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"BCOMMISSION REGULATION (EC) No 1623/2000
of 25 July 2000
laying down detailed rules for implementing Regulation (EC) No 1493/1999 on the common
organisation of the market in wine with regard to market mechanisms
(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
2000L 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 29.6.20012000R1623 — EN — 19.07.2001 — 003.001 — 1
COMMISSION REGULATION (EC) No 1623/2000
of 25 July 2000
laying down detailed rules for implementing Regulation (EC)
No 1493/1999 on the common organisation of the market in wine
with regard to market mechanisms
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 detailed
implementing rules to be adopted by the Commission.
(2) Until now, those rules have been contained in a large number of
Community regulations. In the interests of both economic
operators in the Community and the authorities responsible for
applying Community rules, all these provisions should be brought
together in a single Regulation.
(3) This Regulation must include the current rules and adapt them to
the new requirements of Regulation (EC) No 1493/1999. They
must 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 more
specific to ensure greater legal certainty when they are applied.
(4) Article 35(1)(a) of Regulation (EC) No 1493/1999 introduces an
aid scheme for the use of grape must and concentrated grape must
made from grapes produced in the Community for the purpose of
manufacturing grape juice or other comestible products made with
this juice.
(5) Such other comestible products should be specified.(6) The economic aim of the aid scheme is to encourage the use of
raw materials of Community origin rather than imported raw
materials in the manufacture of grape juice or other comestible
products made with this juice. The aid should accordingly be
granted to the users of the raw materials, i.e. the processors.
(7) It should be stipulated that the aid is granted only for raw
materials with the quality characteristics required for processing
into grape juice. It should accordingly be specified in particular
that the grapes and grape must covered by a statement must have a
density at 20 °C 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 the
operations to be monitored.
(10) However, to avoid excessive administration for both the processors
and the authorities concerned, no prior written statement should be
required from processors using only a small quantity of grapes or
grape must each wine year. That quantity should be fixed. The
processors concerned must nevertheless inform the competent!B
(1) OJ L 179, 14.7.1999, p. 1.2000R1623 — EN — 19.07.2001 — 003.001 — 2
authorities of their Member State at the 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 a
different Member State than the processor, it is not always easy for
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 concerned should
therefore indicate whether an aid application has been submitted.
(12) In order for the aid scheme to significantly increase the use of
Community raw materials, it should be stipulated that aid
applications 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 the
consumption 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 in
structures.
(15) In order to allow the competent authorities of the Member States
to conduct the necessary checks, the obligations of processors as
regards stock accounts should be specified.
(16) In order to avoid unwarranted expenditure and facilitate checks, a
maximum ratio should be specified between the raw materials
used and the grape juice obtained, based on normal processing
techniques.
(17) For commercial reasons, some operators store the grape juice
obtained for a long time before putting it up for consumption. 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. The time limit for the payment of advances
should therefore be specified, together with detailed rules for the
release of securities.
(18) To qualify for the aid, the parties concerned must submit an
application together with certain supporting documents. To ensure
that the system operates in the same way in all the Member States,
time limits should be laid down for the submission of applications
and for payment of the aid to processors.
(19) Under Article 44(5) of Regulation (EC) No 1493/1999, grape
juice may not be turned into wine or added to wine. In order to
ensure compliance with that provision, the obligations and special
checks 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 for
applying the measure in the case of small producers. It should also
be stipulated that only producers who have fulfilled their
Community obligations during a specified period are to be
eligible under this measure.!B2000R1623 — EN — 19.07.2001 — 003.001 — 3
(22) The competent authorities must be informed of enrichment
operations involving the addition of concentrated grape must
and rectified concentrated grape must and of the quantities of
those products which are held. Since the quantities of those
products which are or have been used for enrichment must be
recorded in the 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 fact
and to avoid disrupting the existing pattern of trade, the aid should
be differentiated so that a higher amount can be granted for
concentrated grape must and rectified concentrated grape must
from the southernmost regions of the Community, which
traditionally produce must with the highest potential natural
alcoholic 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 CN code
2206 00 in the United Kingdom and Ireland and for the use of
concentrated grape musts produced in the Community to manu-
facture certain products marketed in the United Kingdom and in
Ireland with instructions for using them to obtain a beverage in
imitation of wine.
(26) Products falling within CN code 2206 00 as referred to in
Article 35(1)(c) of Regulation (EC) No 1493/1999 are currently
produced exclusively from concentrated grape must. At this stage,
therefore, aid should be fixed for the use of concentrated grape
must alone.
(27) 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.
(28) To ensure that the aid scheme and the checks operate properly, the
operators concerned should be required to submit written
applications giving the information needed to identify the product
and enable the operations to be checked.
(29) In order for the aid scheme to significantly increase the use of
Community products, it should be stipulated that applications
must be submitted for a fixed minimum quantity.
(30) Aid is to be granted only for products having the minimum quality
characteristics required for use for the purposes referred to in
Article 35(1)(b) and (c) of Regulation (EC) No 1493/1999.
(31) In order to enable the competent authorities of the Member States
to conduct the necessary checks, the obligations of processors as
regards stock accounts should be specified.
(32) Entitlement to aid is acquired when the processing operations are
completed. To allow for technical losses, the quantity actually
used should be allowed to be up to 10 % less than the quantity
stated in the application.
(33) For technical reasons, operators lay in their stocks a long time
before 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. The
time limit for the payment of advances should therefore be
specified, together with detailed rules for the release of securities.!B2000R1623 — EN — 19.07.2001 — 003.001 — 4
(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 grant
of aid is subject to the conclusion of storage contracts. Detailed
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 the
obligations imposed upon such persons, it should be stipulated
that producers must be the owners of the products covered by the
storage contract.
(36) An effective check must be kept on the products covered by
storage 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 it
should be informed of any change in the product or the place of
storage.
(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 of
agricultural products has shown that it is necessary to specify the
extent to which Council Regulation (EEC, Euratom) No 1182/71
is 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 or
Saturday, 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 of
storage are carried over. A derogation must therefore be provided
for when the final day of storage under contract is determined.
(40) In order to ensure that the system of contracts has an effect on
market prices, contracts should be concluded only for significant
quantities.
(41) Storage aid should be restricted to products which have an effect
on market prices. Accordingly, only products in bulk should
qualify 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 of
preparation, but it must be possible during the contract period to
carry out any oenological processes needed to ensure the
preservation of the product.
(42) To encourage improvement in quality, the minimum alcoholic
strength of wine and must eligible for storage measures should be
fixed. To the same end, it should be possible to lay down more
stringent 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 affecting
the market situation, marketing and certain actions preparatory
thereto 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 must covered
by a long-term contract to be processed into concentrated grape
must or rectified concentrated grape must during the period of
validity of the contract. Since such processing is a normal
operation, it should be permitted permanently.!B2000R1623 — EN — 19.07.2001 — 003.001 — 5
(46) Intervention agencies should be notified whenever grape must is
processed while under a storage contract, so that they may carry
out the necessary checks.
(47) The processing of grape must into concentrated grape must and
rectified concentrated grape must reduces the volume of product
in storage and consequently brings down storage costs. However,
since the product obtained has a higher value, the reduction in
storage 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 the
quantity of grape must under contract prior to processing
throughout the period of validity of the contract. Moreover, the
products 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, for ease
of administration, the amount of aid per hectolitre per day should
be fixed for separate groups of table wines and musts. Under
Article 25(4) of Regulation (EC) No 1493/1999, the amount 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 substantial fluctuations in market
prices or interest rates.
(49) It must also be possible to shorten the storage period in cases
where the products are intended for export once removed from
storage. Proof that the products have been exported should be
supplied in the same way as for refunds, in accordance with
Commission 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 time
taking 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 producers
concerned, the Member States should be authorised to introduce
an 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 should
be granted for must and concentrated must covered by storage
contracts and intended for grape-juice production to be sold from
the fifth month of the contract onwards on simple notification by
the 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 the
need to ensure that the alcohol produced can be sold normally on
the markets for the different uses.
(54) The checks on products intended for distillation should be
intensified.!B
(1) OJ L 102, 17.4.1999, p. 11.2000R1623 — EN — 19.07.2001 — 003.001 — 6
(55) In the case of voluntary distillation under Articles 29 and 30 of
Regulation (EC) No 1493/1999, producers should be required to
conclude delivery contracts with distillers, to be approved by the
intervention agency, so that operations can be supervised and both
parties’ compliance with their obligations can be checked. Under
such a system the quantitative effects of distillation operations on
the market could be more closely monitored. However, the
contracts system needs to be adjusted to take account of the fact
that 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’ own
production. 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 essential
elements of distillation contracts are adequately checked.
(57) Experience shows that a certain tolerance should be allowed in the
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 be
paid to distillers in advance. A system of securities is needed to
ensure 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 always
easy for producers to calculate exactly the quantities of products
they 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 some
minor adjustments, the penalty imposed should not be out of
proportion to the infringement committed. Such producers should
therefore 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 table wine 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 must actually deliver the required quantities for
distillation. In some cases exclusion from intervention measures
has not been a sufficient incentive to ensure that persons subject to
compulsory distillation fulfil their obligations. Additional Com-
munity measures are therefore needed for producers who fail to
fulfil their obligations within the time allowed but who do fulfil
them before 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 analysis
should be adopted to ensure that these criteria are complied with.
(62) These methods must be compulsory for all commercial trans-
actions 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 with
reasonable accuracy.
(63) The Community met hods of analysis should be generally
recognised methods and should be uniformly applied.
(64) In order to ensure that the results obtained by applying the
analytical methods referred to in Regulation (EC) No 1493/1999
are comparable, the terms relating to the repeatability and
reproducibility of results obtained using these methods should
be defined.!B2000R1623 — EN — 19.07.2001 — 003.001 — 7
(65) The buying-in price of wine deliveries should apply ex distiller’s
premises. In certain cases, transport is provided by the distiller for
practical reasons. In order not to disturb this practice, which is
often necessary, the transport costs should be deducted from the
buying-in price in such cases.
(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 marc
and wine lees for distillation would be out of all proportion to the
return which they could hope to obtain on the alcohol distilled
from them. They should therefore be permitted not to make
delivery.
(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 disproportionate
constraint for some producers of small quantities in certain
wine-growing areas. At the request of their Member State, such
producers 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. The
process by which oenocyanin is extracted from such marc makes
the 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 wine
vinegar, the volume of alcohol delivered to intervention agencies
is likely to be reduced. Producers should therefore be released
from their obligation to distil where they deliver to the vinegar
industry 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 by
the end of the wine year in which they were produced. To this end,
an appropriate monitoring system is needed, which will not result
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 whether
the distiller is established in the same Member State as the
producer 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 the
product 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 products
which may be obtained by distillation.
(74) To qualify for the aid, the parties concerned must submit an
application together with certain supporting documents. The type
and 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 all
Member States, applications should be lodged and aid paid to
distillers within time limits to be laid down. Some proportional
allowance should be made for distillers who, although they have
met their principal obligations, are late in furnishing proof thereof.!B2000R1623 — EN — 19.07.2001 — 003.001 — 8
(75) When fixing the price to be paid by the intervention agencies for
the products delivered to them, account should be taken of the
average cost of transporting and distilling the products concerned.
(76) A single standard price should be fixed for products delivered to
intervention agencies in connection with distillation under
Article 27 of Regulation (EC) No 1493/1999, irrespective of the
origin of the raw materials.
(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 the
standard price. This situation makes it, or can make it,
economically impossible in some of these regions to achieve the
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, while
leaving it to the Member States to decide whether such
differentiated prices should be applied in regions where
application 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 that
the weighted average of the former does not exceed the standard
price.
(79) In the absence of an organised Community market in ethyl
alcohol, the intervention agencies responsible for marketing the
alcohol which they are obliged to take over following distillation
under Articles 27 and 28 of Regulation (EC) No 1493/1999 must
resell 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 Agricultural Guidance
and Guarantee Fund (EAGGF) Guarantee Section.
(80) Article 29 of Regulation (EC) No 1493/1999 provides for
distillation to support the wine market and, as a consequence, to
facilitate the continuation of supplies of wine distillate to parts of
the potable alcohol sector. To take end-of-the-year surpluses into
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 from
compulsory distillation should therefore be extended to cover
alcohol from voluntary distillation held by the intervention
agencies.
(82) The required characteristics of products that may be delivered for
distillation should be specified in greater detail.
(83) Products entering distilleries should be physically checked using
procedures that ensure adequate representativeness.
(84) The consequences to be incurred by producers who fail to comply
with their obligations must be specified. However, the Commis-
sion should adopt rules on the entitlement to aid of distillers who
fail to comply with certain administrative time limits, in particular
to 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.!B2000R1623 — EN — 19.07.2001 — 003.001 — 9
(87) To take account of the actual situation on the market in wine for
distillation, both distillers and makers of fortified wine should be
allowed to fortify such wine for distillation and the overall
arrangements should be adjusted accordingly.
(88) Member States should be able to restrict the places at which wine
may be fortified for distillation so as to ensure the most
appropriate form of supervision.
(89) Detailed rules are needed for payment of the buying-in price for
the wine, payment of aid to makers of fortified wine, payment of
the aid in advance, and the lodging and release of securities.
(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 of
such wine or of products obtained therefrom.
(91) To take account of the way in which products are transported to
distilleries in some Member States, particularly where small
quantities are involved, Member States should be authorised to
allow 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 wine should be reduced where producers have increased the
alcoholic strength by adding sucrose or concentrated grape must
for which they 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 of
administrative work liable to delay payment of the aid and affect
the whole intervention system. The buying-in price should
therefore 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 the
increase in alcoholic strength for each producer, the buying-in
price for such wine delivered for distillation should be reduced by
a fixed amount for each zone or zone division.
(94) It is only fair that producers should receive the full price if they
have not increased the alcoholic strength of any part of their table
wine by adding either sucrose or concentrated grape must for
which 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 for
distillation should be paid the full price for the difference between
the quantity enriched and the quantity delivered.
(95) The aid for the product obtained by distillation and the price of the
products taken over by the intervention agency in connection with
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 different
types of tendering procedure, depending on the use and
destination for which the alcohol is intended and the quantities
of alcohol at 100 % vol. to be disposed of.!B
(1) Recitals 98 to 124: see the recitals of Regulation (EEC) No 377/93.2000R1623 — EN — 19.07.2001 — 003.001 — 10
(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 where
several tenders for the same lot offer the same price.
(100) Tenders for up to 5 000 hectolitres should be admissible, on
certain conditions, so that new uses devised for alcohol can be
tested at intermediate industrial scale, thereby helping to develop
outlets in the longer term for significant quantities of Community
alcohol without disrupting the market in spirit drinks.
(101) It is necessary to determine which forms of processing into goods
exported under inward processing arrangements may be con-
sidered equivalent to real industrial uses.
(102) In order to ensure that alcohol sold under such tendering
procedures is actually used for purposes not likely to disrupt the
market in alcohol, tenders must give a precise indication of the
intended use.
(103) Tenderers should be allowed to submit only one tender per type of
alcohol, type of end use and tendering procedure. The legal
consequences for tenderers who submit more than one tender
should also be specified.
(104) In order not to affect competition with products which the alcohol
may 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 possible
number of tenders submitted where the proposed prices are
deemed satisfactory and the proposed end uses are suitable for
developing new industrial outlets for the product, it should be
possible, 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 reduce
stocks which must otherwise be managed at a high cost to the
budget.
(106) Irrespective of the margin of tolerance on the overall quantity of
alcohol put up for sale by tender, the price to be paid before a
removal 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 the
alcohol awarded to the countries of the Caribbean area for final
use in the fuel sector so as to give these countries greater
continuity of supply. Experience shows that this outlet is most
unlikely 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 transport
capacity, thereby reducing the cost to the traders concerned of
providing performance guarantees. The time limits laid down for
removing the alcohol awarded should be adjusted accordingly.
(109) Public sales of wine alcohol for use as fuel within the Community
should be subject to certain conditions so as to provide undertak-
ings 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 for sale from
being physically moved.
(110) It should be specified that public sales of this type should involve
several lots of alcohol where large quantities are set aside for such
public sales and that the alcohol in the vats concerned can no
longer be physically moved until a removal order has been issued
for it.!B2000R1623 — EN — 19.07.2001 — 003.001 — 11
(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 place
over a period of several years, the price per hectolitre of alcohol at
100 % vol. offered by the successful tenderer should be adjusted
every three months by applying a coefficient indicated in the
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 alcohol
obtained by compulsory distillation is stored and the considerable
length of time that some of this alcohol remains in storage, it is
impossible in practice to know exactly what quantity of market-
able alcohol is contained in certain storage vats.
(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 sale
should be deemed to have been executed.
(114) Tenderers’ statements waiving all claims in respect of the quality
and characteristics of the alcohol awarded to them should not
extend to hidden defects that by their nature could not be detected
by them beforehand and that make the alcohol unfit for the use
intended.
(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 should
be denatured by adding petrol.
(116) A system of securities should be introduced to ensure that
tendering procedures are properly conducted and that the alcohol
is in fact used for the purpose specified in the relevant invitation
to 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 in alcohol and spirit
drinks produced in the Community in accordance 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. The primary requirements of the
obligations subject to a security should therefore be specified.
(117) Losses may occur when alcohol is being transported by land and
sea and processed prior to final use. Account should be taken of
the 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 due to
multiple land and sea transport operations in connection with a
tendering procedure for the export of alcohol to be processed in
the third countries covered by this Regulation. A higher tolerance
limit 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 is
less efficient in some third countries.
(119) Penalties should be applied for losses exceeding the set tolerance
limits by withholding a standard amount of the performance
guarantee covering the cost price of the alcohol delivered to the
intervention 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 the success-
ful tenderer has produced evidence concerning all the losses
relating to the tender concerned so that the amount of guarantee
available is sufficient to penalise such illegal losses of alcohol.!B2000R1623 — EN — 19.07.2001 — 003.001 — 12
(120) Some end uses intended for alcohol covered by a tendering
procedure require all or some of the alcohol awarded to be
processed into rectified alcohol. Some of the intended uses for the
alcohol sold require prior rectification or dehydration that also
produces foul-tasting alcohol unsuitable for the uses initially
intended 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 the
purposes specified in the relevant invitations to tender should
include at least checks equivalent to those applied to the
monitoring of Community-produced alcohol. For the purposes
of checks on certain uses or destinations, an international
surveillance firm may be used to verify whether the contract
awarded is duly fulfilled. In line with the strengthening and
development of the internal market, physical checks should be
conducted 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 wine
sector.
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 this
Regulation 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 they
provide evidence that they fulfilled their obligations regarding delivery
or 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.!B
!M12000R1623 — EN — 19.07.2001 — 003.001 — 13
TITLE I
AID FOR THE USE OF GRAPES, GRAPE MUST, CONCEN-
TRATED GRAPE MUST OR RECTIFIED CONCENTRATED
GRAPE MUST
CHAPTER I
MANUFACTURE OF GRAPE JUICE
Article 3
Purpose of the aid
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 obtained
entirely from their own grape crop, into grape juice or other
comestible 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 or
concentrated grape must, for the purpose of processing them into
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
Amount of the aid
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
Technical requirements for processing
The products referred to in Article 4(1) of this Regulation must be of
sound and fair merchantable quality and suitable for processing into
grape juice. The grape must and the must obtained from the grapes used
must have a density at 20 °C of between 1.055 and 1.100 grams per cubic
centimetre.
Article 6
Administrative rules applicable to processors
1. Processors who undertake processing operations throughout the wine
year and who wish to receive aid under Article 35(1)(a) of Regulation
(EC) No 1493/1999 shall submit a schedule to the competent authority of
the Member State in which processing takes place before the beginning
of the wine year or, where they are manufacturing grape juice for the first!B2000R1623 — EN — 19.07.2001 — 003.001 — 14
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,
(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 authorities
at the beginning of the wine year containing the information required
under (a) and (b) of paragraph 1 of this Article. They shall not be
required 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 be
returned, 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 the
registers 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,!B2000R1623 — EN — 19.07.2001 — 003.001 — 15
(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 referred to
in (d) in the preceding subparagraph shall not be required. In such cases,
the stock accounts shall show in addition the quantities of grape juice
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 on the
occasion of any checks.
Article 7
Administrative rules applicable to users
1. For the purposes of this Article, ‘user’ means all operators other than
grape-juice processors who carry out any of the following operations:
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 the operations
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 application
for 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 not
later than 15 days after receiving the product,
(b) the competent authority shall stamp the accompanying document
referred to in point (a) only after verifying that a quantity at least
equivalent to that of the consignment concerned has been dispatched,
with an appropriate accompanying document, to a bottler or an
undertaking manufacturing comestible products covered 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 at
the place of unloading shall return the copy of the accompanying
document 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 return
it, duly stamped, to the processor/consignor of the grape juice concerned.
However, where processors or users intending to bottle the juice so
request, the competent authority or authorised department at the place of
unloading shall return the copy of the accompanying document, duly
stamped, 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,!B2000R1623 — EN — 19.07.2001 — 003.001 — 16
(b) the competent authority shall stamp the accompanying document
referred to in point (a) only if it has sufficient assurance that the
grape juice is actually intended for the manufacture of the comestible
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
Aid applications
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 the
competent authority, no more than six months after the end of the wine
year, together with:
(a) a copy of the annual or quarterly statements in their possession or a
summary thereof,
(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 and
summaries to be stamped by an authority responsible for inspections.
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 competent
authority 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 be
stamped 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. The
Member 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 were
completed.
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 of
export of the grape juice, the processors concerned shall submit, as the
case 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.!B2000R1623 — EN — 19.07.2001 — 003.001 — 17
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 that
deadline, the aid shall be reduced by 30 %. Beyond that date, no aid shall
be paid.
Article 9
Conditions for granting the aid
1. Except in cases of force majeure , 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 force majeure , if processors fail to fulfil one of the
obligations devolving on them under this Regulation other than the
obligation to process the raw materials covered by their aid applications
into grape juice, the aid to be paid shall be reduced by an amount fixed
by the competent authority depending on the seriousness of the
infringement.
3. In cases of force majeure , the competent authority shall determine
the measures which it considers necessary having regard to the
circumstances invoked.
Article 10
Payment of the aid
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 only
when the applicant has been recognised as entitled to the aid.
Article 11
Advance payments
1. Processors may request that an amount equal to the aid calculated for
the raw materials be paid to them in advance provided that they provide
evidence that the raw materials have entered their premises and they have
lodged a security in favour of the intervention agency. That security shall
be equal to 120 % of the said amount. In such cases, the supporting
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 for
the purpose may allow them to lodge a single security. In such cases, the
security shall correspond to 120 % of all the amounts calculated in
accordance 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 year
concerned.!B2000R1623 — EN — 19.07.2001 — 003.001 — 18
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 in Article 19 of
Commission Regulation (EEC) No 2220/85. Except in cases of force
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 the
quantity not processed during the wine year.
CHAPTER II
AID FOR MUST USED TO INCREASE THE ALCOHOLIC
STRENGTH OF WINE PRODUCTS
Article 12
Purpose of the aid
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 concentrated grape must
and rectified concentrated grape must produced in the Community to
increase the natural alcoholic strength by volume of the products 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 rectified
concentrated grape must when the purchasers are individual winegrowers
using the product exclusively for enriching their own production.
The Member States shall adopt detailed rules for applying this measure
and notify the Commission thereof.
Article 13
Amount of the aid
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 establish-
ments that began production of rectified concentrated musts before
1 January 1986 in Spain or before 30 June 1982 elsewhere, the amount
shall be that laid down for products of wine-growing zones C III.!B2000R1623 — EN — 19.07.2001 — 003.001 — 19
2. The potential alcoholic strength of the products listed in paragraph 1
shall be determined by applying the figures in the table of equivalence in
Annex I hereto to the readings at 20 °C from a refractometer used in
accordance with the method laid down in Annex XVIII to Regulation
(EC) No …./2000 establishing a Community code of oenological
practices and processes.
Article 14
Aid applications
Producers wishing to receive the aid provided for in Article 34(1) of
Regulation (EC) No 1493/1999 shall submit an application to the
competent intervention agency covering all operations to increase
alcoholic strength to which that Article applies. Applications must reach
the 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
Conditions for granting the aid
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 referred to
in paragraph 1, the aid payable shall be reduced by an amount to be fixed
by the competent authority depending on the seriousness of the
infringement.
3. In cases of force majeure , the competent authority shall determine
the measures which it deems necessary in view of the circumstances
invoked.
Article 16
Payment of the aid
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
Advance payments
1. From 1 January of the wine year concerned, producers may request
that an amount equal to the aid calculated for the products used to
increase alcoholic strength be paid to them in advance provided that they
have lodged a security in favour of the intervention agency. The security
shall 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 remaining
documents 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.!B2000R1623 — EN — 19.07.2001 — 003.001 — 20
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 Commission
Regulation (EEC) No 2220/85.
CHAPTER III
AID FOR THE MANUFACTURE OF CERTAIN PRODUCTS IN
THE UNITED KINGDOM AND IN IRELAND
Article 18
Purpose and amount of the aid
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 of
products falling within CN code 2206 00 for which the use of a
composite name including the word ‘wine’ may be allowed by these
Member 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 a
beverage in imitation of wine, hereinafter called ‘operators’. The
amount 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 purposes referred to
in Article 35(1)(b) or (c) of Regulation (EC) No 1493/1999.
Article 19
Aid applications
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 submit
a written application, between 1 August and 31 July of the wine year
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 1493/1999
is put up in containers with contents not exceeding 5 kilograms,
the number of containers),!B2000R1623 — EN — 19.07.2001 — 003.001 — 21
(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 be
attached to the aid application.
Column 8 of the document shall indicate the wine-growing zone where
the fresh grapes used were harvested.
Article 20
Conditions for granting the aid
1. Manufacturers and operators shall be bound to use the full quantity
of concentrated grape must covered by an aid application for the
purposes 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 indicated
in 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 dispatched
each day from their premises, together with the name and address of
the consignee(s).
3. Manufacturers and operators shall inform the competent authority in
writing, within one month, of the date when all the concentrated grape
must covered by an aid application has been used for the purposes
referred 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.
4. Except in cases of force majeure , no aid shall be payable where
manufacturers or operators fail to fulfil the requirement set out in
paragraph 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 Regulation other than
that referred to in paragraph 1 of this Article, the aid payable shall be
reduced by an amount to be fixed by the competent authority depending
on the seriousness of the infringement.
6. In cases of force majeure , the competent authority shall determine
the measures which it deems necessary in view of the circumstances
invoked.
Article 21
Payment of the aid
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.!B2000R1623 — EN — 19.07.2001 — 003.001 — 22
Article 22
Advance payments
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 in
advance provided they have lodged a security for 120 % of the said
amount 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 amount
of aid to be paid, 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 in Article 19 of Commission Regulation (EEC) No 2220/85.
TITLE II
PRIV ATE STORAGE AID
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 table wines,
irrespective of the wine year in which they were produced.
Article 25
Amount of the aid
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.
Article 26
Rules applicable to beneficiaries
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 on
their 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,!B2000R1623 — EN — 19.07.2001 — 003.001 — 23
(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 their members. 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 of products eligible for aid
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 natural alcoholic
strength laid down for the wine-growing zone in which they
originate,
(b) table wines:
(i) must comply with the minimum quality requirements fixed in
Annex II to this Regulation for the category for which the
contract 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, which
must have a reducing sugar content not greater than four grams
per 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 under
Community rules. However, the level of radioactive contamination
of products shall be monitored only if the situation so requires and
only during the period necessary.
Article 28
Quantities eligible for aid
1. The total quantity of products for which producers conclude storage
contracts may not exceed the quantity stated in their production
declaration for the wine year concerned, submitted in accordance with
Article 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.!B2000R1623 — EN — 19.07.2001 — 003.001 — 24
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 10
hectolitres in the case of concentrated grape must and rectified
concentrated grape must.
Article 29
Conclusion of contracts
1. Producers may conclude contracts provided they supply the follow-
ing information for each container in which the product concerned is
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 °C 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 shall
be 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 waive
this 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 30
days 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 agency
of the total quantity of table wine they have produced during the current
wine 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,
where applicable, of the registers referred to in Article 29 of this
Regulation. In cases where the declaration is not yet available, a
provisional 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,!B2000R1623 — EN — 19.07.2001 — 003.001 — 25
(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 with the
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 the minimum levels
referred to in Article 28(2). Where this clause is applied, 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
Derogation from Article 2 of this Regulation
The Member States may authorise the conclusion of contracts before
producers have supplied the evidence referred to in Article 2 of this
Regulation provided such contracts include a statement by producers
certifying 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 quantities
needed to comply fully with their obligations within the time limit laid
down 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
Beginning of the storage period
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
End of the storage period
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.
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.!B2000R1623 — EN — 19.07.2001 — 003.001 — 26
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
Early termination of the contract at the request of the producer
1. Producers who have not applied for an advance under Article 38 of
this Regulation may terminate storage contracts as of 1 June provided the
Commission so authorises in the light of market trends, information on
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
Detailed implementing rules relating to storage
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 necessary for 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, these percentages are
increased by 1 point. Where these percentages are not exceeded for the
contract as a whole, the full amount of the aid shall remain 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 the
period 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 distillation
under 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, or(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 be definitively
stored.!B2000R1623 — EN — 19.07.2001 — 003.001 — 27
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 must or
rectified concentrated grape must during the period of validity of their
contract.
Producers who have concluded private storage contracts for concentrated
grape must may process all or part of that must into rectified
concentrated 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 said
producers 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 this
Article is to commence, the place of storage and how the product is put
up.
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 report
concerning the product thus obtained, including as a minimum the data
required for the product concerned under Article 29 of this Regulation.
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
Changes in the product during storage
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 of
validity of the contract, the producer shall inform the intervention agency
without delay. Such notification shall be supported by an analysis 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 has
ceased to satisfy the conditions laid down in Article 34(1) of this
Regulation during the period of validity of the contract, the intervention
agency shall terminate the contract for the quantity concerned on the date
that it determines.
Article 36
Conditions for granting the aid
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 aid
shall be payable;!B2000R1623 — EN — 19.07.2001 — 003.001 — 28
(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 to the
circumstances involved.
Article 37
Payment of the aid
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 paid not
later than three months after the day on which the contract is terminated.
Article 38
Advance payments
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 a
security for 120 % of the said amount in favour of the intervention
agency.
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 the
Member 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 be
reduced by 120 % of the amount paid in excess of the aid due. Securities
reduced in this way shall be released not later than three months after the
date of expiry of the contract.
3. The Member States shall make the necessary adjustments where
Article 29(5)(i) is applied.
Article 39
Quality wines
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 a
quality 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.!B2000R1623 — EN — 19.07.2001 — 003.001 — 29
TITLE III
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 from
fresh grapes, grape must or partially fermented grape must or
from new wine still in fermentation, obtained personally or
purchased, 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 wine
from 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 and
receiving and approving contracts relating to the delivery of
wine for fortification, the intervention agency designated by the
Member 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 designated
by 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.
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 be
deemed to be distillers if they:
(a) are approved by the competent authorities in the Member State in
which they are established;!B2000R1623 — EN — 19.07.2001 — 003.001 — 30
(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 of
grapes with a view to having them distilled on their own account by
an 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 on
request be deemed to be producers for those quantities of wine produced
and handed over by member cooperatives. The latter shall in any case
continue 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 agency
thereof 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 whose
behalf 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 the
limit 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 the
provisions they have adopted for this purpose. The Commission shall
inform the other Member States.
Article 42
Approval of distillers
1. The competent authorities of the Member States shall approve the
distillers established in their territory who intend to perform distillation
operations under this Title and shall draw up a list of the approved
distillers. 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 of
this Title.
The competent authorities shall be responsible for updating the said list,
and the Member States shall forward any subsequent amendments to it to
the Commission. The Commission shall publish that list and any
amendments to it.
2. The competent authority may withdraw approval, either temporarily
or permanently, from distillers failing to meet their obligations under the
Community rules.!B2000R1623 — EN — 19.07.2001 — 003.001 — 31
Article 43
Alcohol obtained by distillation
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 the
definition, 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
Analysis method for neutral alcohol
Annex V to this Regulation sets out the Community methods for the
analysis of neutral alcohol as defined in Annex IV hereto.
CHAPTER I
COMPULSORY DISTILLATION
Section I: Distillation of by-products of wine-making
Article 45
Obligation to deliver by-products for distillation
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 no
entitlement 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 be free
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
paragraph 1 may be released from that obligation by making use of the
possibility provided for in Article 27(8) of Regulation (EC)!B
(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).2000R1623 — EN — 19.07.2001 — 003.001 — 32
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 40 hectolitres of wine.
Article 46
Requirements for by-products delivered for distillation
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 at
least 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 in Article 48 of this
Regulation, the standard natural alcoholic strengths by volume 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 the
classification of vine varieties for the administrative unit
concerned 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 unit concerned
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 to be delivered
for distillation to discharge the obligation referred to in Article 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 aid
shall be paid to the person authorised to conduct the experiment at a rate
of 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.!B
!M3
!B2000R1623 — EN — 19.07.2001 — 003.001 — 33
Article 47
Buying-in price
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 quantity
concerned is delivered to the distillery.
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 the
invoice to be drawn up for them before 31 August following the
close of the wine year concerned.
Distillers shall pay the balance to producers no later than the following
31 October.
Article 48
Aid to be paid to distillers
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 be
paid.
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 to
have 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 during a
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 %.!B2000R1623 — EN — 19.07.2001 — 003.001 — 34
Article 49
Exceptions to the obligation to deliver for distillation
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 been
purchased 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 than 25
hectolitres of wine or must during the wine year in question shall be free
not to deliver any quantities.
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 concerned
shall 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 special
characteristics 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, shall
be either entered in the registers kept in accordance with Article 70 of
Regulation (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 to
third parties has been entered in the registers referred to in the first
subparagraph. The Member States shall take the measures necessary to
ensure that such transactions are checked.
Member States whose wine production exceeds 25 000 hectolitres per yearshall check by sampling at least whether the average minimum alcoholic
strength referred to in Article 51 has been complied with and whether all
the by-products have been withdrawn within the time limits set.
Article 51
Requirements for by-products withdrawn
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,!B2000R1623 — EN — 19.07.2001 — 003.001 — 35
(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
Obligation to deliver wine for distillation
Producers required to distil under Article 28 of Regulation (EEC)
No 1493/1999 shall discharge their obligation by delivering their wine to
an approved distillery not later than 15 July of the wine year concerned.
In cases covered by Article 71 of this Regulation, the obligation shall be
discharged by delivering the wine to an approved maker of wine fortified
for distillation not later than 15 June of the wine year concerned.
Article 53
Quantity of wine to be delivered
1. In the case of wine covered by Article 28 of Regulation (EC)
No 1493/1999, producers shall be required to deliver a quantity equal to
the quantity which they have produced minus:
(a) the quantity corresponding to that normally produced, calculated as
specified in paragraph 2 of this Article,
(b) any quantity which they can prove has been exported not later than
15 July of the wine year concerned.
Producers may also deduct a quantity not exceeding 10 hectolitres from
the quantity to be delivered.
2. In the case of wine obtained from grapes of varieties classified as
both wine-grape varieties and varieties for other uses, the total quantity
of wine normally produced shall for each administrative unit be the
average quantity produced during the 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
in a given administrative unit as both wine-grape varieties and varieties
for the production of wine spirits, quantities distilled for purposes other
than the production of wine spirits with a registered designation of origin
shall be deducted from that quantity.
As regards wine as referred to in the first subparagraph, the quantity
normally produced per hectare shall be fixed by the Member States
concerned by establishing the proportion of wine obtained during the
same reference period referred to in that subparagraph from grapes of
varieties classified in a given administrative unit as both wine-grape
varieties and varieties for other purposes.
3. The total quantity produced by each producer shall be the aggregate
of the quantities of wine covered by Article 53 paragraph 1 and stated in
the production declaration referred to in Article 18 of Regulation (EC)
No 1493/1999 and the quantities entered in the register provided for in
Article 70 of that Regulation and obtained by the producer after the date
of submission of the production declaration from grapes, or must
produced from grapes, of the varieties referred to in Article 28 of that
Regulation and appearing in that declaration.!B2000R1623 — EN — 19.07.2001 — 003.001 — 36
4. From the 1998/99 wine year, notwithstanding the preceding
paragraph, as regards wine obtained from grapes of varieties classified
in a given administrative unit as both wine-grape varieties and varieties
for the production of wine spirits, the Member States shall be authorised
to allow producers who have received premiums from the 1997/98 wine
year for the 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
normally produced at the level it stood at before grubbing.
Article 54
Exceptions to the obligation to deliver for distillation
Where a derogation is granted under Article 28(1) of Regulation (EC)
No 1493/1999, the wine covered by that Article may be moved:
(a) to a customs office for completion of customs export formalities
followed by removal from the customs territory of the Community,
or
(b) to the premises of an approved maker of wine fortified for
distillation with a view to fortification.
Article 55
Buying-in price
1. Distillers shall pay the buying-in price specified in Article 28(3) of
Regulation (EC) No 1493/1999 to producers for the quantity delivered
within three months of the date of delivery to the distillery. This price
shall apply to bulk merchandise ex producer’s premises.
2. In the case of wine as referred to in Article 53 second sub-paragraph,
the buying-in price may, in accordance with Article 28(3) of Regulation
(EC) No 1493/1999, be apportioned by France among those subject to
the distillation obligation on the basis of the yield per hectare. The
provisions adopted by that Member State shall ensure that the average
price actually paid for all wine distilled is EUR 1.34/% vol./hl.
Article 56
Aid to be paid to distillers
The amount of the aid referred to in Article 28(5)(a) of Regulation (EC)
No 1493/1999 shall be fixed as follows, per % vol. of alcohol and per
hectolitre of product obtained from distillation:
(a) neutral alcohol EUR 0.7728(b) Wine spirits, raw alcohol and a wine distillate EUR 0.6401
Where the buying-in price is varied as provided for in Article 55(2), the
aid referred to in the first subparagraph shall be varied in the same
manner.
No aid shall be due for quantities of wine delivered for distillation
exceeding the producer’s obligation as provided for in Article 52 of this
Regulation by more than 2 %.!B
!M12000R1623 — EN — 19.07.2001 — 003.001 — 37
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 and
52 of this Regulation 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 the remaining
quantity before a date, to be fixed by the competent national authority,
which may not be after 31 August 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 an
amount equal to the aid for neutral alcohol fixed for the distillation
operation in question in accordance with Article 48(1)(a)(i) and
Article 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 intervention
agency shall be adjusted by the competent authority to take account
of the extended time limit for delivery.
Article 59
Proof of delivery
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, as
well 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 in which
the products were obtained, the distiller shall require the intervention
agency of the Member State of distillation to certify that the 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 of the duly certified
document to the producer within one month of receiving the products to
be distilled.
Article 60
Proofs to be supplied by distillers to intervention agencies
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 is
required for transport of the products to the distiller’s
premises or, otherwise, the reference number of the transport
document used under national rules;!B2000R1623 — EN — 19.07.2001 — 003.001 — 38
(ii) in the case of grape marc, a list of the names of the producers
who have delivered marc and the quantity of alcohol contained
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 time
allowed.
However, Member States may provide for simplified arrangements for
presenting evidence of the payment of the minimum buying-in price for
distillation of the by-products of wine-making after obtaining the
agreement 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 at least:
(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 Member
State.
Article 61
Dates of distillation operations
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.!B2000R1623 — EN — 19.07.2001 — 003.001 — 39
Article 62
Delivery of alcohol to the intervention agency
1. Without prejudice to the application of Articles 27(12) and 28(6) of
Regulation (EC) No 1493/1999, distillers may deliver products with an
alcoholic strength of at least 92 % vol. to the intervention agency until
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 premises
of a jobbing distiller.
Except where the second subparagraph of paragraph 2 of this Article is
applied, distillers del ivering 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 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 during a
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 the
documents and evidence referred to in Article 60 have been presented.
CHAPTER II
OPTIONAL DISTILLATION
Article 63
Opening of distillation as provided for in Article 29 of Regulation
(EC) No 1493/1999
1. The distillation of table wine and wine suitable for yielding table
wine referred to in Article 29 of Regulation (EC) No 1493/1999 shall be
opened on 1 September each wine year.
2. The volume of table wine and wine suitable for yielding table wine
that each producer may have distilled shall be limited to 40 % of the
highest volume of such wine produced and declared in the previous three
wine years, including the current year if production has already been!B2000R1623 — EN — 19.07.2001 — 003.001 — 40
declared. Where the above percentage is applied, the quantity of table
wine produced 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.
3. Each producer who has produced table wine or wine suitable for
yielding table wine may conclude a contract or make a declaration as
referred 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 in the
periods running from the 16th to the 31st days of the previous month and
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. 3
5. The Member States may approve such contracts once ten working
days have elapsed after notifying the Commission pursuant to paragraph
4, unless the Commission has taken special measures in the meantime.
"M1Member States shall notify the Commission of the total volume of
contracts approved at the time of the first notification in accordance with
paragraph 4 following that approval. 3
6. If the quantities for which contracts have been concluded, notified tothe 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 the absorption
capacity of the potable alcohol sector, the Commission shall set a
percentage figure for acceptance of the quantities covered by the
contracts 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 be
distorted.
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 provides
evidence 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.
Article 64
Amount of aid
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.!B2000R1623 — EN — 19.07.2001 — 003.001 — 41
2. Distillers wishing to receive secondary aid shall notify the
intervention agency of the quantity and characteristics of the product
they wish to store and the date when storage is scheduled to commence.
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 deemed
to 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 December
2000 until 30 May 2001 and for at least six months and at most 12
months.
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 aid calculated
in accordance with paragraph 1 of this Article no more than three 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 must
first 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-environmental
programme for the sale of alcohol to the fuel sector, as regards quantities
of alcohol sold under such programmes.
CHAPTER III
PROVISIONS COMMON TO CHAPTERS I AND II
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 such
contracts to the competent intervention agency for approval before a date
to be specified, in accordance with arrangements established by the
Member States.
Along with the contract, evidence shall be presented to the intervention
agency to prove that producers have actually produced and hold the
quantity of wine to be delivered. Such evidence may not be required in
the Member States where the authorities already hold relevant such proof
under other arrangements.!B
!M3
!B2000R1623 — EN — 19.07.2001 — 003.001 — 42
Producers subject to the obligations laid down in Articles 27 and 28 of
Regulation (EC) No 1493/1999 shall also provide distillers with proof
that they have fulfilled those obligations during the period set in
Article 2(2) of this Regulation.
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 competent
authority may limit the number of contracts that a producer can
conclude.
Where distillation is carried out in a Member State other than that in
which the contract is approved, the intervention agency which approved
the contract shall forward a copy thereof to the intervention agency of the
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 a
declaration 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 producer
and 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
bulk merchandise 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, provided
the producers have supplied the competent authority with the proof
referred 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.!B2000R1623 — EN — 19.07.2001 — 003.001 — 43
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 whom
they have received deliveries of wine, together with the number of
the document provided for in Article 70 of Regulation (EC)
No 1493/1999 used for the transport of the wine to the distiller’s
premises,
(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 distilled
and products obtained during the previous month, the latter being broken
down 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, the
information required under paragraph 8 shall be submitted to the
competent 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 as
products enter the distillery.
Where the actual alcoholic strength by volume is indicated in the
contract, a discrepancy of 1 % vol shall be permitted between the
strength 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 of
varieties classified for the same administrative unit as both wine-grape
varieties and varieties intended for the production of wine spirits.
Article 66
Advance payments
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 intervention
agency. 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 or
delivery declaration and per hectolitre of that wine, or by hectolitre of
pure alcohol in the case of the secondary aid referred to in!B
!M1
!B2000R1623 — EN — 19.07.2001 — 003.001 — 44
Article 64(1)(b) of this Regulation. The intervention agency shall pay
advances 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.
Article 67
EAGGF contribution to the cost of distillation operations
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
Processing into fortified wine
1. Wine to be distilled under this Regulation may be fortified. In such
cases, the only product which may be obtained by distilling such fortified
wine shall be wine spirits.
2. Wine shall be fortified for distillation only under official super-
vision.
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 actual
alcoholic strength by volume, expressed in % vol., by indicating the
strength 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 be
determined by an official laboratory or a laboratory working under
official 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 one
copy to the intervention agency of the Member State in which the
wine 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
Preparation of fortified wine
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 of fortified
wine and shall submit it for approval to the competent intervention
agency.!B
(1) OJ L 160, 26.6.1999, p. 103.2000R1623 — EN — 19.07.2001 — 003.001 — 45
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 be
replaced 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 30
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 all
the 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 shall be 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 presentation,
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 paid
within the time allowed.
In cases covered by the second subparagraph of paragraph 1, the
producer shall be required to supply the intervention agency only with
the proof referred to in (a) above.
Article 70
Distillation in another Member State
1. Notwithstanding Article 69(4) of this Regulation, where fortified
wine is distilled in a Member State other than that in which the contract
or declaration was approved, the aid payable for the various distillation
operations may be paid to distillers provided that they submit an!B
!M1
!B2000R1623 — EN — 19.07.2001 — 003.001 — 46
application 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 taken
place.
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, transferring
entitlement to the aid from the maker of the fortified wine to the
distiller and showing the quantities of fortified wine concerned and
the amount of the corresponding aid,
(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 to the 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 2 have been
submitted.
Article 71
Special rules
1. In cases covered by Article 69(1) of this Regulation, the contract or
declaration of delivery for fortification for distillation shall be submitted
to the competent intervention agency for approval not later than
31 December of the wine year concerned. The intervention agency shall
notify 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 wine
year 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 than
30 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 previous
subparagraph 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 been
supplied to the competent intervention agency within 12 months of
submission of the application.!B2000R1623 — EN — 19.07.2001 — 003.001 — 47
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 appropriate through the intervention
agency of the producer’s Member State.
Section III: Administrative provisions
Article 72
Force majeure
1. Where for reasons of force majeure all or part of the product to be
distilled cannot undergo distillation:
(a) if the force majeure affected the product to be distilled while it was
legally at the disposal of the producer, the latter shall inform the
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. In
particular, 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 are
located in two different Member States, the intervention agencies of the
two Member States concerned shall cooperate by directly exchanging
information 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 another
distiller for the quantity of products not yet distilled.
Article 73
Supervision of distillation operations
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 the
product enters the distillery. Sampling may take the form of
representative 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 of the
products obtained.
2. The results of the analysis of part of the wine covered by a contract
shall be valid for the full quantity.!B2000R1623 — EN — 19.07.2001 — 003.001 — 48
3. Member States may also require that an indicator be used. They may
not prevent the movement within their territory of products intended for
distillation or distilled products obtained therefrom on the ground 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 that
such 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 State
concerned.
4. Member States availing themselves of the option provided for in
paragraph 3 shall inform the Commission thereof and shall notify it of
the provisions they have adopted for this purpose. In the cases referred to
in the first subparagraph of that paragraph, the Commission shall inform
the other Member States.
Article 74
Infringements of this Title
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 producer
concerned 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 the Community
rules for the distillation operation in question, for all or part of 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 where a
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.!B
(1) OJ L 176, 29.6.2001, p. 14.!M42000R1623 — EN — 19.07.2001 — 003.001 — 49
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 to
the distiller after payment of the minimum price on the basis of
previous 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;
(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 amount
determined by the competent authority depending on the seriousness
of the infringement.
2. In cases of recognised force majeure , 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 day
of 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 of Article 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
Reduction of the buying-in price for certain enriched wines
1. The buying-in price for wine delivered for distillation under Articles
29 and 30 of Regulation (EC) No 1493/1999 shall be reduced by:
— EUR 0.3626 in Zone A,!M4
!B2000R1623 — EN — 19.07.2001 — 003.001 — 50
— 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 shall
present to the distiller a copy of a statement waiving entitlement to
the aid concerned, stamped by the competent authority designated by
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
competent authorities with satisfactory evidence that during the
wine year they have neither increased the alcoholic strength of their
table wine by adding sucrose nor lodged an application for aid under
Article 34 of that Regulation for their production;
(c) wine and categories of wine for which the Member States do not
authorise or have not authorised an increase in alcoholic strength for
the 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 before
1 August, either directly or through a distiller, and who have neither
increased the alcoholic strength of their table wine production by adding
sucrose 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 year
shall receive the amount indicated in the first subparagraph for the
difference between the quantity of table wine of which they increased the
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 of
their application.
Article 77
Reduction of the aid referred to in Article 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.!B2000R1623 — EN — 19.07.2001 — 003.001 — 51
CHAPTER IV
DISPOSAL OF ALCOHOL OBTAINED BY DISTILLATION
UNDER CHAPTER I OF THIS TITLE AND, WHERE APPLI-
CABLE, ARTICLE 30 OF REGULATION (EC) No 1493/1999
Article 78
Purpose and definitions
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 (subsection
III).
2. For the purposes of this Section, ‘tendering procedure’ shall mean
the organisation of a competition among interested parties in the form of
an invitation to tender or similar procedure, the contract being awarded
to the party submitting the most advantageous tender complying with the
rules laid down in this Regulation.
Subsection I: Disposal of alcohol for new industrial uses
Article 79
Definition of new industrial uses
Without prejudice to Article 31(2) of Regulation (EC) No 1493/1999, the
Commission may issue invitations to tender for the implementation
within 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 in
the 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 countries
to manufacture under inward processing arrangements the same goods as
those exported.
Article 80
Opening tendering procedures
The Commission, acting in accordance with the procedure laid down in
Article 75 of Regulation (EC) No 1493/1999, shall issue an invitation to
tender 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 exceed
400 000 hectolitres of alcohol at 100 % vol. per year.
Article 81
Notice of invitation to tender
Notices issuing invitations to tender shall be published in the Official
Journal of the European Communities .!B2000R1623 — EN — 19.07.2001 — 003.001 — 52
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
Rules applicable to tenders
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,
(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 the
tender.
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 those
tenders 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 of publication
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 shall
communicate to the Commission a list of the names of the tenderers
whose 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 the
alcohol.
Article 83
Award of contracts
1. The Commission, acting in accordance with Article 75 of Regulation
(EC) No 1493/1999, shall decide whether or not to award contracts 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 awarded cover
the entire quantity of alcohol specified in the notice of invitation to
tender.!B2000R1623 — EN — 19.07.2001 — 003.001 — 53
3. Where several admissible tenders relate fully or in part to the same
vats, the Commission shall allocate the quantity of alcohol concerned to
the 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 same
type. In such cases, the relevant tenders shall be deemed to have been
accepted provided that the tenderers in question do not express their
objection 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 the
intervention agency concerned.
4. Should several tenders propose the same price so that the quantity of
alcohol tendered for exceeds the quantity covered by the tendering
procedure, the intervention agency concerned shall award the quantity in
question:
(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.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
Statement of award
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 been
accepted.
Where the Commission proposes substitution under Article 83(3) and the
tenderer does not object, the intervention agency concerned shall issue
the statement of award referred to in the first subparagraph on the
working day following the expiry of the time limit specified in the last
sentence 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 following
the date of issue of the statement of award, each successful tenderer
shall:
(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 in
question is in fact used for the purposes specified in the tender.!B2000R1623 — EN — 19.07.2001 — 003.001 — 54
Article 85
Removal of the alcohol
1. The alcohol may be removed on presentation of a removal order
issued by the intervention agency once the quantity to be removed has
been paid for. That quantity shall be determined to the nearest hectolitre
of 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 shall be
deemed to have been removed on that date. From then on, the purchaser
shall be responsible for any theft, loss or destruction and for the 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
Rules applicable to tendering procedures covered by this subsection
The Commission, acting in accordance with the procedure laid down in
Article 75 of Regulation (EC) No 1493/1999, shall issue several
invitations to tender every quarter, each relating to quantities of at least
50 000 hectolitres of wine alcohol and, taken together, relating to not
more than 600 000 hectolitres of alcohol at 100 % vol., for export to
certain third countries for final use in the 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!B2000R1623 — EN — 19.07.2001 — 003.001 — 55
(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 of invitation to tender
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 several
Member States.
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 more than 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 the
tenderer 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 of
those 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 the submission 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 has
been 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.!B2000R1623 — EN — 19.07.2001 — 003.001 — 56
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 requirements
within the meaning of Article 20 of Commission Regulation (EEC)
No 2220/85 shall be that tenders not be withdrawn after the closing date
for their submission and that a security to ensure export and/or a
performance guarantee be lodged.
Article 89
Award of contracts
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, the
Commission 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
the successful tenderer has lodged in full both the export security and the
performance guarantee for the tendering procedure concerned.
Article 90
Statement of award
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 this
Regulation.
Article 91
Removal of the alcohol
1. The intervention agency holding the alcohol and the successful
tenderer shall agree on a provisional timetable for the removal of the
alcohol.
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 performance
guarantee.
3. The performance guarantee shall amount to EUR 30 per hectolitre of
alcohol at 100 % vol.!B2000R1623 — EN — 19.07.2001 — 003.001 — 57
4. The export security shall amount to EUR 3 per hectolitre of alcohol
at 100 % vol. and shall be lodged for each quantity of alcohol covered 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 specified
in 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 all
obligations relating to that lot.
6. Where a successful tenderer refuses the merchandise, in accordance
with paragraph 5, the intervention agency concerned shall supply another
quantity of alcohol of the required quality at no additional cost within 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 to the
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 agency
concerned. 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 more than
five days later, and the corresponding quantities shall be deemed to have
been removed on that date. From then on, the purchaser shall be
responsible 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 Member State
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 export within
the time allowed. Notwithstanding Article 23 of Regulation (EEC)
No 2220/85, except in cases of force majeure , when the time limit for!B2000R1623 — EN — 19.07.2001 — 003.001 — 58
export is exceeded, the following percentages of the export security of
EUR 5 per hectolitre of alcohol at 100 % vol. shall be forfeit:
(a) 15 % in all cases,(b) 0.33 % of the amount remaining after deduction of the 15 % per day
of delay after the export deadline concerned.
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
Rules applicable to disposal covered by this subsection
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 with
the 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 in
the fuel sector,
— the location of the administrative offices of the refining companies
authorised to distribute fuel up to the consumption stage, unless the
approved 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 of this
assessment.
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 each
sale,
(e) the formalities for obtaining samples,!B2000R1623 — EN — 19.07.2001 — 003.001 — 59
(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 the
procedure laid down in Article 75 of Regulation (EC) No 1493/1999, a
lot shall be made for each firm on the approved list and each firm on the
list shall be allocated a lot. Should a firm not accept the alcohol offered
for 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 be
released from the prohibition on physical movement under Article 95(2)
of this Regulation from the date on which the refusal was notified and
may 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 the procedure
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 used as
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
Removal of the alcohol
Article 91(1), (7), (8) and (11) of this Regulation shall apply to public
sales.
Subsection IV: General provisions and control arrangements
Article 95
Rules applicable to alcohol
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 in
Article 96(4)(d)(i) and (ii) of this Regulation.
No more than 12 days after receiving this request, the Member States
concerned shall inform the Commission of the exact location and
references 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 has
been issued.
This prohibition shall not relate to alcohol in vats not covered by the
notices of invitation to tender or public sale concerned and not specified
in the Commission decision referred to in Articles 83 to 89 of this
Regulation.!B2000R1623 — EN — 19.07.2001 — 003.001 — 60
For logistic reasons in particular, the intervention agencies holding the
vats of alcohol indicated in the communication from the Member States
referred to in paragraph 1 of this Article may replace the alcohol
concerned with other alcohol of the same type, provided the Commission
agrees, or mix it with other alcohol delivered to the intervention agency,
until a removal order is issued for the alcohol concerned.
3. Each month the Member States holding alcohol covered by a
tendering procedure or a public sale shall inform the Commission of the
progress made with the physical removal of the alcohol concerned.
Article 96
Rules applicable to lots
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 several
locations 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 of
Regulation (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 at
100 % vol., shall be described in accordance with paragraph 4.
Article 97
General rules applicable to tenders
1. To be eligible for consideration, tenders must be submitted in writing
and must include, in addition to the specific information referred to 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 characteristics
of the alcohol awarded to them,!B2000R1623 — EN — 19.07.2001 — 003.001 — 61
(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 to
tender.
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. On publication of a notice of invitation to tender and until the
closing date for the submission of tenders in response to such invitation,
all interested parties may obtain samples of the alcohol offered for sale,
against payment of EUR 2 per litre. The quantity made available to each
interested party must not exceed five litres per vat. For disposal as
referred to in subsection III, the sample may be obtained, for the same
consideration, within 30 days of the notice of public sale.
2. After the closing date for the submission of tenders:(a) the tenderer or the approved firm referred to in Article 92 may obtain
samples of the alcohol awarded,
(b) tenderers or approved firms referred to in Article 92 to whom a
substitution is proposed under Article 83(3) of this Regulation may
obtain samples of the replacement alcohol proposed.
Such samples may be obtained from the intervention agency against
payment of EUR 10 per litre, quantities not exceeding five litres per vat.
3. The intervention agency of the Member State in whose territory the
alcohol is held shall take the necessary steps to enable interested parties
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 for
removal 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 possible
for a check to be made before the alcohol was awarded, the Commission
may indicate a replacement quantity, in agreement with the relevant
intervention agency, provided the latter confirms the tenderer’s finding.
The vat in which the replacement quantity is stored shall be determined
in agreement with the intervention agency concerned. Where tenderers
do not object to the transfer by writing to the intervention agency
concerned 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
Requirements applicable to denaturing and/or marking
1. If alcohol is to be denatured, the operation must take place under the
supervision of the Member States concerned between the time when the
removal order is handed over and the time when the alcohol is physically
removed. The cost of such denaturing shall be borne by the successful
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.!B2000R1623 — EN — 19.07.2001 — 003.001 — 62
Article 100
Requirements applicable to securities
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 after
the 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 actually
used 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 concerned
within 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 operations
required 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 authority
and/or international surveillance firm where such a firm has
been appointed under Article 102, provided that such losses are
within the 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 be
withheld from the performance guarantee, except in cases of
force 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 inland
waterway transport operations,
(iv) 2 % of the quantities of alcohol removed from storage in
the case of alcohol losses due to land and sea transport
required in connection with a tendering procedure for
export of alcohol to one of the third countries listed in
Article 86 of this Regulation,
(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
countries listed 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 third
countries listed in Article 86 to this Regulation.!B2000R1623 — EN — 19.07.2001 — 003.001 — 63
!M2
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
certificates or similar documents issued by the competent
inspection authorities.
(c) In the case of alcohol awarded for a new industrial use which
must be rectified prior to the final use intended, the alcohol
removed shall be deemed to have been used entirely for the
specified purpose where at least 90 % of the total quantities of
alcohol removed under a tendering procedure is used for those
purposes; the successful tenderer shall inform the Commission
of the quantity, destination and use of the products rectified.
However, losses may not exceed the limits 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 Vof 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 the
successful tenderer provides each intervention agency concerned
with proof that the relevant quantity of alcohol removed has been
used, 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 the
alcohol, EUR 96 per hectolitre shall be withheld on the
quantities of alcohol lost over and above the limits specified in
paragraph 2.
Article 101
Control arrangements
1. The Member States concerned shall take the necessary steps to
facilitate operations under this Chapter and to ensure that the applicable
Community rules are complied with. They shall designate one or more
bodies to be responsible for checking compliance with those rules.
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 the
successful 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 checks
are effective.
3. The measures taken by the Member States shall be notified to the
Commission before the checks start.!B2000R1623 — EN — 19.07.2001 — 003.001 — 64
Article 102
Use of surveillance 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 the
tendering procedure, particularly the final destination and/or end use of
the alcohol. The cost of such services shall be borne by the successful
tenderer, as shall the cost of analysis and verification pursuant to
Article 99 of this Regulation.
TITLE IV
FINAL PROVISIONS
Article 103
Notifications to the Commission
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
invoking force majeure and the steps taken in those instances by the
competent authorities in the cases referred to in:
(i) Article 9,
(ii) Article 10,
(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);!B2000R1623 — EN — 19.07.2001 — 003.001 — 65
(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 in
degrees 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 this
Regulation:
— 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 con-
sequence.
Article 104
Dates and time limits
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 when
determining the duration of storage periods under Title II of this
Regulation.
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.!B2000R1623 — EN — 19.07.2001 — 003.001 — 66
Article 106
Entry into force
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.!B2000R1623 — EN — 19.07.2001 — 003.001 — 67
ANNEX I
Table of equivalence between the potential alcoholic strength and the readings
at 20 °C from a refractometer used in accordance with the method laid downin Annex XVIII to Regulation (EC) No 1622/2000 establishing a Community
code of oenological practices and processes
(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 35,1651,7 35,2551,8 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 40,0253,0 36,41 40,1253,1 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 41,1854,2 37,45 41,2854,3 37,53 41,3754,4 37,60 41,4754,5 37,69 41,5654,6 37,78 41,6654,7 37,87 41,7654,8 37,94 41,8654,9 38,02 41,95!B2000R1623 — EN — 19.07.2001 — 003.001 — 68
Refractomete, reading
% (p/p)Potential alcoholic strenghth
(% vol)
Concentrated must Rectified concentrated must
55,0 38,09 42,04
55,1 38,16 42,1455,2 38,26 42,2355,3 38,36 42,3355,4 38,46 42,4455,5 38,56 42,5455,6 38,66 42,6455,7 38,76 42,7455,8 38,86 42,8355,9 38,95 42.9356,0 39,06 43.0456,1 39,12 43.1356,2 39,19 43.2356,3 39,26 43.3256,4 39,32 43.4256,5 39,42 43.5256,6 39,52 43.6256,7 39,62 43.7256,8 39,72 43.8156,9 39,82 43.9257,0 39,92 44.0257,1 39,99 44.1257,2 40,07 44.2257,3 40,14 44.3157,4 40,21 44.4157,5 40,31 44.5157,6 40,41 44.6157,7 40,51 44.7157,8 40,60 44.81
57,9 40,69 44.91
58,0 40,78 45.0158,1 40,85 45.1158,2 40,93 45.2158,3 40,99 45.3058,4 41,08 45.4058,5 41,17 45.5058,6 41,27 45.6158,7 41,37 45.7158,8 41,47 45.8058,9 41,57 45.9159,0 41,67 46,0159,1 41,77 46.1159,2 41,87 46.2259,3 41,97 46.3259,4 42,06 46,4359,5 42,14 46.5359,6 42,23 46.6459,7 42,31 46.74!B2000R1623 — EN — 19.07.2001 — 003.001 — 69
Refractomete, reading
% (p/p)Potential alcoholic strenghth
(% vol)
Concentrated must Rectified concentrated must
59,8 42,38 46.83
59,9 42,46 46.9360,0 42,53 47.0360,1 42,63 47.1260,2 42,73 47.2360,3 42,83 47.3460,4 42,93 47.4460,5 43,03 47.5560,6 43,12 47.6560,7 43,20 47.7560,8 43,27 47.8560,9 43,35 47,9461,0 43,42 48,0461,1 43,51 48,1461,2 43,60 48,2561,3 43,69 48,3661,4 43,79 48,4661,5 43,89 48,5761,6 43,99 48,6761,7 44,08 48,7961,8 44,18 48,8961,9 44,28 48,9962,0 44,38 49,1062,1 44,48 49,2062,2 44,58 49,3062,3 44,65 49,4062,4 44,73 49,5062,5 44,80 49,6062,6 44,88 49,71
62,7 44,97 49,81
62,8 45,05 49,9162,9 45,14 50,0263,0 45,24 50,1263,1 45,34 50,2363,2 45,44 50,3463,3 45,54 50,4563,4 45,64 50,5663,5 45,74 50,6763,6 45,84 50,7763,7 45,94 50,8863,8 46,03 50,9963,9 46,11 51,0864,0 46,18 51,1864,1 46,26 51,2964,2 46,33 51,3964,3 46,42 51,4964,4 46,51 51,6064,5 46,60 51,71!B2000R1623 — EN — 19.07.2001 — 003.001 — 70
Refractomete, reading
% (p/p)Potential alcoholic strenghth
(% vol)
Concentrated must Rectified concentrated must
64,6 46,70 51,81
64,7 46,80 51,9264,8 46,90 52,0364,9 46,99 52,1465,0 47,09 52,2565,1 47,21 52,3665,2 47,31 52,4665,3 47,41 52,5765,4 47,51 52,6865,5 47,61 52,7965,6 47,71 52,9065,7 47,82 53,0165,8 47,92 53,1265,9 48,02 53,2266,0 48,12 53,3466,1 48,21 53,4466,2 48,30 53,5466,3 48,40 53,6466,4 48,49 53,7566,5 48,58 53,8666,6 48,67 53,9666,7 48,76 54,0866,8 48,86 54,1866,9 48,95 54,2967,0 49,04 54,4067,1 49,14 54,5167,2 49,23 54,6267,3 49,33 54,7367,4 49,42 54,83
67,5 49,52 54,95
67,6 49,61 55,0667,7 49,71 55,1767,8 49,81 55,2867,9 49,90 55,4068,0 50,00 55,5068,1 50,10 55,6168,2 50,20 55,7268,3 50,30 55,8368,4 50,40 55,9468,5 50,50 56,0668,6 50,60 56,1668,7 50,70 56,2868,8 50,80 56,3868,9 50,90 56,5069,0 50,99 56,6169,1 51,09 56,7269,2 51,19 56,8369,3 51,28 56,94!B2000R1623 — EN — 19.07.2001 — 003.001 — 71
Refractomete, reading
% (p/p)Potential alcoholic strenghth
(% vol)
Concentrated must Rectified concentrated must
69,4 51,38 57,06
69,5 51,47 57,1769,6 51,57 57,2869,7 51,66 57,3969,8 51,76 57,5169,9 51,86 57,6270,0 51,95 57,7270,1 52,05 57,8470,2 52,14 57,9570,3 52,24 58,0770,4 52,33 58,1870,5 52,43 58,2970,6 52,53 58,4170,7 52,62 58,5270,8 52,72 58,6370,9 52,81 58,7471,0 57,91 58,8671,1 53,01 58,9771,2 53,11 59,0971,3 53,21 59,2071,4 53,31 59,3171,5 53,41 59,4271,6 53,51 59,5371,7 53,61 59,6571,8 53,71 59,7671,9 53,81 59,8872,0 53,91 59,9972,1 54,00 60,1172,2 54,10 60,22
72,3 54,20 60,33
72,4 54,30 60,4572,5 54,40 60.5672,6 54,50 60.6872,7 54,60 60.7972,8 54,70 60.9172,9 54,80 61.0273,0 54,90 61.1473,1 55,00 61.2573,2 55,10 61.3773,3 55,20 61.4873,4 55,30 61.6073,5 55,40 61.7273,6 55,50 61.8373,7 55,60 61.9473,8 55,70 62.0673,9 55,80 62.1874,0 55,90 62.2874,1 56,00 62.41!B2000R1623 — EN — 19.07.2001 — 003.001 — 72
Refractomete, reading
% (p/p)Potential alcoholic strenghth
(% vol)
Concentrated must Rectified concentrated must
74,2 56,09 62.52
74,3 56,19 62.6474,4 56,29 62.7674,5 56,39 62.8774,6 56,49 62,9974,7 56,59 63.1074,8 56,69 63,2374,9 56,79 63.3375,0 56,89 63.4675,1 63.5875,2 63.6975,3 63.8175,4 63.9375,5 64.0575,6 64.1675,7 64.2875,8 64.4175,9 64.5476,0 64.6676,1 64.7876,2 64.8976,3 65,0276,4 65,1376,5 65,2576,6 65,3776,7 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 66,4577,6 66,5877,7 66,7177,8 66,8277,9 66,9478,0 67,0678,1 67,1978,2 67,2978,3 67,4178,4 67,5278,5 67,6578,6 67,7778,7 67,8978,8 68,0278,9 68,14!B2000R1623 — EN — 19.07.2001 — 003.001 — 73
Refractomete, reading
% (p/p)Potential alcoholic strenghth
(% vol)
Concentrated must Rectified concentrated must
79,0 68,26
79,1 68,3879,2 68,5179,3 68,6279,4 68,7579,5 68,8779,6 69,0079,7 69,1279,8 69,2479,9 69,35!B2000R1623 — EN — 19.07.2001 — 003.001 — 74
ANNEX II
Minimum quality requirements for table wines provided for in Article 27(b)(i)
of this Regulation
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 berequired to comply with points (a) and (c) above.!
B2000R1623 — EN — 19.07.2001 — 003.001 — 75
ANNEX III
Definition of neutral alcohol referred to in Article 43 of this Regulation
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
—V olatile bases containing nitrogen
expressed in g of nitrogen per hl of alcohol at
100 % vol.0.1
—Furfural Not detectable!B2000R1623 — EN — 19.07.2001 — 003.001 — 76
ANNEX IV
Community analysis method for neutral alcohol
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 (sameoperator, same apparatus, same laboratory and a short interval of time) maybe 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 %.!
B2000R1623 — EN — 19.07.2001 — 003.001 — 77
ANNEX V
Notification of refusal or acceptance of lots in connection with tendering procedures for the export of wine alcohol
— Name of successful tenderer:
— Date of award:
— Date of refusal or acceptance of the lot by the successful tenderer:
!B2000R1623 — EN — 19.07.2001 — 003.001 — 78