28 48,99
62,0 44,38 49,1062,1 44,48 49,2062,2 44,58 49,3062,3 44,65 49,40
62,4 44,73 49,50
62,5 44,80 49,6062,6 44,88 49,7162,7 44,97 49,81
62,8 45,05 49,91
62,9 45,14 50,0263,0 45,24 50,1263,1 45,34 50,2363,2 45,44 50,34
63,3 45,54 50,45
63,4 45,64 50,5663,5 45,74 50,6763,6 45,84 50,7763,7 45,94 50,88
63,8 46,03 50,99
63,9 46,11 51,082000R1623 — EN — 25.08.2001 — 004.001 — 68
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Refractomete, reading
% (p/p)Potential alcoholic strenghth
(% vol)
Concentrated must Rectified concentrated must
64,0 46,18 51,18
64,1 46,26 51,2964,2 46,33 51,39
64,3 46,42 51,49
64,4 46,51 51,6064,5 46,60 51,7164,6 46,70 51,81
64,7 46,80 51,92
64,8 46,90 52,0364,9 46,99 52,1465,0 47,09 52,2565,1 47,21 52,36
65,2 47,31 52,46
65,3 47,41 52,5765,4 47,51 52,6865,5 47,61 52,79
65,6 47,71 52,90
65,7 47,82 53,0165,8 47,92 53,1265,9 48,02 53,2266,0 48,12 53,34
66,1 48,21 53,44
66,2 48,30 53,5466,3 48,40 53,6466,4 48,49 53,75
66,5 48,58 53,86
66,6 48,67 53,9666,7 48,76 54,0866,8 48,86 54,1866,9 48,95 54,29
67,0 49,04 54,40
67,1 49,14 54,5167,2 49,23 54,6267,3 49,33 54,73
67,4 49,42 54,83
67,5 49,52 54,9567,6 49,61 55,0667,7 49,71 55,1767,8 49,81 55,28
67,9 49,90 55,40
68,0 50,00 55,5068,1 50,10 55,6168,2 50,20 55,7268,3 50,30 55,83
68,4 50,40 55,94
68,5 50,50 56,062000R1623 — EN — 25.08.2001 — 004.001 — 69
▼B
Refractomete, reading
% (p/p)Potential alcoholic strenghth
(% vol)
Concentrated must Rectified concentrated must
68,6 50,60 56,16
68,7 50,70 56,2868,8 50,80 56,38
68,9 50,90 56,50
69,0 50,99 56,6169,1 51,09 56,7269,2 51,19 56,83
69,3 51,28 56,94
69,4 51,38 57,0669,5 51,47 57,1769,6 51,57 57,2869,7 51,66 57,39
69,8 51,76 57,51
69,9 51,86 57,6270,0 51,95 57,7270,1 52,05 57,84
70,2 52,14 57,95
70,3 52,24 58,0770,4 52,33 58,1870,5 52,43 58,2970,6 52,53 58,41
70,7 52,62 58,52
70,8 52,72 58,6370,9 52,81 58,7471,0 57,91 58,86
71,1 53,01 58,97
71,2 53,11 59,0971,3 53,21 59,2071,4 53,31 59,3171,5 53,41 59,42
71,6 53,51 59,53
71,7 53,61 59,6571,8 53,71 59,7671,9 53,81 59,88
72,0 53,91 59,99
72,1 54,00 60,1172,2 54,10 60,2272,3 54,20 60,3372,4 54,30 60,45
72,5 54,40 60.56
72,6 54,50 60.6872,7 54,60 60.7972,8 54,70 60.9172,9 54,80 61.02
73,0 54,90 61.14
73,1 55,00 61.252000R1623 — EN — 25.08.2001 — 004.001 — 70
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Refractomete, reading
% (p/p)Potential alcoholic strenghth
(% vol)
Concentrated must Rectified concentrated must
73,2 55,10 61.37
73,3 55,20 61.4873,4 55,30 61.60
73,5 55,40 61.72
73,6 55,50 61.8373,7 55,60 61.9473,8 55,70 62.06
73,9 55,80 62.18
74,0 55,90 62.2874,1 56,00 62.4174,2 56,09 62.5274,3 56,19 62.64
74,4 56,29 62.76
74,5 56,39 62.8774,6 56,49 62,9974,7 56,59 63.10
74,8 56,69 63,23
74,9 56,79 63.3375,0 56,89 63.4675,1 63.5875,2 63.69
75,3 63.81
75,4 63.9375,5 64.0575,6 64.16
75,7 64.28
75,8 64.4175,9 64.5476,0 64.6676,1 64.78
76,2 64.89
76,3 65,0276,4 65,1376,5 65,25
76,6 65,37
76,7 65,4976,8 65,6176,9 65,7477,0 65,87
77,1 65,99
77,2 66,0977,3 66,2177,4 66,3177,5 66,45
77,6 66,58
77,7 66,712000R1623 — EN — 25.08.2001 — 004.001 — 71
▼B
Refractomete, reading
% (p/p)Potential alcoholic strenghth
(% vol)
Concentrated must Rectified concentrated must
77,8 66,82
77,9 66,94
78,0 67,06
78,1 67,19
78,2 67,29
78,3 67,41
78,4 67,52
78,5 67,6578,6 67,77
78,7 67,89
78,8 68,02
78,9 68,14
79,0 68,26
79,1 68,38
79,2 68,51
79,3 68,62
79,4 68,75
79,5 68,87
79,6 69,00
79,7 69,12
79,8 69,24
79,9 69,352000R1623 — EN — 25.08.2001 — 004.001 — 72
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ANNEX II
Minimum quality requirements for table wines provided for in Article
27(b)(i)ofthisRegulation
I.White wines
(a) Minimum actual alcoholic strength: 10.5 % vol.
(b) Maximum volatile acidity: 9 milliequivalents per litre
(c) Maximum sulphur dioxide content: 155 milligrams per litre
II.Red wines
(a) Minimum actual alcoholic strength: 10.5 % vol.
(b) Maximum volatile acidity: 11 milliequivalents per litre
(c) Maximum sulphur dioxide content: 115 milligrams per litre
Rosé wines must comply with the requirements laid down above for red wines,
except as regards their sulphur dioxide content, which must comply with the
maximum levels fixed for white wines.
However, red table wines from the Portugieser vine varieties and white table
wines from the Sylvaner, Müller-Thurgau and Riesling vine varieties shall not be
required to comply with points (a) and (c) above.2000R1623 — EN — 25.08.2001 — 004.001 — 73
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ANNEX III
Definitionofneutralalcoholreferred toinArticle43ofthisRegulation
1. Organoleptic characteristics No extraneous flavour detectable
in the raw material
2. Minimum alcoholic strength by volume: 96 % vol.
3. Maximum values of residue elements:
— Total acidity
expressed in g of acetic acid per hl of alcohol at 100 % vol. 1.5
— Esters
expressed in g of ethyl acetate per hl of alcohol at
100 % vol. 1.3
— Aldehydes
expressed in g of acetaldehyde per hl of alcohol at
100 % vol. 0.5
— Higher alcohols
expressed in g of 2-methylpropanol-1 per hl of alcohol at
100 % vol. 0.5
— Methanol
expressed in g per hl of alcohol at 100 % vol. 50
— Dry extract
expressed in g per hl of alcohol at 100 % vol. 1.5
— Volatile bases containing nitrogen
expressed in g of nitrogen per hl of alcohol at 100 % vol. 0.1
— Furfural Not detectable2000R1623 — EN — 25.08.2001 — 004.001 — 74
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ANNEX IV
Communityanalysismethodforneutralalcohol
For the purposes of this Annex:
(a) the repeatability limit is the value below which the absolute difference
between two single test results obtained under the same conditions (same
operator, same apparatus, same laboratory and a short interval of time) may
be expected to lie with a specified probability;
(b) the reproducibility limit is the value below which the absolute difference
between two single test results obtained under different conditions (different
operators, different apparatus and/or different laboratories and/or different
time) may be expected to lie with a specified probability.
The term ‘single test result’ means the value obtained when the standardised test
method is applied fully once to a single sample. Unless otherwise stated, the
probability shall be 95 %.2000R1623 — EN — 25.08.2001 — 004.001 — 75
▼B
ANNEX V
Notificationofrefusaloracceptanceoflotsinconnectionwithtenderingproceduresfortheexport
ofwinealcohol
— Name of successful tenderer:
— Date of award:— Date of refusal or acceptance of the lot by the successful tenderer:
2000R1623 — EN — 25.08.2001 — 004.001 — 76