2000R1623 — EN — 08.04.2003 — 009.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No1623/2000
of25July2000
layingdowndetailedrulesforimplementingRegulation(EC)No1493/1999onthecommonorga-
nisationofthemarketinwinewithregardtomarketmechanisms
(OJ L 194, 31.7.2000, p. 45)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 2409/2000 of 30 October 2000 L 278 3 31.10.2000
►M2Commission Regulation (EC) No 2786/2000 of 19 December 2000 L 323 4 20.12.2000
►M3Commission Regulation (EC) No 545/2001 of 20 March 2001 L 81 21 21.3.2001
►M4Commission Regulation (EC) No 1282/2001 of 28 June 2001 L 176 14 29.6.2001
►M5Commission Regulation (EC) No 1660/2001 of 16 August 2001 L 221 8 17.8.2001
►M6Commission Regulation (EC) No 2022/2001 of 15 October 2001 L 273 17 16.10.2001
►M7Commission Regulation (EC) No 2047/2001 of 18 October 2001 L 276 15 19.10.2001
►M8Commission Regulation (EC) No 2429/2001 of 12 December 2001 L 328 28 13.12.2001
►M9Commission Regulation (EC) No 2464/2001 of 14 December 2001 L 331 25 15.12.2001
►M10Commission Regulation (EC) No 1315/2002 of 19 July 2002 L 192 24 20.7.2002
►M11Commission Regulation (EC) No 1795/2002 of 9 October 2002 L 272 15 10.10.2002
►M12Commission Regulation (EC) No 625/2003 of 2 April 2003 L 90 4 8.4.2003
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COMMISSIONREGULATION(EC)No1623/2000
of25July2000
laying down detailed rules for implementing Regulation (EC)
No 1493/1999 on the common organisation of the market in wine
withregardtomarketmechanisms
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1493/1999 on the
common organisation of the market in wine (1), and in particular Arti-
cles24, 25, 26, 33, 34, 35, 36 and 80 thereof,
Whereas:
(1)Title III of Regulation (EC) No 1493/1999 laysdown 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 ofCommunity regulations. In the interests of both economic opera-tors in the Community and the authorities responsible for
applying Community rules, all these provisions should be
brought together in a single Regulation.
(3)ThisRegulation mus t include the current rulesand adapt them tothe new requirementsof Regulation (EC) No 1493/1999. Theymust also be simplified and made more coherent and certain
gaps must be filled in to ensure that the Community rules in
this area are complete. In addition, some rules should be mademore specific to ensure greater legal certainty when they areapplied.
(4)Article 35(1)(a) of Regulation (EC) No 1493/1999 introducesan
aid scheme for the use of grape must and concentrated grape
must made from grapes produced in the Community for thepurpose of manufacturing grape juice or other comestibleproductsmade with thisjuice.
(5)Such other comestible products should be specified.
(6)The economic aim of the aid scheme is to encourage the use ofraw materialsof Community origin rather than imported rawmaterialsin the manufacture of grape juice or other comes tibleproductsmade with thisjuice. The aid s hould 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 mate-
rials with the quality characteristics required for processing intogrape juice. It should accordingly be specified in particular thatthe grapes and grape must covered by a statement must have a
density at 20 ºC of between 1.055 and 1.100 grams per cubic
centimetre.
(8)Application of the aid scheme calls for an administrative systemto monitor both the origin of productseligible for the aid andtheir intended use.
(9)To ensure that the aid scheme and the checks operate properly,the processors concerned should be required to submit a writtenstatement containing the information needed to enable the opera-tionsto be monitored.
(10)However, to avoid excessive administration for both the proces-sors and the authorities concerned, no prior written statementshould be required from processors using only a small quantityof grapes or grape must each wine year. That quantity shouldbe fixed. The processors concerned must nevertheless informthe competent authoritiesof their Member State at the beginning2000R1623 — EN — 08.04.2003 — 009.001 — 2
(1) OJ L 179, 14.7.1999, p. 1.
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of each wine year of their intention to process a certain quantity
of grapesor grape mus t.
(11)When the processor is not the user of the product concerned,particularly where the inspecting authority concerned is in adifferent Member State than the processor, it is not always easyfor that authority to know whether a statement relates to grape
must which has not received aid under this Regulation or to
grape juice for which an aid application hasalready beensubmitted. The transport document accompanying the productconcerned should therefore indicate whether an aid applicationhasbeen s ubmitted.
(12)In order for the aid scheme to significantly increase the use ofCommunity raw materials, it should be stipulated that aid appli-cations must be submitted for a fixed minimum quantity for each
product.
(13)Under Article 35(5) of Regulation (EC) No 1493/1999, part of
the aid is to be used to organise campaigns to promote theconsumption of grape juice. The percentage of the aid earmarked
for this purpose should be sufficient to generate adequate funds
to finance effective promotion campaigns.
(14)Processing is carried out by both occasional processors and
undertakingsworking continuous ly. The detailed rulesfor
applying the aid scheme must take account of that difference instructures.
(15)In order to allow the competent authoritiesof the Member Statesto conduct the necessary checks, the obligations of processors asregards stock accounts should be specified.
(16)In order to avoid unwarranted expenditure and facilitate checks,a maximum ratio should be specified between the raw materialsused and the grape juice obtained, based on normal processingtechniques.
(17)For commercial reasons, some operators store the grape juiceobtained for a long time before putting it up for consumption.This being the case, a system of advances should be introducedso that the aid can be paid in advance to operators against asuitable 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 detailedrules for the release of securities.
(18)To qualify for the aid, the parties concerned must submit anapplication together with certain supporting documents. Toensure that the system operates in the same way in all theMember States, time limits should be laid down for the submis-sion of applications and for payment of the aid to processors.
(19)Under Article 44(5) of Regulation (EC) No 1493/1999, grapejuice may not be turned into wine or added to wine. In order toensure compliance with that provision, the obligations andspecial checks devolving on processors and bottlers of grape
juice should be specified.
(20)Article 34 of Regulation (EC) No 1493/1999 introducesan 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
rulesmay be laid down, in particular to s tipulate the conditions
for granting the aid. On that basis, rules should be laid down forapplying the measure in the case of small producers. It shouldalso be stipulated that only producers who have fulfilled theirCommunity obligationsduring a s pecified period are to beeligible under thismeas ure.
(22)The competent authoritiesmus t be informed of enrichmentoperationsinvolving the addition of concentrated grape mus tand rectified concentrated grape must and of the quantities of2000R1623 — EN — 08.04.2003 — 009.001 — 3
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those products which are held. Since the quantities of those
products which are or have been used for enrichment must berecorded in the registers provided for in Article 70(2) of Regula-
tion (EC) No 1493/1999, there isno need to require additional
documentsto be pres ented 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 poten-
tial natural alcoholic strength. To take account of this fact and toavoid disrupting the existing pattern of trade, the aid should bedifferentiated so that a higher amount can be granted for concen-trated grape must and rectified concentrated grape must from the
southernmost regions of the Community, which traditionally
produce must with the highest potential natural alcoholicstrength.
(25)Article 35(1)(b) and (c) of Regulation (EC) No 1493/1999 intro-
duces 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 productsfalling within CN code 2206 00 inthe United Kingdom and Ireland and for the use of concentratedgrape musts produced in the Community to manufacture certain
productsmarketed in the United Kingdom and in Ireland with
instructions for using them to obtain a beverage in imitation ofwine.
(26)Productsfalling within CN code 2206 00 asreferred to inArticle 35(1)(c) of Regulation (EC) No 1493/1999 are currentlyproduced exclusively from concentrated grape must. At thisstage, therefore, aid should be fixed for the use of concentratedgrape must alone.
(27)Application of the aid scheme calls for an administrative systemto monitor both the origin of productseligible for the aid andtheir intended use.
(28)To ensure that the aid scheme and the checks operate properly,the operators concerned should be required to submit writtenapplicationsgiving the information needed to identify theproduct and enable the operationsto be checked.
(29)In order for the aid scheme to significantly increase the use ofCommunity products, it should be stipulated that applicationsmust be submitted for a fixed minimum quantity.
(30)Aid isto be granted only for productshaving the minimumquality characteristics required for use for the purposes referredto in Article 35(1)(b) and (c) of Regulation (EC) No 1493/1999.
(31)In order to enable the competent authoritiesof the MemberStates to conduct the necessary checks, the obligations of proces-sors as regards stock accounts should be specified.
(32)Entitlement to aid is acquired when the processing operations arecompleted. To allow for technical losses, the quantity actuallyused should be allowed to be up to 10 % less than the quantitystated in the application.
(33)For technical reasons, operators lay in their stocks a long timebefore manufacturing the marketed products. This being thecase, 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 unduepayment. The time limit for the payment of advancess houldtherefore be specified, together with detailed rules for the releaseof securities.
(34)Under Chapter I of Title III of Regulation (EC) No 1493/1999,private storage aid may be granted for table wine, grape must,concentrated grape must and rectified concentrated grape must.opened segment Under Article 24(2) of that Regulation, the2000R1623 — EN — 08.04.2003 — 009.001 — 4
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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 obli-gations imposed upon such persons, it should be stipulated thatproducersmus t be the ownersof the productscovered 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
quantitiess tored on the territory of that Member State, and itshould be informed of any change in the product or the placeof storage.
(37)For the sake of uniformity, contracts should be concluded on thesame terms throughout the Community and be sufficientlyprecise to enable the product concerned to be identified.
(38)Experience of the various schemes for the private storage ofagricultural products has shown that it is necessary to specifythe extent to which Council Regulation (EEC, Euratom)No 1182/71 isapplicable for determining periods , datesandtime 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 expiresat the end of the las t hour of thefollowing working day. It may not be in the interest of operatorsfor this provision to be applied in the case of storage contracts,since it could result in unequal treatment where the last days ofstorage are carried over. A derogation must therefore be
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 effecton 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 tablewine, contracts should relate to wines at an advanced stage ofpreparation, but it must be possible during the contract periodto carry out any oenological processes needed to ensure 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 storagecontracts, 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
asquality winesps r.
(44)In order to prevent productscovered by a contract from affecting
the market situation, marketing and certain actions preparatory
thereto should be prohibited during the contractual storageperiod.
(45)Under the third indent of Article 26(1) of Regulation (EC)No 1493/1999, rulesmay be adopted allowing grape mus tcovered by a long-term contract to be processed into concen-trated grape must or rectified concentrated grape must duringthe period of validity of the contract. Since such processing is anormal operation, it should be permitted permanently.2000R1623 — EN — 08.04.2003 — 009.001 — 5
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(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 andrectified concentrated grape must reduces the volume of productin 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 justi-
fied, in cases where the product is processed during storage, forthe aid to remain at the level calculated on the basis of the quan-tity of grape must under contract prior to processing throughoutthe period of validity of the contract. Moreover, the products
obtained must have the characteristics required by the Commu-
nity rules.
(48)The amount of private storage aid should take into account tech-nical storage costs and interest. Technical storage costs candiffer according to the type of product, while the amount of theinterest 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, theamount of aid for concentrated grape must should be 1,5 timeshigher than for grape must. However, the amounts fixed in this
Regulation may be amended to take account of substantial fluc-
tuations in market prices or interest rates.
(49)It must also be possible to shorten the storage period in caseswhere the productsare intended for export once removed fromstorage. Proof that the products have been exported should besupplied in the same way as for refunds, in accordance with
Commission Regulation (EC) No 800/1999 of 15 April 1999
laying down common detailed rulesfor the application of thesystem of export refunds on agricultural products (
1).
(50)To ensure that this system is effective while at the same timetaking into account the administrative requirements of the inter-
vention agencies, a time limit should be laid down for payment
of the aid. However, in the case of long-term contracts, in orderto help meet the cash-flow requirements of the producersconcerned, the Member States should be authorised to introducean advance payment scheme involving the lodging of adequate
securities.
(51)When a storage contract for table wine expires, producers may,
on request, conclude a new contract using simplified formalitiesprovided the conditionsfor the conclus ion of a new contract forthe same product are satisfied.
(52)The market for must and concentrated must for grape juice
production isexpanding and, in order to promote the us e of
vine products for purposes other than wine-making, permissionshould be granted for must and concentrated must covered bystorage contracts and intended for grape-juice production to besold 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 theseproducts.
(53)The products which may be obtained by distillation should bespecified, and in particular the minimum quality requirementsfor neutral alcohol should be laid down. In setting these require-
ments, technological progress should be taken into account, as
should the need to ensure that the alcohol produced can be soldnormally on the markets for the different uses.
(54)The checks on products intended for distillation should be inten-sified.2000R1623 — EN — 08.04.2003 — 009.001 — 6
(1) OJ L 102, 17.4.1999, p. 11.
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(55)In the case of voluntary distillation under Articles 29 and 30 of
Regulation (EC) No 1493/1999, producerss hould be required to
conclude delivery contracts with distillers, to be approved by theintervention agency, so that operations can be supervised andboth parties' compliance with their obligations can be checked.Under such a system the quantitative effects of distillation opera-tionson the market could be more clos ely monitored. However,
the contracts system needs to be adjusted to take account of the
fact that some producers wish to entrust distillation to a jobbingdistiller while others have distillation plant themselves.
(56)Specific rulesare needed to ens ure that wine delivered for one of
the optional distillation operations comes from the producers'
own production. To that end, such producers should be requiredto provide proof that they have actually produced and hold thewine to be delivered. Rules are also needed to ensure that theessential 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 thewine covered by delivery contracts.
(58)Time limits should be set for payment of aid to distillers by theintervention agencies. It should also be possible for the aid to bepaid to distillers in advance. A system of securities is needed toensure that the intervention agency is not exposed to unjustified
risks.
(59)In the case of distillation under Articles 27 and 28 of Regulation
(EC) No 1493/1999, experience hass hown that it isnot always
easy for producers to calculate exactly the quantities of products
they are required to deliver to meet their obligation. Whereproducershave delivered almos t all the quantitiesrequired bythe expiry of the period for delivery and have only to makesome minor adjustments, the penalty imposed should not be outof proportion to the infringement committed. Such producers
should therefore be deemed to have fulfilled their obligations
within the time limits, provided they deliver the quantitiesoutstanding in due course.
(60)Distillation under Articles 27 and 28 of Regulation (EC)
No 1493/1999 playsa vital role in achieving balance on the
market in table wine and indirectly helpsto adjus t wine-growingpotential to requirements. Compulsory distillation must thereforebe enforced very strictly and all persons subject to the obligationto distil must actually deliver the required quantities for distilla-
tion. In some cases exclusion from intervention measures has not
been a sufficient incentive to ensure that persons subject tocompulsory distillation fulfil their obligations. AdditionalCommunity measures are therefore needed for producers whofail to fulfil their obligationswithin the time allowed but whodo fulfil them before another date to be specified.
(61)The variouswine dis tillation operationsmay yield neutralalcohol asdefined in the Annex to thisRegulation, on the bas isof criteria relating to itscompos ition. Community methodsofanalysis should be adopted to ensure that these criteria are
complied with.
(62)These methods must be compulsory for all commercial transac-
tionsand verification procedures . In view of the trade'slimited
facilities, a small number of usual procedures should be allowed
so that the requisite factors can be determined rapidly and withreasonable accuracy.
(63)The Community methods of analysis should be generally recog-
nised methods and should be uniformly applied.
(64)In order to ensure that the results obtained by applying the
analytical methodsreferred to in Regulation (EC) No 1493/1999 are comparable, the termsrelating to the repeatability and2000R1623 — EN — 08.04.2003 — 009.001 — 7
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reproducibility of results obtained using these methods should be
defined.
(65)The buying-in price of wine deliveries should apply ex distiller'spremises. In certain cases, transport is provided by the distillerfor 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 grapemarc and wine leesfor dis tillation would be out of all proportionto the return which they could hope to obtain on the alcoholdistilled 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,
producerss hould be required to deliver only by-productsof
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, suchproducerss hould be allowed to have their by-productswith-drawn under supervision instead of delivering them fordistillation.
(69)Producerswho deliver their marc for the manufacture of oeno-cyanin generally supply unfermented grape marc. The processby which oenocyanin isextracted from s uch marc makesthe
marc unsuitable for fermentation and distillation thereafter.
Those producers should therefore be exempted from the obliga-tion to distil in proportion to the quantity of grape marc theysupply for such manufacture.
(70)When wine delivered for distillation is used to manufacture winevinegar, the volume of alcohol delivered to intervention agenciesis likely to be reduced. Producers should therefore be releasedfrom their obligation to distil where they deliver to the vinegar
industry the wine which would otherwise be necessary to make
up the quantity for compulsory distillation.
(71)Where the by-productsof 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 withdrawnby the end of the wine year in which they were produced. Tothis end, an appropriate monitoring system is needed, whichwill not result in disproportionately high administrative costs,particularly in Member Stateswhos e wine production isvery
low.
(72)Administration of the proof that marc, wine lees and wine havebeen delivered to a distiller should distinguish between whether
the distiller is established in the same Member State as theproducer or in another Member State.
(73)Under Article 27(11) and Article 28(5) of Regulation (EC)No 1493/1999, distillers may opt either to receive aid for theproduct to be distilled or to deliver the product obtained bydistillation to the intervention agency. The amount of aid shouldbe fixed on the basis of the market price for the various productswhich may be obtained by distillation.
(74)To qualify for the aid, the parties concerned must submit anapplication together with certain supporting documents. The
type and number of documentsrequired mus t reflect the differ-
encesbetween wine and wine leeson the one hand and grapemarc on the other. To ensure that the system operates uniformlyin all Member States, applications should be lodged and aid paidto distillers within time limits to be laid down. Some propor-tional allowance should be made for distillers who, although2000R1623 — EN — 08.04.2003 — 009.001 — 8
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they have met their principal obligations, are late in furnishing
proof thereof.
(75)When fixing the price to be paid by the intervention agenciesforthe productsdelivered to them, account s hould be taken of theaverage cost of transporting and distilling the products
concerned.
(76)A single standard price should be fixed for products delivered to
intervention agenciesin connection with dis tillation 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 calculatethe standard price. This situation makes it, or can make it,economically impossible in some of these regions to achievethe objective sought through the compulsory distillation of theby-productsof wine-making. Pricesdifferentiated according to
the raw material of the product obtained by distillation should
therefore be fixed at the same time as the standard price, whileleaving it to the Member Statesto decide whether s uch differen-tiated pricess hould be applied in regionswhere application ofthe 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 pricesdifferentiated according to the origin of the alcohol
should therefore be correlated with the standard price in such away that the weighted average of the former doesnot exceed thestandard price.
(79)In the absence of an organised Community market in ethylalcohol, the intervention agencies responsible for marketing thealcohol which they are obliged to take over following distillationunder Articles27 and 28 of Regulation (EC) No 1493/1999 mus t
resell it at less than the buying-in price. The difference between
the buying-in price and the selling price for such alcohol shouldbe borne, at a standard rate, by the European AgriculturalGuidance and Guarantee Fund (EAGGF) Guarantee Section.
(80)Article 29 of Regulation (EC) No 1493/1999 providesfor dis til-lation to support the wine market and, as a consequence, tofacilitate the continuation of supplies of wine distillate to partsof the potable alcohol sector. To take end-of-the-year surplusesinto account, the measure should come into effect from
1 September each marketing year.
(81)Since the Commission is responsible for organising the sale of
certain wine alcohols, it needs more detailed knowledge of the
transactions carried out on the alcohol market. The information
that the Member States send the Commission about alcoholfrom compulsory distillation should therefore be extended tocover alcohol from voluntary distillation held by the interventionagencies.
(82)The required characteristics of products that may be deliveredfor distillation should be specified in greater detail.
(83)Products entering distilleries should be physically checked usingprocedures that ensure adequate representativeness.
(84)The consequences to be incurred by producers who fail tocomply with their obligations must be specified. However, theCommission should adopt rules on the entitlement to aid ofdistillers who fail to comply with certain administrative timelimits, in particular to take account of the proportionality prin-
ciple.
(85)Rulesare needed to cover cas esof force majeure which may
prevent distillation from taking place as planned.2000R1623 — EN — 08.04.2003 — 009.001 — 9
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(86)To ensure that distillation operations are adequately supervised,
distillers should be subject to a system of approval.
(87)To take account of the actual situation on the market in wine for
distillation, both distillers and makers of fortified wine should beallowed to fortify such wine for distillation and the overallarrangements should be adjusted accordingly.
(88)Member States should be able to restrict the places at whichwine may be fortified for distillation so as to ensure the most
appropriate form of supervision.
(89)Detailed rulesare needed for payment of the buying-in price for
the wine, payment of aid to makersof fortified wine, payment ofthe aid in advance, and the lodging and release of securities.
(90)Since the addition of an indicator to wine for distillation is aneffective method of supervision, it should be stipulated that thepresence 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 productsare trans ported to
distilleries in some Member States, particularly where smallquantities are involved, Member States should be authorised toallow them to be transported in bulk.
(92)In the case provided for in Article 32 of Regulation (EC)
No 1493/1999, for some types of distillation the buying-in price
for wine should be reduced where producers have increased thealcoholic strength by adding sucrose or concentrated grape mustfor which they have either received or applied for aid underArticle 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 eachproducer would therefore require an excessive amount of admin-istrative work liable to delay payment of the aid and affect thewhole intervention system. The buying-in price should thereforebe reduced on the basis of the average increase in the natural
alcoholic strength in each wine-growing zone. To avoid the
excessive amount of administrative work needed to verify theincrease in alcoholic strength for each producer, the buying-inprice for such wine delivered for distillation should be reducedby a fixed amount for each zone or zone division.
(94)It isonly fair that producerss hould 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 mustfor which they have received aid under Article 34 of Regulation(EC) No 1493/1999. Moreover, producerswho have increas edthe alcoholic strength of less of their production than theydeliver for distillation should be paid the full price for the differ-
ence between the quantity enriched and the quantity delivered.
(95)The aid for the product obtained by distillation and the price of
the productstaken over by the intervention agency in connectionwith distillation under Article 28 of Regulation (EC) No 1493/1999 must be adjusted to take account of the reduction in thebuying-in price for the wine.
(96)One feature of the Community market for alcohol isthe exis -tence of stocks resulting from intervention under Articles 27, 28and 30 of Regulation (EC) No 1493/1999 (
1).
(97)Specific detailed rulesare needed for s uch tendering proceduresto ensure that all purchasers are treated equally.
(98)These stocks of alcohol may be disposed of by three differenttypes of tendering procedure, depending on the use and destina-2000R1623 — EN — 08.04.2003 — 009.001 — 10
(1) Recitals98 to 124: s ee the recitalsof Regulation (EEC) No 377/93.
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tion for which the alcohol isintended and the quantitiesof
alcohol at 100 % vol. to be disposed of.
(99)Since the aim of tendering proceduresisto obtain the mos t
favourable price, where the Commission decides to sell
following a tendering procedure the sale must be awarded tothe tenderer offering the highest price. Rules are also neededfor cases where several tenders for the same lot offer the sameprice.
(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 developoutletsin the longer term for s ignificant quantitiesof Commu-nity alcohol without disrupting the market in spirit drinks.
(101)It is necessary to determine which forms of processing intogoods exported under inward processing arrangements may be
considered equivalent to real industrial uses.
(102)In order to ensure that alcohol sold under such tendering proce-
dures is actually used for purposes not likely to disrupt themarket in alcohol, tenders must give a precise indication of theintended 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 tendershould also be specified.
(104)In order not to affect competition with productswhich thealcohol may replace, the Commission should be free to awardno quantitieson the bas isof tendersreceived.
(105)So that sales can be awarded in response to the greatest possiblenumber of tenders submitted where the proposed prices aredeemed satisfactory and the proposed end uses are suitable fordeveloping new industrial outlets for the product, it should bepossible, within certain limits, for tenderers who have submitted
such tenders to be awarded a replacement lot. Such a procedure
is likely to increase sales of Community alcohol and thus reducestocks which must otherwise be managed at a high cost to thebudget.
(106)Irrespective of the margin of tolerance on the overall quantity ofalcohol put up for sale by tender, the price to be paid before a
removal order is issued should be calculated on the basis of a
quantity of alcohol at 100 % vol., determined to the nearesthectolitre.
(107)Regular tendering proceduress hould be held for export of thealcohol awarded to the countriesof the Caribbean area for finaluse in the fuel sector so as to give these countries greater conti-
nuity of supply. Experience shows that this outlet is most
unlikely to disrupt the market and affords a major market oppor-tunity.
(108)The size of the lots put up for sale by tender for export to theCaribbean countries should be linked to normal sea transportcapacity, 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 accord-ingly.
(109)Public sales of wine alcohol for use as fuel within the Commu-nity should be subject to certain conditions so as to provideundertakings with supplies to some extent and take account of
the cost of the investment in processing plant needed for that
particular use, without, however, preventing the alcohol put upfor sale from being physically moved.
(110)It should be specified that public sales of this type shouldinvolve several lots of alcohol where large quantities are setaside for such public sales and that the alcohol in the vats2000R1623 — EN — 08.04.2003 — 009.001 — 11
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concerned can no longer be physically moved until a removal
order has been issued for it.
(111)In the case of sale by tender or public sale for use as fuel, sincephysical removal and processing of the alcohol must take placeover a period of several years, the price per hectolitre of alcoholat 100 % vol. offered by the successful tenderer should beadjusted every three months by applying a coefficient indicated
in the relevant notice of invitation to tender, so that the prices to
be paid for the alcohol awarded more closely follow the fluctua-tion of fuel priceson 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 instorage, it is impossible in practice to know exactly what quan-tity of marketable alcohol is contained in certain storage vats.
(113)Thisbeing the cas e, 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 forsale 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 defectsthat by their nature could not bedetected by them beforehand and that make the alcohol unfitfor the use intended.
(115)Alcohol reserved for certain sales by tender should be denaturedwhere appropriate to prevent it from being used for otherpurposes. The quantity of alcohol awarded in such cases shouldbe denatured by adding petrol.
(116)A system of securities should be introduced to ensure that
tendering proceduresare properly conducted and that the alcohol
is in fact used for the purpose specified in the relevant invitationto tender. Securities should be set at a level which will preventany utilisation contrary to the objectives of the tendering proce-dure 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 ruleslaiddown in Commission Regulation (EEC) No 2220/85 of 22 July1985 laying down common detailed rulesfor the application ofthe system of securities for agricultural products, which alsocoverswine, s hould be taken into account. The primary require-
ments of the obligations subject to a security should therefore be
specified.
(117)Losses may occur when alcohol is being transported by land andsea and processed prior to final use. Account should be taken of
the relevant technical standards to evaluate changes in the
volume of alcohol recorded on loading and unloading and aspecific 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 processedin the third countriescovered by thisRegulation. A higher toler-ance limit should also be set for alcohol losses due to processingoperations in such third countries by comparison with similaroperationsin the Community to take account of operational,
climatic and other conditionsand the fact that s ome equipment
is less efficient in some third countries.
(119)Penalties should be applied for losses exceeding the set tolerancelimitsby withholding a s tandard amount of the performance
guarantee covering the cost price of the alcohol delivered to the
intervention agency in connection with distillation under Articles27, 28 and 30 of Regulation (EC) No 1493/1999. Part of theperformance guarantee should be released only after thesuccessful tenderer has produced evidence concerning all thelosses relating to the tender concerned so that the amount of2000R1623 — EN — 08.04.2003 — 009.001 — 12
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guarantee available is sufficient to penalise such illegal losses of
alcohol.
(120)Some end uses intended for alcohol covered by a tenderingprocedure require all or some of the alcohol awarded to beprocessed into rectified alcohol. Some of the intended uses forthe 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, theconditionson which performance guaranteescan be releas edshould be amended.
(121)The checksmade to verify whether the alcohol isus ed for thepurposes specified in the relevant invitations to tender shouldinclude at least checks equivalent to those applied to the moni-toring of Community-produced alcohol. For the purposes ofchecks on certain uses or destinations, an international surveil-
lance firm may be used to verify whether the contract awarded
isduly fulfilled. In line with the s trengthening and developmentof the internal market, physical checks should be conducted atthe place of departure or destination of alcohol transport opera-tions.
(122)The measures provided for in this Regulation are in accordancewith the opinion of the Management Committee for Wine,
HAS ADOPTED THIS REGULATION:
Article 1
Purpose
Title III of Regulation (EC) No 1493/1999 and thisRegulation lay
down the Community rulesapplicable to market mechanis msin thewine sector.
ThisRegulation laysdown the detailed rulesfor 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 Statesmay rule that operatorss tarting up their activities
for the first time during a given wine year are entitled to aid under thisRegulation only for products resulting from the processing of their own
grape production.
2. Without prejudice to Article 30 of thisRegulation, operatorswho
were subject to the obligations laid down in Articles 27 and 28 ofRegulation (EC) No 1493/1999 during the previouswine year s hall beeligible for the measures provided for in this Regulation only wherethey provide evidence that they fulfilled their obligationsregarding
delivery or withdrawal under supervision during the wine year
concerned.
For the 2000/01 wine year, the obligationsreferred to in the firs t
subparagraph shall be those laid down in Articles 35 and 36 of Regula-tion (EEC) No 822/87.2000R1623 — EN — 08.04.2003 — 009.001 — 13
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TITLEI
AID FOR THE USE OF GRAPES, GRAPE MUST, CONCEN-
TRATED GRAPE MUST OR RECTIFIED CONCENTRATED
GRAPEMUST
CHAPTER I
MANUFACTUREOFGRAPEJUICE
Article 3
Purposeoftheaid
1. ThisChapter laysdown the detailed rulesfor applying the aid
scheme introduced by Article 35(1)(a) of Regulation (EC) No 1493/1999. The aid shall be granted to processors:
(a) who are themselves producers or groups of producers and who
process or have processed on their behalf the grapes they have
harvested, and grape must and concentrated grape must obtainedentirely from their own grape crop, into grape juice or other comes-tible productsmanufactured from s uch grape juice, or
(b) who purchase from producers or groups of producers, either
directly or indirectly, grapesproduced in the Community and grapemust or concentrated grape must, for the purpose of processingthem into grape juice or other comestible products manufacturedfrom such grape juice.
The raw materials used must have been obtained exclusively from
grapesproduced in the Community.
2. At the time it is used to manufacture comestible products, the
grape juice must comply with Council Directive 93/77/EEC.
Article 4
Amountoftheaid
Aid for the use of grapes, grape must and concentrated grape must
under Article 35 of Regulation (EC) No 1493/1999 shall be fixed atthe following rates:
(a) Grapes(per 100 kilograms ): EUR 4.952
(b) Grape must (per hectolitre): EUR 6.193
(c) Concentrated grape must (per hectolitre): EUR 21.655
Article 5
Technicalrequirementsforprocessing
The productsreferred to in Article 4(1) of thisRegulation mus t be of
sound and fair merchantable quality and suitable for processing intogrape juice. The grape must and the must obtained from the grapes
used must have a density at 20 ºC of between 1.055 and 1.100 grams
per cubic centimetre.
Article 6
Administrativerulesapplicabletoprocessors
1. Processors who undertake processing operations throughout the
wine year and who wish to receive aid under Article 35(1)(a) of Regu-
lation (EC) No 1493/1999 shall submit a schedule to the competent
authority of the Member State in which processing takes place beforethe beginning of the wine year or, where they are manufacturing grapejuice for the first time, before beginning such manufacture. The sche-dule shall include at least the following information:
(a) their name or trade name and address;2000R1623 — EN — 08.04.2003 — 009.001 — 14
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(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 Statesmay require quarterly s tatementsand further infor-
mation 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 competentauthority, at least three working days before the beginning of thoseoperations, 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 materialswere 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 kilogramsof grapesor hectolitresof 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 hectolitresfor grape mus t,
(c) 3 hectolitresfor concentrated mus t.
The Member Statesmay 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 toproduce grape juice shall submit a statement to the competent authori-tiesat the beginning of the wine year containing the information
required under (a) and (b) of paragraph 1 of thisArticle. They s hall
not be required to submit the other statements referred to in paragraphs1 and 2 of thisArticle.
4. The statements and schedules referred to in paragraphs 1, 2 and 3
shall be submitted in at least two copies, at least one of which shall bereturned, duly stamped by the competent authority, to the processor.
5. Processors shall keep stock accounts showing in particular the
following information taken from accompanying documentsor theregisters referred to in Article 70 of Regulation (EC) No 1493/1999:
(a) the quantities, density and wine-growing zone of origin of the raw
materialsentering their premis eseach day and, where applicable,
the name and address of the seller(s),
(b) the quantities and density of raw materials used each day,
(c) the quantities of grape juice obtained each day after processing,
(d) the quantitiesof grape juice leaving their premis eseach 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 thisRegulation in their juice-manufacturingpremises, possibly mixing the juice with other products, the informa-tion referred to in (d) in the preceding subparagraph shall not berequired. In such cases, the stock accounts shall show in addition thequantitiesof grape juice packaged each day.2000R1623 — EN — 08.04.2003 — 009.001 — 15
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6. The supporting documents relating to the stock accounts referred
to in paragraph 5 shall be made available to the inspection authoritieson the occasion of any checks.
Article 7
Administrativerulesapplicabletousers
1. For the purposes of this Article, ‘user’ means all operators other
than grape-juice processors who carry out any of the following opera-
tions: bottling, packaging or presenting, preparing comestible productsby mixing grape juiceswith other productsor s toring with a view tosale to one or more undertakings responsible for carrying out the opera-tionsreferred to above.
2. Where processors do not themselves carry out the operations
referred to in paragraph 1, they shall indicate in the accompanyingdocument referred to in Article 70(1) of Regulation (EC) No 1493/1999 whether they have already submitted or intend to submit an appli-
cation for aid to manufacture grape juice under thisRegulation.
3. Where processors dispatch the grape juice to a user within the
Community intending to store it prior to bottling or use in the manufac-
ture 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 daysafter receiving the product,
(b) the competent authority shall stamp the accompanying document
referred to in point (a) only after verifying that a quantity at leastequivalent to that of the consignment concerned has beendispatched, with an appropriate accompanying document, to abottler or an undertaking manufacturing comestible products
covered by thisRegulation, and hasbeen received by that us er.
If the requirementss et out in point (b) have been fulfilled and once the
accompanying document hasbeen received, the competent authority at
the place of unloading shall return the copy of the accompanying docu-
ment referred to in point (a), duly stamped, to the processor/consignorof 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 ofthe accompanying document to the competent authority of the placeof unloading not later than 15 daysafter receiving the product.
Not later than 30 daysafter receiving the copy of the accompanying
document, the competent authority at the place of unloading shallreturn it, duly stamped, to the processor/consignor of the grape juiceconcerned.
However, where processors or users intending to bottle the juice so
request, the competent authority or authorised department at the placeof 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 accom-
panying the grape juice to the competent authority not later than
15 daysafter receiving the product,
(b) the competent authority shall stamp the accompanying document
referred to in point (a) only if it has sufficient assurance that thegrape juice isactually intended for the manufacture of the comes -tible productsconcerned.
Provided such assurance exists, the competent authority at the place of
unloading shall return the copy of the accompanying document referredto in this paragraph, duly stamped, to the processor/consignor of thegrape juice concerned not later than 30 daysafter receiving it.2000R1623 — EN — 08.04.2003 — 009.001 — 16
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6. In the cases covered by this Article, users shall keep stock
accountss howing in particular:
(a) the quantitiesof unpackaged grape juice entering their premis es
each day and the name and address of the consignor/processor,
(b) the quantitiesof unpackaged grape juice leaving their premis es
each day and the name and address of the consignee(s).
(c) the quantitiesof grape juice and/or grape juice mixed with other
productspackaged each day, indicating the quantity of grape juiceused 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 inspec-tion authorities on the occasion of any checks.
Article 8
Aidapplications
1. In order to qualify for the aid, processors covered by Article 6(1)
of this Regulation shall submit one or more applications for aid to 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 thisRegulation. The Member Statesmay require s uch copiesandsummaries to be stamped by an authority responsible for inspec-tions.
2. In order to qualify for the aid, processors covered by Article 6(2)
of this Regulation shall submit an application for aid to the competent
authority no more than six months after completing the processingoperations, together with:
(a) a copy of the statement in their possession,
(b) a copy or summary of the stock accounts referred to in Article 6(5).
The Member States may require such copies and summaries to bestamped by an authority responsible for inspections,
(c) a copy of the document accompanying the transport of the raw
materials to the processor's premises, or a summary thereof. TheMember States may require such copies and summaries to bestamped 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 thisRegulation isaffixed or the date ofexport of the grape juice, the processors concerned shall submit, asthe 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.
4. All the documentsrequired in order to qualify for the aid mus t be
submitted no more than six months after submission of the aid applica-tion. If they are submitted during the six months following thatdeadline, the aid shall be reduced by 30 %. Beyond that date, no aidshall be paid.2000R1623 — EN — 08.04.2003 — 009.001 — 17
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Article 9
Conditionsforgrantingtheaid
1. Except in cases of force majeure , the aid shall be due only for the
quantity of raw materialsactually us ed, not exceeding the followingratio 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 isconcentrated grape juice, thos e ratios
shall be multiplied by 5.
2. Except in cases of force majeure , if processors fail to fulfil one of
the obligationsdevolving on them under thisRegulation other than the
obligation to process the raw materials covered by their aid applica-tionsinto grape juice, the aid to be paid s hall be reduced by anamount fixed by the competent authority depending on the seriousnessof the infringement.
3. In cases of force majeure , the competent authority shall determine
the measures which it considers necessary having regard to the circum-stances invoked.
Article 10
Paymentoftheaid
The competent authority shall pay the aid for the quantity of raw mate-
rials 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 enti-
tlement to the aid. In such cases, payment shall be made only when
the applicant hasbeen recognis ed asentitled to the aid.
Article 11
Advancepayments
1. Processors may request that an amount equal to the aid calculated
for the raw materialsbe paid to them in advance provided that theyprovide evidence that the raw materialshave entered their premis esand 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 submittedat thiss tage.
Where processors make several applications for aid under this Regula-
tion, the competent authority or the department authorised for thepurpose may allow them to lodge a single security. In such cases, thesecurity shall correspond to 120 % of all the amounts calculated inaccordance with the first subparagraph.
2. Advancesasreferred to in paragraph 1 s hall be paid within three
months of the presentation of proof that the security has been lodged.However, no advancess hall be paid before 1 January of the wine year
concerned.
3. After the competent authority or authorised department has
checked all the documentsreferred to in Article 8 of thisRegulation,
the security referred to in paragraph 1 shall be released in whole or in
part, asthe cas e may be, in accordance with the procedure laid down inArticle 19 of Commission Regulation (EEC) No 2220/85. Except incases offorce majeure , the security shall be forfeit where the quantity
used is less than 95 % of the quantity for which the advance was paid.
Where the quantity used is less than 95 % of the quantity for which the
advance was paid, the processor shall continue to be entitled to aid forthe quantity actually processed.2000R1623 — EN — 08.04.2003 — 009.001 — 18
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Where the quantity used is between 95 and 99,9 % of the quantity for
which the advance was paid, the security shall be forfeit only for thequantity not processed during the wine year.
CHAPTER II
AID FOR MUST USED TO INCREASETHE ALCOHOLIC STRENGTH
OFWINEPRODUCTS
Article 12
Purposeoftheaid
1. Aid asreferred to in Article 34(1) of Regulation (EC) No 1493/
1999 shall be granted to producers of table wines or quality winesproduced in specified regions (quality wines psr) who use concentratedgrape must and rectified concentrated grape must produced in theCommunity to increase the natural alcoholic strength by volume of
the productsreferred to in Annex V(C) to Regulation (EC) No 1493/
1999.
2. Notwithstanding paragraph 1, in the case of quantities of ten
hectolitresor les sper wine year, the Member Statesmay decide to
grant the aid to producersof concentrated grape mus t and rectifiedconcentrated grape must when the purchasers are individual wine-growers using the product exclusively for enriching their ownproduction.
The Member States shall adopt detailed rules for applying this measure
and notify the Commission thereof.
Article 13
Amountoftheaid
1. The amount of the aid referred to in Article 34(1) of Regulation
(EC) No 1493/1999 shall be fixed as follows, by potential alcoholic
strength by volume (% vol.) per hectolitre, for the following categories
of products:
(a) Concentrated grape must from grapes harvested:
— in wine-growing zonesC 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 zonesC III (a) and C III EUR 2.206/% vol./hl
— elsewhere EUR 1.955/% vol./hl
However, for wine years2000/01, 2001/2002 and 2002/03 for rectified
concentrated musts obtained from grapes harvested elsewhere than inwine-growing zones C III (a) and C III (b) and produced in establish-
mentsthat began production of rectified concentrated mus tsbefore
1 January 1986 in Spain or before 30 June 1982 elsewhere, the amountshall be that laid down for products of wine-growing zones C III.
2. The potential alcoholic strength of the products listed in para-
graph 1 shall be determined by applying the figures in the table of
equivalence in Annex I hereto to the readingsat 20 ºC from a refract-ometer used in accordance with the method laid down in Annex XVIIIto Regulation (EC) No …./2000 establishing a Community code ofoenological practices and processes.
Article 14
Aidapplications
Producerswis hing to receive the aid provided for in Article 34(1) of
Regulation (EC) No 1493/1999 shall submit an application to thecompetent intervention agency covering all operationsto increas e alco-holic strength to which that Article applies. Applications must reachthe intervention agency within two monthsof the date on which thelast operation was carried out.2000R1623 — EN — 08.04.2003 — 009.001 — 19
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Applicationss hall be accompanied by the documentsrelating to the
operationsfor which aid isreques ted.
Article 15
Conditionsforgrantingtheaid
1. Except in cases of force majeure , no aid shall be payable if the
producer doesnot 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 producersfail to comply
with any of the requirementsof thisRegulation other than that referredto in paragraph 1, the aid payable shall be reduced by an amount to befixed by the competent authority depending on the seriousness of theinfringement.
3. In cases of force majeure , the competent authority shall determine
the measures which it deems necessary in view of the circumstancesinvoked.
Article 16
Paymentoftheaid
The intervention agency shall pay the aid to producers before 31 August
following the end of the wine year concerned, except:
(a) in cases of force majeure ,
(b) where administrative inquiries have been initiated concerning enti-
tlement to the aid. In such cases, payment shall be made only whenthe applicant hasbeen recognis ed asentitled to the aid.
Article 17
Advancepayments
1. From 1 January of the wine year concerned, producersmay
request that an amount equal to the aid calculated for the products
used to increase alcoholic strength be paid to them in advance providedthat 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. Theremaining documents shall be submitted before the end of the wineyear.
2. The intervention agency shall pay advances within three months
of presentation of proof that the security has been lodged.
3. After the competent authority or the authorised department has
checked all the documents, and taking account of the amount to be
paid, the security shall be released in whole or in part, as the casemay be, in accordance with the procedure laid down in Article 19 ofCommission Regulation (EEC) No 2220/85.
CHAPTER III
AID FOR THE MANUFACTURE OF CERTAIN PRODUCTS IN THE
UNITEDKINGDOMANDINIRELAND
Article 18
Purposeandamountoftheaid
1. Aid asreferred 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 grapesproduced within wine-growing zonesC III(a) and C III (b) for the manufacture in the United Kingdom andIreland of productsfalling within CN code 2206 00 for which the2000R1623 — EN — 08.04.2003 — 009.001 — 20
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use of a composite name including the word ‘wine’ may be
allowed by these Member States under Annex VII(C)(3) to Regula-tion (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 grapesproduced in the Community asthe main componentin 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 kilo-gram.
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
Aidapplications
1. Manufacturersand operatorswis hing to receive aid asprovided
for in Article 35(1)(b) or (c) of Regulation (EC) No 1493/1999 shallsubmit a written application, between 1 August and 31 July of thewine year concerned, to the competent authority of the Member Statein which the concentrated grape must is used.
Applications must be made at least seven working days before the
manufacturing operationsbegin.
However, the period of seven working days may be shortened where
the competent authority so authorises in writing.
2. Aid applicationss hall 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 kilogramsor, if the concentrated grape mus t
referred to in Article 35(1)(c) of Regulation (EC) No 1493/1999 isput up in containerswith contentsnot exceeding 5kilograms, the number of containers),
(iii) the density,
(iv) the pricespaid,
(v) the place where the operationsreferred to in Article 35(1)(b)
and (c) of Regulation (EC) No 1493/1999 are carried out.
The Member Statesmay require additional information for the purpos e
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
Conditionsforgrantingtheaid
1. Manufacturers and operators shall be bound to use the full quan-
tity of concentrated grape must covered by an aid application for thepurposes referred to in Article 35(1)(b) and (c) of Regulation (EC)2000R1623 — EN — 08.04.2003 — 009.001 — 21
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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 thisRegulation and thename and address of the seller(s),
(b) the quantities of concentrated grape must used each day for the
purposes referred to in Article 35(1)(b) and (c) of Regulation (EC)No 1493/1999,
(c) the consignments of finished products mentioned in Article 35(1)(b)
and (c) of Regulation (EC) No 1493/1999 produced and dispatchedeach day from their premises, together with the name and address
of the consignee(s).
3. Manufacturersand operatorss hall inform the competent authority
in writing, within one month, of the date when all the concentratedgrape 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 1of thisArticle.
4. Except in cases of force majeure , no aid shall be payable where
manufacturersor operatorsfail to fulfil the requirement s et out in para-
graph 1 of thisArticle.
5. Except in cases of force majeure , where manufacturersor opera-
torsfail to comply with any of the requirementsof thisRegulation
other than that referred to in paragraph 1 of thisArticle, the aid
payable shall be reduced by an amount to be fixed by the competentauthority 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
Paymentoftheaid
The competent authority shall pay aid for the quantity of concentrated
grape must actually used not later than three months after receiving theinformation referred to in Article 20(3) of thisRegulation.
Article 22
Advancepayments
1. Manufacturersand operatorsasreferred to in Article 18 of this
Regulation may apply for an amount equal to the aid to be paid inadvance provided they have lodged a security for 120 % of the saidamount in favour of the competent authority.
2. Advance paymentsasreferred to in paragraph 1 s hall be paid
within three months of presentation of proof that the security has beenlodged, provided that evidence iss upplied that the concentrated grapemust has been paid for.
3. After the competent authority hasreceived the information
referred to in Article 20(3) of thisRegulation, and taking account ofthe amount of aid to be paid, the security referred to in paragraph 1shall be released in whole or in part, as the case may be, in accordancewith the procedure laid down in Article 19 of Commission Regulation(EEC) No 2220/85.2000R1623 — EN — 08.04.2003 — 009.001 — 22
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TITLEII
PRIVATESTORAGEAID
Article 23
Purpose
ThisTitle laysdown the detailed rulesfor applying the s torage 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, concen-
trated grape must, rectified concentrated grape must and table wines,irrespective of the wine year in which they were produced.
Article 25
Amountoftheaid
Storage aid shall be payable throughout the Community at the
following standard rates per hectolitre per day:
(a) EUR 0.01837 for grape must;
(b) EUR 0.06152 for concentrated grape must;
(c) EUR 0.06152 for rectified concentrated grape must;
(d) EUR 0.01544 for table wines.
Article 26
Rulesapplicabletobeneficiaries
1. Intervention agencies shall conclude private storage contracts only
with producers.
For the purposes of this Title, ‘producer’ means any natural or legal
person or group of such persons which carries out, or has carried out
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 recti-
fied concentrated grape must,
(c) the processing of fresh grapes, grape must or grape must in fermen-
tation 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 aprivate storage contract shall be responsible for fulfilling the obliga-tionsreferred to in Article 2 of thisRegulation.
2. Producersmay conclude contractsonly 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 theirmembers.
3. The intervention agency of a Member State may conclude
contractsonly for productss tored 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) ofCouncil Regulation (EEC) No 565/80.2000R1623 — EN — 08.04.2003 — 009.001 — 23
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Article 27
Characteristics ofproductseligible foraid
When contractsare 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 minimumnatural alcoholic strength laid down for the wine-growing zone inwhich they originate,
(b) table wines:
(i) must comply with the minimum quality requirements fixed in
Annex II to thisRegulation for the category for which thecontract isconcluded;
(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 gramsper litre;
(iii) must display a satisfactory 24-hour exposure to air,
(iv) must be free of bad tastes.
(c) The radioactivity levelsof the productsreferred to in Article 24 of
thisRegulation may not exceed the maximum levelspermittedunder Community rules. However, the level of radioactive contam-ination of products shall be monitored only if the situation so
requires and only during the period necessary.
Article 28
Quantitieseligible foraid
1. The total quantity of productsfor which producersconclude
storage contracts may not exceed the quantity stated in their productiondeclaration for the wine year concerned, submitted in accordance withArticle 18(1) of Regulation (EC) No 1493/1999, plusany quantitiesthey obtained after the date on which their declaration wass ubmitted
and recorded in the registers referred to in Article 70 of Regulation
(EC) No 1493/1999.
2. Contractss hall cover a minimum quantity of 50 hectolitresin the
case of table wine, 30 hectolitres in the case of grape must and 10hectolitres in the case of concentrated grape must and rectified concen-trated grape must.
Article 29
Conclusionofcontracts
1. Producersmay conclude contractsprovided they s upply the
following information for each container in which the product
concerned iss tored:
(a) detailsenabling 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 demon-
strated by analysis for malvidol diglucoside.
For grape must, concentrated grape must and rectified concentrated
grape must, the following information shall also be provided:
(c) the reading obtained at a temperature of 20 ºC with a refractometer
used in accordance with the method referred to in the Annex toCommission Regulation (EEC) No 558/93. A disparity of 0.2 shallbe tolerated when the reading ischecked by the authorities .
For table wine, the following analysis data shall also be provided:(d) the total alcoholic strength by volume,2000R1623 — EN — 08.04.2003 — 009.001 — 24
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(e) the actual alcoholic strength by volume,
(f) the total acidity, expressed in grams of tartaric acid per litre or in
milliequivalentsper litre; however, Member Statesmay waive thisrequirement for white wines,
(g) the volatile acid content, expressed in grams of acetic acid per litre
or in milliequivalentsper litre; however, Member Statesmay waive
thisrequirement 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 30daysbefore the contract isconcluded.
2. The Member Statesmay limit the number of contractsthat a
producer can sign each wine year.
3. Contractsfor table winesmay 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 interventionagency 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 Regu-lation. In cases where the declaration is not yet available, a provisionalattestation may be produced.
5. Without prejudice to Article 25(2) of Regulation (EC) No 1493/
1999, contracts shall contain at least:
(a) the name and address of the producers concerned,
(b) the name and address of the intervention agency,
(c) the type of product, classified as indicated in Article 25 of this
Regulation,
(d) the quantity,
(e) the place of storage,
(f) the first day of the storage period,
(g) the amount of aid in euros.
For table wine, contracts shall also include:
(h) a statement that the first racking has taken place,
(i) a clause to the effect that the volume may be reduced by a percen-
tage to be determined by the Commission in accordance with theprocedure laid down in Article 75 of Regulation (EC) No 1493/
1999 should the total volume covered by contracts significantly
exceed the average volumes covered in the last three wine years;such reduction may not reduce the quantities in storage below theminimum levelsreferred to in Article 28(2). Where thisclaus e isapplied, the full amount of the aid due for the period prior to thereduction shall remain payable.
6. The Member Statesmay require further information with a view
to identifying the product concerned.
Article 30
DerogationfromArticle 2ofthisRegulation
The Member States may authorise the conclusion of contracts before
producershave s upplied the evidence referred to in Article 2 of thisRegulation provided such contracts include a statement by producerscertifying that they have met the obligationsreferred to in thatArticle or fulfil the requirement referred to in Article 58 of Title III2000R1623 — EN — 08.04.2003 — 009.001 — 25
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of thisRegulation and that they undertake to deliver the remaining
quantitiesneeded to comply fully with their obligationswithin thetime 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
Beginningofthestorageperiod
1. The first day of the storage period shall be the day following the
date on which the contract isconcluded.
2. However, if a contract relatesto a s torage period beginning after
the day following that on which it isconcluded, the firs t day of thestorage period may not be later than 16 February.
Article 32
Endofthestorageperiod
1. Storage contracts for grape musts, concentrated grape musts and
rectified concentrated grape musts shall expire between 1 August and
30 November following the date of conclusion.
2. Storage contractsfor table winess hall expire between
1 September and 30 November following the date of conclusion.
3. To determine the expiry date, producers shall send the interven-
tion agency a statement specifying the last day of validity of thecontract. The Member Statess hall lay down the requirementsfor
presenting these statements.
In the absence of a statement, contracts shall expire on 30 November.4. Producerswho have not applied for an advance under Article 38
of this Regulation may sell the grape must or concentrated grape mustfor exportation or manufacture of grape juice from the first day of thefifth month of storage.
In such cases, producers shall inform the intervention agency in accor-
dance with paragraph 3.
The intervention agencies shall ensure that the products are actually
used for the purpose stated.
Article 33
Earlyterminationofthecontractattherequestoftheproducer
1. Producerswho have not applied for an advance under Article 38
of thisRegulation may terminate s torage contractsasof 1 Juneprovided 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 quanti-
tiescovered by contractsin accordance with Article 29(5)(i) of this
Regulation, producersmay unilaterally terminate their contract wholly
or in part in the month following the publication of that decision.
Article 34
Detailedimplementingrulesrelatingtostorage
1. Throughout the storage period and until the last day of validity of
the contract, productsin s torage:
(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 thecontract,
(c) may not be kept in containersof les sthan 50 litrescapacity,2000R1623 — EN — 08.04.2003 — 009.001 — 26
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(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 paragraph 6, productsunder contract may
undergo only such oenological treatments and processes as are neces-sary for their preservation. A variation shall be permitted in the
volume entered in the contract which may not exceed 2 % for wine
and 3 % for grape must, concentrated grape must and rectified concen-trated grape must. When there has been a change of vat, the variationpermitted is set at 3 % to 4 % respectively.
3. Without prejudice to Article 33 of thisRegulation, producersmay
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 distil-lation under Title III of thisRegulation on expiry of the contract.
4. Producerss hall inform the intervention agency in advance, within
a period to be laid down by the Member State concerned, of anychange 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 defini-
tively stored.
5. Where producersintend to trans port 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. Producerswho have concluded private s torage contractsfor grape
must may process all or part of that must into concentrated grape mustor rectified concentrated grape must during the period of validity of
their contract.
Producerswho have concluded private s torage contractsfor concen-
trated grape must may process all or part of that must into rectifiedconcentrated grape must during the period of validity of their contract.
Producers may have the processing operations referred to in the
previoustwo s ubparagraphscarried out by a third party provided thatthe said producers own the products obtained after processing and thatthey have presented a prior declaration. The Member State concerned
shall check these operations.
7. The producersconcerned s hall inform the intervention agency in
writing of the date when the processing referred to in paragraph 6 ofthisArticle isto commence, the place of s torage and how the product
isput 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 opera-
tions, producers shall send the intervention agency an analysis reportconcerning the product thusobtained, including asa minimum thedata required for the product concerned under Article 29 of thisRegu-lation.
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 thisRegulation for the
processing referred to in the first subparagraph of paragraph 6,
(b) the amount referred to in Article 25(b) of thisRegulation for the
processing referred to in the second subparagraph of paragraph 6.2000R1623 — EN — 08.04.2003 — 009.001 — 27
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The aid shall be calculated, for the entire storage period, on the basis of
the quantity of product covered by the contract before processing.
Article 35
Changesintheproductduringstorage
1. Should all or part of the product under contract cease to satisfy
the requirementsof Article 34(1) of thisRegulation during the period
of validity of the contract, the producer shall inform the intervention
agency without delay. Such notification shall be supported by ananalysis report. The intervention agency shall terminate the contractfor the quantity concerned with effect from the date of the analysisreport.
2. Should a check carried out by the intervention agency or any
other inspecting agency reveal that all or part of the product undercontract has ceased to satisfy the conditions laid down in Article 34(1)
of thisRegulation during the period of validity of the contract, the
intervention agency shall terminate the contract for the quantityconcerned on the date that it determines.
Article 36
Conditionsforgrantingtheaid
1. Except in cases of force majeure ,
(a) where producersfail to fulfil their obligationsunder Article 34(1)
to (5) and (7) of this Regulation or refuse to submit to checks, noaid shall be payable;
(b) where producersfail to fulfil one of their obligationsunder 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 infrin-gement.
2. In cases where force majeure isrecognis ed, the intervention
agency shall take such action as it considers necessary having regardto the circumstances involved.
Article 37
Paymentoftheaid
1. The aid shall be paid not later than three months after the expiry
date of a contract, except:
(a) in cases of force majeure ,
(b) where administrative inquiries have been initiated concerning enti-
tlement to the aid. In such cases, payment shall be made only whenthe applicant hasbeen recognis ed asentitled to the aid.
2. In cases where a contract has been terminated in accordance with
Articles33 or 36 of thisRegulation, the aid payable s hall be in propor-tion to the actual duration of the contract. The aid shall be paid not
later than three monthsafter the day on which the contract istermi-
nated.
Article 38
Advancepayments
1. Producerswho have concluded long-term s torage contractsmay
request that an amount equal to the aid calculated when the contractisdrawn up be paid to them in advance provided that they have lodgeda 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.2000R1623 — EN — 08.04.2003 — 009.001 — 28
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The remaining balance shall be paid not later than three months after
the date of expiry of the contract.
2. Securitiesasreferred to in paragraph 1 s hall be lodged in the
form of a guarantee given by an institution meeting criteria laid downby 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 islos t 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 thisRegulation res ultsin
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 aiddue. Securities reduced in this way shall be released not later than threemonthsafter the date of expiry of the contract.
3. The Member States shall make the necessary adjustments where
Article 29(5)(i) isapplied.
Article 39
Qualitywines
A table wine which has been the subject of a storage contract may not
subsequently be recognised as a quality wine psr or used in making aquality wine psr, a quality sparkling wine psr, a quality liqueur winepsr or a quality semi-sparkling wine psr as defined in Article 54(1) of
Regulation (EC) No 1493/1999.
TITLEIII
DISTILLATION
Introduction
Article 40
Purpose
ThisTitle laysdown the detailed rulesapplicable to dis tillation as
referred to in Chapter II of Title III of Regulation (EC) No 1493/1999.
Article 41
Definitions
1. For the purposes of this Title:
(a) ‘producer’ means:
(i) for the purposes of Chapter I of this Title: any natural or legal
person or group of such persons having produced wine fromfresh grapes, grape must or partially fermented grape must or
from new wine still in fermentation, obtained personally or
purchased, or any natural or legal person or group of suchpersons subject to the obligations referred to in Article 27 ofRegulation (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 grapemust, 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 authoritiesin 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, and2000R1623 — EN — 08.04.2003 — 009.001 — 29
▼B
(ii) approved by the competent authoritiesin 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
declarationsrelating to the delivery of wine for dis tillation
and receiving and approving contractsrelating to the delivery
of wine for fortification, the intervention agency designated bythe Member State in whose territory the wine is located at thetime when the contract or declaration iss ubmitted,
(ii) for the purposes of paying aid to makers of wine fortified for
distillation under Article 69, the intervention agency desig-nated by the Member State in whose territory the wine isfortified,
(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 authoritiesin the Member State in
which they are established;
(b) buy from a producer asdefined in paragraph 1(a) wine or the by-
products of wine-making or of any other form of processing of
grapeswith a view to having them dis tilled on their own accountby an approved distiller, and
(c) pay the producer not les sfor the productspurchas ed 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 Statesmay s tipulate, in accordance with ruleswhich
they determine, that for the purposes of concluding contracts and deli-vering wine for distillation, associations of wine-growers' cooperativesmay 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 obligationslaid down in Community rules.
Should an association intend to carry out a distillation operation under
thisTitle in agreement with the wine-growers ' cooperativesconcernedduring a specified wine year, it shall inform the intervention agency
thereof in writing. In such cases:
(a) member cooperatives may not individually sign distillation
contractsor make deliveriesfor the dis tillation concerned,
(b) the quantities of wine delivered for distillation by the said associa-
tion shall be booked to the member cooperatives on whose behalf
the delivery ismade.
For the purposes of Article 2 of this Regulation, should one or more
member cooperativesfail to comply with the obligationslaid downtherein, irrespective of the consequences for the latter, the associationshall be excluded from deliveries for the distillation concerned, up tothe limit of the quantitiesof wine delivered on behalf of the wine-growers' cooperatives which committed the infringement.
Member Statesavailing thems elvesof the option provided for in this
paragraph shall inform the Commission thereof and shall notify it ofthe provisions they have adopted for this purpose. The Commissionshall inform the other Member States.
Article 42
Approvalofdistillers
1. The competent authoritiesof the Member Statess hall approve the
distillers established in their territory who intend to perform distillationoperations under this Title and shall draw up a list of the approved2000R1623 — EN — 08.04.2003 — 009.001 — 30
▼B
distillers. However, these authorities may decide not to include on the
list approved distillers who are unable to obtain products of an alco-holic strength of at least 92 % vol. by means of distillation under
Chapter I of thisTitle.
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 amendmentsto it.
2. The competent authority may withdraw approval, either tempora-
rily or permanently, from distillers failing to meet their obligations
under the Community rules.
Article 43
Alcoholobtainedbydistillation
Only the following productsmay be obtained by dis tillation 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
definitionsin Article 1(4)(d) or (f) of Council Regulation (EEC)No 1576/89 of 29 May 1989 laying down general ruleson the defi-
nition, description and presentation of spirit drinks (
1), or
(c) a distillate or raw alcohol with an alcoholic strength of at least 52 %
by volume.
Where the product specified in point (c) in the first subparagraph is
obtained, it may be used only under official supervision for:
(i) the production of an alcoholic beverage,
(ii) processing into one of the products referred to in (a) or (b) above,
with the exception of spirits distilled from grape marc,
(iii) the production of alcohol for industrial purposes.
Member States shall take the necessary measures to ensure compliance
with the obligation laid down in the second subparagraph.
Article 44
Analysismethodforneutralalcohol
Annex V to thisRegulation s etsout the Community methodsfor the
analysis of neutral alcohol as defined in Annex IV hereto.
CHAPTER I
COMPULSORYDISTILLATION
Section I: Distillation of by-products of wine-making
Article 45
Obligationtodeliver by-productsfordistillation
1. Producersrequired to dis til under Article 27 of Regulation (EC)
No 1493/1999 shall discharge their obligations by delivering for distil-lation, not later than 15 July of the wine year concerned:
(a) all of their marc and wine leesto an approved dis tiller, and
(b) where applicable, any wine to an approved distiller or approved
maker of wine fortified for distillation.2000R1623 — EN — 08.04.2003 — 009.001 — 31
(1) OJ L 160, 27.6.1989, p. 1. Last amended by Regulation (EC) No 3378/94
(OJ L 366, 31.12.1994, p. 1).
▼B
Where producers make deliveries to a distiller whose approval has been
withdrawn, the quantities supplied may be counted but there shall beno 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 than25 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 zonesC and the Portugues e wine-
growing zone, persons subject to the obligation referred to in paragraph1 may be released from that obligation by making use of the possibility
provided for in Article 27(8) of Regulation (EC) No 1493/1999
provided they have made wine or processed grapes in any other mannerusing a quantity corresponding to more than 25 hectolitres but not morethan 40 hectolitresof wine.
Article 46
Requirementsforby-productsdelivered fordistillation
1. Notwithstanding Article 27(4) of Regulation (EC) No 1493/1999,
the amount of alcohol contained in productsdelivered for dis tillation
by producersdelivering marc for the manufacture of oenocyanin s hallbe at least 5 % of the amount of alcohol contained in the wine; or atleast 7 % for white quality wines psr.
2. For the purpose of determining the amount of alcohol to be deliv-
ered for distillation in the form of the products specified in Article 48of this Regulation, the standard natural alcoholic strengths by volumeto be applied in the different wine-growing zoness hall 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 requirementsthat wine-making by-productsmus t meet ondelivery to the distillery shall be the following:
(a) grape marc:
(i) in wine-growing zone B: two litresof pure alcohol/100 kilo-
grams,
(ii) in wine-growing zone C: two litresof pure alcohol/100 kilo-
gramswhere it isobtained from varietieslis ted in theclassification of vine varieties for the administrative unitconcerned asvarietiesother than wine-grape varieties ; 2.8 litres
of pure alcohol/100 kilogramswhere it isobtained from vari-
eties listed in the classification for the administrative unitconcerned solely as wine-grape varieties;
(b) wine lees:
(i) in wine-growing zone B: three litresof pure alcohol/100 kilo-
grams, 45 % moisture content,
(ii) in wine-growing zone C: four litresof pure alcohol/100 kilo-
grams, 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 purealcohol, contained in the wine delivered shall be deducted from theamount of alcohol, expressed as pure alcohol, contained in the wine tobe 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 MemberStates, the provisions referred to in Articles 45, 46 and 47 shall applyand aid shall be paid to the person authorised to conduct the experi-ment at a rate of EUR 0,277/% vol/hl.2000R1623 — EN — 08.04.2003 — 009.001 — 32
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In the case of experiments, the Member State may not exceed
100 tonnesof marc and 100 tonnesof wine leesper experiment.
Article 47
Buying-inprice
1. The buying-in price referred to in Article 27(9) of Regulation
(EC) No 1493/1999 shall apply to bulk merchandise ex distiller's
premises.
2. Distillers shall pay the buying-in price as referred to in paragraph
1 to producerswithin three monthsof the day on which the quantityconcerned isdelivered to the dis tillery.
However, unless the producer objects, distillers may:
(a) pay the producer on account 80 % of the buying-in price, no more
than three monthsafter delivery of the products , or
(b) make the payment on account referred in (a) following delivery of
the productsand no later that one month after pres entation of theinvoice 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
Aidtobepaidtodistillers
1. The aid to be paid to distillers for products distilled under
Article 27 of Regulation (EC) No 1493/1999 shall be fixed, per %vol. of alcohol and per hectolitre of product obtained by distillation,asfollows :
(a) neutral alcohol:
(i) flat-rate aid EUR 0.6279
(ii) aid for marc EUR 0.8453
(iii) (aid for wine and wine leesEUR 0.4106
(b) Spiritsdis tilled 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 leesEUR 0.2777
Where the distiller provides evidence that the distillate or raw alcohol
obtained by distillation of marc was used otherwise than as spiritsdistilled from marc, a further amount of EUR 0.3139/% vol./hl maybe paid.
2. Differentiated aid for alcohol distilled from marc or from wine
and wine leesasreferred to in paragraph 1(a):
(a) may be decided on by the Member Stateswhere application of the
flat-rate aid referred to at (i) makes it or could make it impossibleto have one or more of the by-productsof wine-making dis tilled incertain regionsof the Community,
(b) must be paid to distillers where one of these raw materials accounts
for more than 60 % of the total quantitiesthey have dis tilled duringa given wine year.
3. No aid shall be due for quantities of wine delivered for distilla-
tion exceeding the producer'sobligation asprovided for inArticle 45(1) of thisRegulation by more than 2 %.2000R1623 — EN — 08.04.2003 — 009.001 — 33
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Article 49
Exceptionstotheobligationtodeliver fordistillation
1. The obligationslaid down in Article 27 of Regulation (EC)
No 1493/1999 shall not apply to:
(a) producerswho withdraw by-productsof wine-making under s uper-
vision under Article 50(1) of this Regulation,
(b) producersof quality s parkling winesof the aromatic type and
quality sparkling wines and semi-sparkling wines of the aromatictype produced in specified regions who have prepared such winesfrom grape must or partially fermented grape must which hasbeen 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 than25 hectolitres of wine or must during the wine year in question shall befree 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, producerss hall be required to deliver only by-productsof wine-making for distillation under Article 27(3) of that Regulation.
Article 50
Withdrawals
1. Only the following producersmay avail thems elvesof the option
referred to in Article 27(8) of Regulation (EC) No 1493/1999:
(a) those established in production areas where distillation is a dispro-
portionate constraint. A list of the production areas concerned shall
be drawn up by the competent authoritiesof 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 distil-lation costs on account of their low volume of production or thespecial characteristics of production and the location of the distil-leries.
2. For the purposes of Article 27(7) and (8) of Regulation (EC)
No 1493/1999, the by-productss hall be withdrawn without delay andno 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 compe-tent authority.
The withdrawal of the wine lees in question shall be regarded as
having taken place once the leeshave been denatured to make their
use in winemaking impossible and where the delivery of the denaturedleesto third partieshasbeen entered in the regis tersreferred to in thefirst subparagraph. The Member States shall take the measures neces-sary to ensure that such transactions are checked.
Member Stateswhos e wine production exceeds25 000 hectolitresper
year shall check by sampling at least whether the average minimumalcoholic strength referred to in Article 51 has been complied withand whether all the by-productshave been withdrawn within the time
limitss et.
Article 51
Requirementsforby-productswithdrawn
The minimum pure alcoholic strength of the by-products of wine-
making withdrawn under supervision under Article 27(7) and (8) ofRegulation (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,2000R1623 — EN — 08.04.2003 — 009.001 — 34
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(ii) 3 litres/100 kilograms in other cases.
(b) wine lees:
(i) 3.5 litres/100 kilograms in the case of quality white wines psr,
(ii) 5 litres/100 kilograms in other cases.
Section II: Distillation of wine from dual-purpose grapes
Article 52
Determinationofquantitynormallyproduced
1. In the case of wine obtained from grapes of varieties classified as
both wine-grape varietiesand varietiesfor other us esasreferred to inArticle 28 of Regulation (EC) No 1493/1999, the total quantitynormally produced shall be determined for each region concerned.
The total quantity normally produced shall comprise:
— wine productsintended for the production of table wine and wine
suitable for yielding table wine,
— must intended for the production of concentrated must and rectified
concentrated must for the purposes of enrichment,
— must intended for the production of liqueur wines with a designa-
tion of origin,
— wine products for the production of spirits distilled from wine with
a designation of origin.
The reference period shall cover the following wine years:
— 1974/75 to 1979/80 in the Community of Ten,
— 1978/79 to 1983/84 in Spain and Portugal,
— 1988/89 to 1993/94 in Austria.
However, in the case of wine obtained from grapes of varieties classi-
fied asboth wine-grape varietiesand varietiesfor the production of
spirits distilled from wine with a designation of origin, the total quan-tity normally produced in the region during that reference period shallbe reduced by the quantities that have been the subject of distillationother than that to produce spirits distilled from wine with a designation
of origin in that period. Moreover, where the quantity normally
produced in the region isover 5 million hl, thistotal quantity normallyproduced shall be reduced by 1,4 million hl for the 2001/02 and 2002/03 wine years.
2. In the regionsreferred to in paragraph 1, the quantity normally
produced per hectare shall be set by the Member States concerned bydetermining for the same reference period referred to in that paragraphthe portion of wine obtained from grapes of varieties classified in thesame administrative unit as both wine-grape varieties and varieties forother uses.
From the 1998/1999 wine year, asregardswine obtained from grapes
of varieties classified in the same administrative unit as both wine-grape varietiesand varietiesfor the production of s piritsfrom wine
with a designation of origin, the Member States shall be authorised to
allow producerswho have received premiumsfrom the 1997/98 wineyear for the permanent abandonment of part of their vine-growing areasasprovided for in Article 8 of Regulation (EC) No 1493/1999 to main-tain, for the five wine yearsfollowing grubbing, the quantity normallyproduced at the level it stood at before grubbing.
Article 53
Determinationofthequantityofwinetobedistilled
1. All producers subject to the distillation obligation under Article
28 of Regulation (EC) No 1493/1999 shall have distilled the total quan-tity of their production intended for wine-making less their quantitynormally produced asdefined in Article 52(2) and their quantity ofexportsout of the Community during the wine year in ques tion.2000R1623 — EN — 08.04.2003 — 009.001 — 35
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In addition, producersmay deduct from the quantity to be dis tilled
resulting from that calculation a maximum quantity of 10 hl.
2. Where the quantity normally produced isgreater than 5 million hl,
the total quantity of wine to be distilled under Article 28 of Regulation(EC) No 1493/1999 shall be determined by the Member State for eachregion concerned. It shall comprise the total quantity intended forwine-making less the total quantity normally produced as defined in
Article 52 and the quantity of wine exported from the Community in
the wine year in question.
In those regions:
— the Member State shall apportion the total quantity of wine to be
distilled in the region concerned among the individual wine produ-cersin that region in accordance with objective criteria and withoutdiscrimination and shall inform the Commission thereof,
— distillation shall be authorised only if the total quantity intended for
wine-making in the region in the wine year concerned exceedsthe
total quantity normally produced in the region concerned,
— for each wine year a difference of 200 000 hectolitress hall be
allowed between the regional quantity to be distilled and the aggre-gate individual quantities.
Article 54
Datesofdelivery ofwinefordistillation
The wine shall be delivered to an approved distiller not later than 15
July of the wine year concerned.
In cases covered by Article 68 of this Regulation, the wine shall be
delivered to an approved maker of wine fortified for distillation notlater than 15 June of the wine year concerned.
To deduct wine from the quantity to be distilled, the wine shall be
exported from the Community not later than 15 July of the wine year
concerned.
Article 55
Buying-inprice
1. Within three months of delivery to the distillery distillers shall
pay the producersthe buying-in price referred to in Article 28(3) ofRegulation (EC) No 1493/1999 for the quantity delivered. That priceshall apply to bulk merchandise ex producer's premises.
2. In the case of wine obtained from grapes of varieties classified as
both wine-grape varietiesand varietiesfor the production of s piritsdistilled from wine, in accordance with Article 28(3) of Regulation(EC) No 1493/1999, the Member Statesmay vary the buying-in pricepaid to the producers subject to the distillation obligation as a functionof yield per hectare. The provisions adopted by the Member States
shall ensure that the average price actually paid for all wine distilled
isEUR 1,34/% vol/hl.
Article 56
Aidtobepaidtodistillers
The aid provided for in Article 28(5)(a) of Regulation (EC) No 1493/
1999 shall be fixed, in terms of alcoholic strength by volume per hecto-litre of product obtained from distillation, as follows:
(a) neutral alcohol: EUR 0,7728
(b) spirits distilled from wine, raw alcohol and wine
distillate: EUR 0,6401
Where use is made of the possibility of varying the buying-in price in
accordance with Article 55(2), the aid referred to in the first paragraphshall vary by an equivalent amount.2000R1623 — EN — 08.04.2003 — 009.001 — 36
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No aid shall be payable on alcohol obtained from quantities of wine
delivered for distillation that exceed by more than 2 % the amountwhich the producer must have distilled under Article 53 of this Regula-
tion.
Article 57
Exceptionstotheprohibitiononmovementofwine
Where a derogation isgranted under Article 28(1) of Regulation (EC)
No 1493/1999, wine covered by that Article may be moved to:
(a) a customs office for completion of customs export formalities
followed by departure from the customs territory of the Commu-
nity, or
(b) the premises of an approved maker of wine fortified for distillation
with a view to fortification.
Section III: Common provisions applicable to Sections I and II of
this Chapter
Article 58
Partial deliveries
Producerss ubject to one of the obligationsreferred to in Articles45
and 54 who have delivered at least 90 % of the quantity of product
which they are obliged to deliver before 15 July of the current wineyear may discharge their obligation by delivering the remaining quan-tity before a date to be fixed by the competent national authority,which may not be after 31 July of the following wine year.
In such cases:
(a) the buying-in price for the remaining quantitiesreferred to in the
first subparagraph and the price for the alcohol produced therefromand delivered to the intervention agency shall be reduced by anamount equal to the aid for neutral alcohol fixed for the distillationoperation in question in accordance with Article 48(1)(a)(i) and
Article 56(a) of thisRegulation,
(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 inter-
vention agency shall be adjusted by the competent authority to takeaccount of the extended time limit for delivery.
Article 59
Proofofdelivery
As proof of delivery, distillers shall provide producers, before
31 August of the following wine year, with a certificate stating at leastthe type, quantity and alcoholic strength by volume of the products
delivered, aswell asthe datesof delivery.
However, where producersdeliver the productswhich they are to have
distilled to a distillery located in a Member State other than that inwhich the products were obtained, the distiller shall require the inter-
vention agency of the Member State of distillation to certify that the
distillery has taken over the products in question on the official docu-ment provided for in Article 70 of Regulation (EC) No 1493/1999covering transport of the products. The distiller shall forward a copyof the duly certified document to the producer within one month ofreceiving the productsto be dis tilled.2000R1623 — EN — 08.04.2003 — 009.001 — 37
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Article 60
Proofstobesuppliedbydistillerstointerventionagencies
1. In order to qualify for aid, distillers shall submit an application to
the intervention agency, no later than 30 November following the wine
year concerned, enclosing for the quantities covered by their applica-
tion:
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 documentis required for transport of the products to the distiller'spremises or, otherwise, the reference number of the trans-port document used under national rules;
(ii) in the case of grape marc, a list of the names of the producers
who have delivered marc and the quantity of alcohol containedin the marc delivered for distillation under Article 27 of Regu-lation (EC) No 1493/1999;
(b) a declaration, stamped by the competent authority designated by
the Member State, stating at least:
(i) the quantity of productsobtained by dis tillation, broken down
by category asindicated in Article 43 of thisRegulation,
(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 thetime allowed.
However, Member Statesmay provide for s implified arrangementsfor
presenting evidence of the payment of the minimum buying-in price fordistillation of the by-products of wine-making after obtaining theagreement of the Commission to such arrangements.
2. Where producers carry out the distillation themselves, the docu-
mentsreferred to in paragraph 1 s hall be replaced by a declaration,stamped by the competent authority of the Member State, stating atleast:
(a) the type, quantity, colour and alcoholic strength by volume of the
product to be distilled,
(b) the quantity of productsobtained from dis tillation, broken down by
category asindicated in Article 43 of thisRegulation,
(c) the dateson which thes e productswere obtained.
3. Proof that the minimum price hasbeen paid may be replaced by
proof that a security has been lodged in favour of the interventionagency. 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 laterthan 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 thisRegulation, proof that the buying-in price hasbeen paid s hall bereplaced by proof that the payment on account hasbeen 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 threemonths after submission of the application together with the requisitedocuments.
6. If it isfound that the dis tiller hasnot paid the buying-in price to
the producer, the intervention agency shall pay the producer an amountequal to the aid before 1 June following the wine year concerned,where appropriate through the intervention agency of the producer'sMember State.2000R1623 — EN — 08.04.2003 — 009.001 — 38
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Article 61
Datesofdistillationoperations
1. Any wine delivered to meet the obligation laid down in Article 27
of Regulation (EC) No 1493/1999 may not be distilled before 1
January of the wine year concerned.
2. Not later than the 10th of each month, distillers shall send the
intervention agency a statement of the quantities of products distilledand productsobtained during the previousmonth, the latter beingbroken down by category asindicated in Article 43 of thisRegulation.
3. Distillation may not take place after 31 July of the wine year
concerned.
Article 62
Delivery ofalcoholtotheinterventionagency
1. Without prejudice to the application of Articles27(12) and 28(6)
of Regulation (EC) No 1493/1999, distillers may deliver products withan alcoholic strength of at least 92 % vol. to the intervention agencyuntil 30 November following the wine year concerned at the latest.
The operations necessary to obtain the product referred to in the first
subparagraph may be carried out either at the premises of the distillerdelivering 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 delivering to the intervention agency may not physi-cally keep the delivered alcohol on their premises; it must be stored onpremises managed by the intervention agency.
Notwithstanding the first subparagraph, as regards Portugal and for the
2000/01 wine year, distillers may deliver products of an alcoholicstrength of at least 92 % vol to the intervention agency until 31December following the wine year concerned at the latest.
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 pricess hall be reduced by EUR 0.5/% vol./hl of alcohol.
3. Differentiated pricesfor 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 Stateswhere application of the
standard price makes it or could make it impossible to have one or
more of the by-productsof wine-making dis tilled 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 quantitiesthey have dis tilled during
a given wine year.
4. In the case of distillers who have received aid under Articles 48
and 56 of thisRegulation, the pricesreferred to in paragraph 2 s hall bereduced by an amount equal to the aid.
5. The intervention agency shall pay distillers no more than three
monthsafter the day on which the alcohol isdelivered, provided thedocumentsand evidence referred to in Article 60 have been pres ented.2000R1623 — EN — 08.04.2003 — 009.001 — 39
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CHAPTER II
OPTIONALDISTILLATION
Article 63
Purpose
Thischapter laysdown the detailed rulesfor applying the arrangements
for distilling wine to produce potable alcohol as referred to in Article29 of Regulation (EC) No 1493/1999.
Article 63a
Openingofdistillation
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 for the period from 1 October to 15 December each wineyear, but from 1 October to 30 December for the wine year 2002/03.
2. The volume of table wine and wine suitable for yielding table
wine for which each producer may sign contracts shall be limited to a
percentage to be specified of his wine production declared during oneof the last three wine years including the production for the currentyear if already declared. During a given year the producer may notchange the production year chosen as the reference for the calculation
of that percentage. For the wine year 2002/03 that percentage shall be
25 %.
The volume of table wine and wine suitable for yielding table wine
produced shall be only that given as wine in the column headed ‘Table
wines’ in the declaration of quantities produced referred to in Table C
of Commission Regulation (EC) No 1282/2001 (
1).
3. Each producer who, during the current wine year, hasproduced
table wine or wine suitable for yielding table wine may conclude one
or more contractsor make one or more declarationsasreferred to in
Article 65 of thisregulation. The contractsor declarationss hall beaccompanied by evidence of the lodging of a security of EUR 5 perhectolitre. Such contractsor declarationsmay not be trans ferred.
4. The Member States shall notify the Commission by 10 January of
the current year at the latest of the total volume covered by contracts or
declarations submitted under Article 65(1) for distillation during theperiod referred to in paragraph 1. However, for the wine year 2002/03the above date shall be 15 January.
5. If the quantitiescovered by contractsor declarationsnotified to
the Commission by the date referred to in paragraph 4 exceed or mayexceed the quantities corresponding to available budget resources orare substantially in excess of the absorption capacity of the potablealcohol sector, the Commission shall set a single percentage for accep-
tance of the quantitiescovered by the contractsor declarations
concerned. In that case, the security referred to in paragraph 3 shallbe released for the quantities notified but not accepted.
6. The Member States shall approve such contracts or declarations
between 25 January and 15 February:
— for the entire quantity if the Commission has not set the reduction
percentage referred to in paragraph 5,
— for the quantity resulting from application of the reduction percen-
tage if one hasbeen s et.
However, for the wine year 2002/03 the above datess hall be 1
February and 20 February.
The Member States shall notify the Commission of the total volume
under approved contractsby 20 March of the current wine year at thelatest.2000R1623 — EN — 08.04.2003 — 009.001 — 40
(1) OJ L 176, 29.6.2001, p. 14.
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Contractsor declarationss ubmitted to the competent authoritiesin the
Member States but not notified to the Commission pursuant to para-graph 4 cannot be approved.
7. Notwithstanding paragraph 5, the Member States may approve
contractsor declarationsbefore 25 January for a quantity not exceeding
30 % of the quantity given in the contractsor declarations . However,
for the wine year 2002/03 that percentage shall be 35 %.
8. The amounts of wine to be supplied under contract shall be deliv-
ered to a distillery by 15 July of the wine year at the latest.
9. The security referred to in paragraph 3 shall be released in
proportion to the quantitiess upplied when the producer providesevidence of delivery to a distillery. Where a contract is performed forat least 95 % of the quantity for which it is concluded the security shallbe released in its entirety.
10. The wine supplied to the distillery shall be distilled by 30
September of the following wine year at the latest.
Article 64
Amountofaidandrulesapplying
1. The primary aid referred to in Article 29(4) of Regulation (EC)
No 1493/1999, to be paid to distillers or, in cases as referred to inArticle 65(3) of thisRegulation, to producersfor wine dis tilled underthis chapter shall be fixed, in terms of alcoholic strength by volumeper hectolitre of product obtained from distillation, as follows:
— EUR 1,751/% vol/hl for raw alcohol, wine distillate and spirits
distilled from wine,
— EUR 1,884/% vol./hl for neutral alcohol.
Aid applications must be submitted to the competent authority no later
than 30 November of the following wine year.
The competent authority shall pay the aid within three months of the
date of submission of the proof referred to in Article 65(8) of thisRegulation.
2. The secondary aid for the storage of alcohol obtained from distil-
lation referred to in Article 29(6) of Regulation (EC) No 1493/1999
shall be EUR 0,00042/% vol/hl of product obtained from distillation
per day.
Storage applications must be submitted to the competent authority not
later than one month before the date on which storage is to begin.Applicationsmay concern only alcohol which hasalready beenproduced. They shall state at least the quantity and the characteristicsof the product to be stored and the anticipated dates of the beginningand end of storage.
Unless the competent authority objects within the above one-month
time limit, the date when storage is scheduled to begin shall be deemed
to be the actual beginning date.
The secondary aid shall be paid solely to distillers and only:
— for at least 100 hectolitres of product obtained from distillation
stored in containers of a capacity of at least 100 hectolitres, and
— for no less than six months and no more than 12 months. From the
seventh month, distillers who have not claimed the advance referred
to in Article 66 of thisRegulation may terminate the contract inadvance by specifying the final date in a statement addressed tothe competent authority at least one month before the chosen date.
The quantity of alcohol for which a distiller may conclude storage
contractsduring a given wine year may not exceed the quantity ofproducts obtained by that distiller by distillation under this chapterduring that wine year or one of the two yearspreceding it.2000R1623 — EN — 08.04.2003 — 009.001 — 41
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Distillation products eligible for storage contracts shall have been
obtained by the distiller himself during the wine years referred to inthe above paragraph or, where applicable, during preceding wine years.
A margin of tolerance of 0,2 % per month calculated in relation to
alcohol content shall be allowed for the stored volume of productsobtained from distillation. Where that percentage is not exceeded theaid shall remain payable; if it is exceeded no aid shall be paid.
Aid applications must be submitted to the competent authority no later
than six months after the end of the storage period. The Member States
shall establish the detailed rules for this.
The competent authority shall pay the secondary aid no later than three
monthsafter the date on which the aid application wass ubmitted.
3. Distillation products qualifying for aid under this Article may not
subsequently be bought in by the public authorities. Should distillersnevertheless wish to sell their alcohol to the public authorities, theymust first reimburse the aid they have received.
As an exception, the first subparagraph shall not apply to quantities of
alcohol sold by public authorities under programmes that do not inter-fere with traditional uses, such as agrienvironmental programmes forthe sale of alcohol to the fuel sector.
CHAPTER III
PROVISIONSCOMMONTOCHAPTERSIANDII
Section I: General
Article 65
Delivery contracts
1. All producersintending 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 referredto 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 bythe Member States.
Along with the contract, evidence shall be presented to the intervention
agency to prove that producershave actually produced and hold thequantity of wine to be delivered. Such evidence may not be required
in the Member Stateswhere the authoritiesalready hold relevant s uch
proof under other arrangements.
Producerss ubject to the obligationslaid down in Articles27 and 28 of
Regulation (EC) No 1493/1999 shall also provide distillers with proofthat they have fulfilled those obligations during the period set inArticle 2(2) of thisRegulation.
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
hasbeen approved by the competent intervention agency. The compe-
tent authority may limit the number of contractsthat a producer can
conclude.
Where distillation is carried out in a Member State other than that in
which the contract isapproved, the intervention agency whichapproved the contract shall forward a copy thereof to the interventionagency of the Member State of distillation.2000R1623 — EN — 08.04.2003 — 009.001 — 42
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3. Producersasreferred to in paragraph 1 of thisarticle who them-
selves possess distillation facilities and who intend to carry out thedistillation covered by this chapter shall submit a declaration of
delivery for distillation, hereinafter referred to as the ‘declaration’, to
the competent authority for approval before a date to be specified.
Producersin wine-growing zone A or in the German part of wine-
growing zone B or in areasplanted with vinesin Aus tria asreferredto in Article 27(7) of Regulation (EC) No 1493/1999 may have thedistillation referred to in this chapter carried out on the premises of an
approved distiller working on a subcontracting basis. To that end they
shall submit a declaration of delivery for distillation, hereinafterreferred to asthe ‘declaration’, to the competent authority for approvalbefore a date to be specified.
Producerss ubject to the obligationsreferred to in Articles27 and 28 of
Regulation (EC) No 1493/1999 shall also provide the competent inter-
vention 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 theproducer 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 bythisArticle.
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 tobulk merchandise ex producer's premises.
7. Distillers shall pay producers the minimum purchase price
referred to in paragraph 6 within three monthsof delivery of the
wine, provided the producershave s upplied the competent authority
with the proof referred to in the third subparagraph of paragraph 1 ofthisArticle within two monthsof delivery. If the s aid proof isprovidedmore than two months after delivery, distillers shall pay within onemonth.►
M11Member States may stipulate shorter time limits or
specific dates for the presentation of that proof to the competent
authorities. ◄
8. Distillers shall forward to the competent authority, within the
time limit set by the Member State:
(a) detailsof the quantity, colour and actual alcoholic s trength by
volume of the wine in each delivery from each producer fromwhom they have received deliveriesof wine, together with thenumber of the document provided for in Article 70 of Regulation
(EC) No 1493/1999 used for the transport of the wine to the distil-
ler's premises;
(b) proof that the total quantity of wine stipulated in the contract or
declaration hasbeen dis tilled within the time allowed;2000R1623 — EN — 08.04.2003 — 009.001 — 43
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(c) proof that they have paid the producer the purchase price referred
to in paragraph 6 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 interven-
tion agency a statement of the quantities of products distilled and
productsobtained during the previousmonth, the latter being brokendown by category asindicated in Article 43 of thisRegulation.
9. If distillation is carried out by producers themselves in their capa-
city as distillers or by distillers acting on the producer's behalf, theinformation required under paragraph 8 shall be submitted to thecompetent intervention agency by the producer.
10. Member States shall carry out representative spot checks on the
wine covered by contractsand s hall check in particular:
(a) that the producer hasactually produced and holdsthe quantity of
wine to be delivered,
(b) that the wine entered in the contract belongsto 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 isapproved and the wine entersthe dis tillery.Member Stateswith more effective arrangementsfor checking point (a)in the first subparagraph of this paragraph need carry out checks only
asproductsenter the dis tillery.
Where the actual alcoholic strength by volume is indicated in the
contract, a discrepancy of 1 % vol shall be permitted between thestrength indicated and that determined when the check is carried out.
Article 65a
Requirements for alcohol obtained by the distillation of certain
wines
Only a product with an alcoholic strength of 92 % vol or more may be
obtained by the direct distillation of wines obtained from grapes ofvarieties classified for the same administrative unit as both wine-grapevarietiesand varietiesintended for the production of wine s pirits .
Article 66
Advancepayments
1. Distillers or, in the case referred to in Article 65(3) of this Regu-
lation, producers, may request that an amount equal to the aid fixed forthe distillation operation concerned be paid them in advance, providedthat 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 hectolitreof pure alcohol in the case of the secondary aid referred to inArticle 64(1)(b) of thisRegulation. The intervention agency s hall payadvancesno more than three monthsafter pres entation 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) ispres ented within the time allowed.
Article 67
EAGGF contributiontothecostofdistillationoperations
1. The EAGGF Guarantee Section shall finance part of the expendi-
ture incurred by intervention agenciesin taking alcohol over.2000R1623 — EN — 08.04.2003 — 009.001 — 44
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The financial contribution shall be equal to the aid fixed under Articles
48 and 56 and Article 68(a) of thisRegulation and purs uant to Article 3of Regulation (EC) No 1493/1999.
The advance on the price to be paid to distillers by the intervention
agency, which may be provided for under the distillation referred toin Article 30 of Regulation (EC) No 1493/1999, shall be the same asthe aid provided for in the second subparagraph.
2. Articles4 and 6 of Regulation (EC) No 1258/1999 (
1) shall apply
to the contribution.
Section II: Fortified wine
Article 68
Processing intofortified wine
1. Wine to be distilled under this Regulation may be fortified. In
such cases, the only product which may be obtained by distilling suchfortified wine shall be wine spirits.
2. Wine shall be fortified for distillation only under official supervi-
sion.
For thispurpos e:
(a) the document(s) and register(s) required under Article 70 of Regu-
lation (EC) No 1493/1999 shall show the increase in actual
alcoholic strength by volume, expressed in % vol., by indicatingthe 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 laboratoryworking 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 whichthe wine isfortified.
3. Wine shall be fortified for distillation during the period laid down
for the distillation operation in question.
4. Member Statesmay res trict the number of locationsat which
wine may be fortified for distillation, should this be necessary to ensure
that the most effective method of supervision can be used.
Article 69
Preparationoffortifiedwine
1. In cases where the option referred to in Article 68(1) is exercised
and where the wine isnot fortified by or on behalf of a dis tiller, produ-cerss hall conclude a delivery contract with an approved maker offortified wine and shall submit it for approval to the competent inter-vention agency.
However, in the case of producers who are approved as makers of
fortified wine and who intend to fortify the wine for distillation them-
selves, the contract referred to in the first subparagraph shall bereplaced by a declaration of delivery.
2. Contractsand declarationsasreferred to in paragraph 1 s hall be
covered by rulesadopted 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 to2000R1623 — EN — 08.04.2003 — 009.001 — 45
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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
thisTitle.
The aid to be paid to makersof fortified wine s hall 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 Regula-
tion (EC) No 1493/1999;
— EUR 0.6158 for distillation as provided for in Article 28 of Regula-
tion (EC) No 1493/1999;
— EUR 0.1715 for distillation as provided for in Article 29 of Regula-
tion (EC) No 1493/1999.
Where the buying-in price isvaried asprovided 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 forti-
fied 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 therequirementsfor payment of the aid have already been met.
Where makersfortify wine in connection with variousdis tillation
operationsgoverned by different provis ionsof Regulation (EC)No 1493/1999, they may lodge a single security. In such cases, thesecurity shall be equal to 120 % of all the aid to be paid for fortifica-
tion in connection with the said distillation operations.
The intervention agency shall release the security following presenta-
tion, within the time allowed:
(a) of proof that the total quantity of wine fortified for distillation indi-
cated in the contract or declaration hasbeen dis tilled 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 hasbeen paidwithin the time allowed.
In cases covered by the second subparagraph of paragraph 1, the
producer shall be required to supply the intervention agency only withthe proof referred to in (a) above.
Article 70
DistillationinanotherMember State
1. Notwithstanding Article 69(4) of this Regulation, where fortified
wine isdis tilled in a Member State other than that in which thecontract or declaration wasapproved, the aid payable for the variousdistillation operations may be paid to distillers provided that theysubmit an 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 distilla-tion hastaken place.
2. Applicationsasreferred to in paragraph 1 s hall 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 entitle-ment to the aid from the maker of the fortified wine to the distillerand showing the quantities of fortified wine concerned and theamount of the corresponding aid,2000R1623 — EN — 08.04.2003 — 009.001 — 46
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(b) a copy of the contract or declaration referred to in Article 69(1),
approved by the competent intervention agency,
(c) a copy of the analysis report referred to in Article 68,
(d) proof that the minimum purchase price of the wine has been paid
to the producer,
(e) the document required under Article 70 of Regulation (EC)
No 1493/1999 for the transport of fortified wine to the distillery,
showing the increase in actual alcoholic strength by volume,
expressed in % vol., by indicating the strength before and afteraddition of the distillate to the wine,
(f) proof that the fortified wine concerned hasbeen dis tilled.
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
monthsafter the application and the documentslis ted in paragraph 2have been submitted.
Article 71
Specialrules
1. In cases covered by Article 69(1) of this Regulation, the contract
or declaration of delivery for fortification for distillation shall besubmitted to the competent intervention agency for approval not laterthan 31 December of the wine year concerned. The intervention agency
shall notify the producer of the outcome of the approval procedure
within 15 daysof the date on which the contract or declaration issubmitted.
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 hasbeen
approved.
3. No later than the 10th of each month, makersof fortified wine for
distillation shall send the intervention agency a statement of the quan-titiesof wine delivered to them during the previousmonth.
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, enclosingproof 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 subpar-
agraph hasbeen lodged. It may not be paid until the contract or
declaration hasbeen approved.
5. Subject to Article 69(4) of this Regulation, the security shall be
released only if the documents referred to in that Article have beensupplied to the competent intervention agency within 12 months ofsubmission of the application.
6. If it isfound that a maker of fortified wine hasnot paid the
purchase price to the producer, the intervention agency shall pay theproducer an amount equal to the aid, before 1 June of the wine yearfollowing that in which the wine wasdelivered, where appropriatethrough the intervention agency of the producer'sMember 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 the2000R1623 — EN — 08.04.2003 — 009.001 — 47
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intervention agency of the Member State in which the winery is
located without delay,
(b) in all other cases, the distiller shall inform the intervention agency
of the Member State in which the distillery is located without
delay.
In the circumstances referred to in the first subparagraph, as soon as
the intervention agency hasbeen informed, it s hall decide on themeasures 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'swinery and the dis tillery arelocated in two different Member States, the intervention agencies of
the two Member Statesconcerned s hall cooperate by directly exchan-
ging information in order to implement paragraph 1.
In the circumstances referred to at (b) in the first subparagraph of para-
graph 1, ass oon asthe intervention agency hasbeen informed, it may
also authorise distillers, provided the producer agrees in the case of a
jobbing distiller, to transfer their rights and obligations to anotherdistiller for the quantity of products not yet distilled.
Article 73
Supervisionofdistillationoperations
1. The characteristics of products delivered for distillation, in parti-
cular 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 productsare trans ported,
(b) an analysis of samples collected under the supervision of an official
body of the Member State in which the distillery is located whenthe product entersthe dis tillery. Sampling may take the form ofrepresentative spot checks,
(c) where appropriate, the contractsconcluded under thisTitle.
The analyses shall be performed by approved laboratories as referred to
in Article 72 of Regulation (EC) No 1493/1999, which shall forwardthe results to the intervention agency of the Member State where distil-lation takesplace.
If, under Community rules, no document as referred to in (a) has been
drawn up, the characteristics of the product intended for distillationshall be checked against the analyses referred to in (b).
A representative of an official body shall check the quantity of product
distilled, the date of distillation and the quantity and characteristics ofthe productsobtained.
3. Member States may also require that an indicator be used. Theymay not prevent the movement within their territory of products
intended for distillation or distilled products obtained therefrom on the
ground that an indicator ispres ent.
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, checkson the characteristics of the products as referred to in Article 65 shallbe carried out in accordance with the detailed rulesadopted by theMember State concerned.
4. Member Statesavailing thems elvesof the option provided for in
paragraph 3 shall inform the Commission thereof and shall notify it ofthe provisions they have adopted for this purpose. In the cases referredto in the first subparagraph of that paragraph, the Commission shallinform the other Member States.2000R1623 — EN — 08.04.2003 — 009.001 — 48
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Article 74
InfringementsofthisTitle
1. Should verification of a file reveal that a producer doesnot meet
the requirementslaid down by the Community rulesfor the dis tillationoperation 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 quantitiesof productsreferred to in para-graph 1.
3. Without prejudice to Article 2 of thisRegulation, s hould 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 productsdelivered for dis tillation:
(a) no aid shall be due for the quantities concerned,
(b) the distiller may not deliver the products obtained by distilling the
quantitiesconcerned to the intervention agency.
If the aid hasalready been paid, the intervention agency s hall recover it
from the distiller.
If the productsobtained by dis tillation 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 varioustime limitslaid down by thisRegulation
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 all or part of the aid or the advance to be paid to thedistiller in cases where a producer does not meet the requirements laiddown by the Community rules for the distillation operation in question,
for one of the following reasons:
(a) failure to present the harvest, production or stock declaration within
the time allowed;
(b) presentation of a harvest, production or stock declaration found by
the competent authority of the Member State to be incomplete or
inaccurate, where the missing or incorrect data are essential for
application of the measure concerned;
(c) failure to meet the obligationslaid down in Article 37 of Regula-
tion (EC) No 1493/1999 where the infringement isdetected ornotified to the distiller after payment of the minimum price on the
basis of previous declarations.
In the case provided for in point (a) of the first subparagraph the
amount to be recovered shall be determined in accordance with therules laid down in Article 12 of Commission Regulation (EC) No1282/2001 (
1).
In the case provided for in point (b) of the first subparagraph the
amount to be recovered shall be determined in accordance with theruleslaid down in Article 13 of Regulation (EC) No 1282/2001.
In the case provided for in point (c) of the first subparagraph the
amount to be recovered shall be all the aid or the advance paid to the
distiller.
5. If it is found that the distiller has not paid the purchase price to
the producer within the deadline laid down in Article 65(7), the inter-vention agency shall pay the producer, before 1 June following thewine year concerned, an amount equal to the aid or advance, whereappropriate through the intermediary of the intervention agency in the2000R1623 — EN — 08.04.2003 — 009.001 — 49
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producer's Member State. In that case, no aid or advance shall be due
to the distiller.
Article 75
Penalties
1. Except in cases of force majeure ,
(a) where producersfail to fulfil their obligationsunder thisTitle 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 anamount determined by the competent authority depending on theseriousness of the infringement.
2. In cases of recognised force majeure , the intervention agency
shall take such action as it considers necessary having regard to thecircumstances 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
Articles47(2), 55 and 65(7), the aid s hall 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 Articles60(1) and 65(8),
(ii) submission of the aid application and the proof of payment
under Articles 60(1) and the second subparagraph ofArticle 64(2) and Article 65(8),
(iii) delivery of the alcohol under Article 62(1),
(iv) submission of a statement of the quantities of products
distilled and products obtained under Article 61(2),
(v) submission of a statement of the quantities delivered for forti-
fication 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 aidis 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
hasbeen invoked.
Section IV: Reduction of the buying-in price for wine provided for in
Article 32 of Regulation (EC) No 1493/1999
Article 76
Reductionofthebuying-inpriceforcertain enrichedwines
1. The buying-in price for wine delivered for distillation under Arti-
cles29 and 30 of Regulation (EC) No 1493/1999 s hall be reduced by:
— EUR 0.3626 in Zone A,
— EUR 0.3019 in Zone B,
— EUR 0.1811 in Zone C.
The reduction referred to in the first subparagraph shall not apply to:
(a) wine delivered by producerslocated in regionswhere alcoholic
strength may be increased only by the addition of must who foregoall aid made available under Article 34 of Regulation (EEC)No 1493/1999 for the wine year concerned. These producers shallpresent to the distiller a copy of a statement waiving entitlement to2000R1623 — EN — 08.04.2003 — 009.001 — 50
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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 zonesin Annex V(G)(7) to Regulation (EC) No 1493/1999 and delivered by producerswho provide the competent autho-rities with satisfactory evidence that during the wine year they haveneither increased the alcoholic strength of their table wine byadding sucrose nor lodged an application for aid under Article 34
of that Regulation for their production;
(c) wine and categoriesof wine for which the Member Statesdo not
authorise or have not authorised an increase in alcoholic strengthfor 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 toin that paragraph to producerswho 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 productionby adding sucrose nor applied for aid under Article 34 of Regulation(EC) No 1493/1999 for their production during the wine yearconcerned.
Producers who apply before 1 August and who have increased alco-
holic 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 duringthe wine year shall receive the amount indicated in the first subpara-graph for the difference between the quantity of table wine of whichthey increased the alcoholic strength and the quantity they deliveredfor distillation.
The competent authoritiesof the Member Statesmay require s uch
producers to supply any evidence needed to demonstrate the validity
of their application.
Article 77
Reductionoftheaidreferred toinArticle 81
Where wine isdelivered for dis tillation asreferred to in Article 76 of
thisRegulation and where the reduction hasbeen applied to s uch 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 interven-
tion agency in taking over alcohol under Article 30 of Regulation(EC) No 1493/1999
shall be reduced by an amount equal to the reduction indicated in
Article 76.
CHAPTER IV
DISPOSAL OF ALCOHOL OBTAINED BY DISTILLATION UNDER
CHAPTER I OF THIS TITLE AND, WHERE APPLICABLE, ARTICLE
30OFREGULATION(EC)No1493/1999
Article 78
Purposeanddefinitions
1. This section lays down detailed rules for disposing of alcohol
obtained by distillation under Articles 27, 28 and 30 of Regulation(EC) No 1493/1999, hereinafter referred to as‘alcohol’.
Alcohol may be disposed of either for use in new industrial uses
(subsection I), for use in third countries in the fuel sector only (subsec-tion 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 form2000R1623 — EN — 08.04.2003 — 009.001 — 51
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of an invitation to tender or similar procedure, the contract being
awarded to the party submitting the most advantageous tendercomplying with the ruleslaid down in thisRegulation.
Subsection I: Disposal of alcohol for new industrial uses
Article 79
Definitionofnewindustrialuses
Without prejudice to Article 31(2) of Regulation (EC) No 1493/1999,
the Commission may issue invitations to tender for the implementationwithin the Community of small-scale projects relating to new industrial
end uses such as:
(a) the heating of glasshouses,
(b) the drying of feedingstuffs,
(c) the fuelling of heating systems, including those at cement works,
and processing into goods exported for industrial purposes by operators
who have made use of inward processing arrangements at least once in
the previous two years, other than processing consisting solely of redis-
tillation, rectification, dehydration, purification or denaturing of thealcohol.
If the intended use of the alcohol is export to third countries in the
form of manufactured goods, proof must be provided that authorisationwasgranted during the previoustwo yearsto us e alcohol from third
countries to manufacture under inward processing arrangements the
same goods as those exported.
Article 80
Openingtenderingprocedures
The Commission, acting in accordance with the procedure laid down in
Article 75 of Regulation (EC) No 1493/1999, shall issue an invitation
to tender for the disposal of alcohol obtained by distillation under Arti-
cles 27, 28 and 30 of that Regulation for new industrial uses. Thequantities of alcohol awarded under such tendering procedures shallnot exceed 400 000 hectolitresof alcohol at 100 % vol. per year.
Article 81
Notice ofinvitationtotender
Notices issuing invitations to tender shall be published in the Official
Journal of the European Communities .
Such notices shall specify:
(a) the special rules applicable to the tendering procedure and the
names and addresses of the intervention agencies concerned,
(b) the quantity of alcohol, expressed in hectolitres of alcohol at
100 % vol., covered by the tendering procedure,
(c) one or more vatscons tituting a lot in a given Member State,
(d) the minimum price which may be offered, differentiated where
appropriate according to the end uses,
(e) the amount of the tendering security required under Article 82(5)
and the performance guarantee required under Article 84(3)(b).
Article 82
Rulesapplicabletotenders
1. Apart from the information specified in Article 97 of this Regula-
tion, tenderss hall indicate:
(a) the quantity of alcohol to which they relate, broken down by vat
and expressed in hectolitres of alcohol at 100 % vol.,2000R1623 — EN — 08.04.2003 — 009.001 — 52
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(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 goodsto be exported if the alcohol isintended for
export to third countriesin the form of manufactured goods .
2. Tendersmay indicate that they are to be cons idered only if the
quantity to be awarded corresponds to the full quantity indicated in
the tender.
3. Tenderersmay s ubmit 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 ofthose tenders shall be admissible.
4. Tendersmus t reach the intervention agency of the Member State
concerned not later than 12 noon Brussels time on the closing date setfor the submission of tenders in the notice of invitation to tender. Thatdate must fall between the 15th and the 25th day after the date ofpublication of the notice of invitation to tender.
5. Tenders shall be valid only if proof is provided before the closing
date for the submission of tenders that a tendering security has beenlodged with the intervention agency concerned.
6. Not more than two working daysafter the clos ing date for
submission of tenders, the intervention agency concerned shall commu-nicate to the Commission a list of the names of the tenderers whose
tendersare eligible for cons ideration under Article 97 of thisRegula-
tion, the pricesoffered, the quantitiesreques ted, the locationsand thetypes of alcohol concerned and the precise uses to be made of thealcohol.
Article 83
Awardofcontracts
1. The Commission, acting in accordance with Article 75 of Regula-
tion (EC) No 1493/1999, shall decide whether or not to award contractsin the light of the tenderss ubmitted 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 invitationto tender.
3. Where several admissible tenders relate fully or in part to the
same vats, the Commission shall allocate the quantity of alcoholconcerned to the tenderer submitting the tender with the highest abso-lute value.
When making its decision under paragraph 1 of this Article in cases
referred to in the first subparagraph where some tenders cannot bemet, the Commission may propose to the tenderers concerned that theirtendersbe accepted for a replacement quantity of alcohol of the s ame
type. In such cases, the relevant tenders shall be deemed to have been
accepted provided that the tenderers in question do not express theirobjection to such transfer in writing to the intervention agencyconcerned within 10 working daysfrom the date of notification of theCommission 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 iss tored, in agreement with theintervention agency concerned.
4. Should several tenders propose the same price so that the quantity
of alcohol tendered for exceedsthe quantity covered by the tenderingprocedure, the intervention agency concerned shall award the quantity
in question:
(a) either in proportion to the quantitiess pecified in the tenders
concerned,2000R1623 — EN — 08.04.2003 — 009.001 — 53
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(b) or by dividing that quantity among the tenderersby agreement with
them,
(c) or by drawing lots.
5. The Commission shall:
(a) notify the decisions taken under this Article only to those Member
Statesand intervention agenciesholding alcohol for which tendershave been accepted,
(b) publish the results of the tendering procedure in a simplified form
in theOfficial Journal of the European Communities .
Article 84
Statementofaward
1. The intervention agency shall notify tenderers in writing, without
delay against a receipt, of the decision taken on their tenders.
2. The intervention agency shall hold a statement of award at the
disposal of each successful tenderer certifying that their tender hasbeen accepted.
Where the Commission proposes substitution under Article 83(3) and
the tenderer doesnot object, the intervention agency concerned s hallissue the statement of award referred to in the first subparagraph onthe working day following the expiry of the time limit specified in thelast sentence of the second subparagraph of Article 83(3).
3. Within two weeksfollowing the date of receipt of the notification
of award referred to in paragraph 1 of thisArticle 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 successfultenderer 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 perfor-
mance security has been lodged to ensure that the alcohol inquestion is in fact used for the purposes specified in the tender.
Article 85
Removalofthealcohol
1. The alcohol may be removed on presentation of a removal order
issued by the intervention agency once the quantity to be removed hasbeen paid for. That quantity shall be determined to the nearest hecto-
litre 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 morethan five days after its date of issue, and the quantities concerned shallbe deemed to have been removed on that date. From then on, thepurchaser shall be responsible for any theft, loss or destruction and 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 agencyconcerned.
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.2000R1623 — EN — 08.04.2003 — 009.001 — 54
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Subsection II: Disposal of alcohol for use in third countries in the
fuel sector only
Article 86
Openingtenderingprocedures
The Commission, acting in accordance with the procedure laid down in
Article 75 of Regulation (EC) No 1493/1999, may issue one or moreinvitationsto tender every quarter for export to certain third countriesfor end-use in the motor-fuel sector only. The alcohol concerned mustbe imported and dehydrated in a third country for end-use in the motor-
fuel sector in a third country only.
Article 87
Notice ofinvitationtotender
1. Notices issuing invitations to tender shall be published in the Offi-
cial 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 thisRegulation,
(f) the formalities for obtaining samples,
(g) the payment terms,
(h) whether the alcohol isto 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 destina-
tionslis ted in point 1 of Article 86.
Article 88
Tenders
1. Tenderers may submit only one tender in response to each invita-
tion 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 thetenderer to comply with that destination.
3. Tenders must also include proof, dated after the notice of invita-
tion to tender, that the tenderer hasbinding commitmentsto anoperator in the fuel sector in one of the third countries listed inArticle 86 of thisRegulation who undertakesto dehydrate the awardedalcohol in one of those countries and to export it exclusively for use inthe fuel sector.
4. Tenders must reach the competent Commission department no
later than 12 noon Brussels time on the closing date set for the submis-sion of tenders in the notice of invitation to tender.
5. Tenderss hall be valid only if proof hasbeen provided, before the
closing date for the submission of tenders, that a tendering security hasbeen lodged with each intervention agency concerned.
The tendering security, amounting to EUR 4 per hectolitre of alcohol at
100 % vol., shall be lodged for the entire quantity put up for sale.2000R1623 — EN — 08.04.2003 — 009.001 — 55
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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 whicheach 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 theclosing date for submission of tenders.
7. For the purposes of the tendering security, the primary require-
mentswithin the meaning of Article 20 of Commis s ion Regulation
(EEC) No 2220/85 shall be that tenders not be withdrawn after theclosing date for their submission and that a security to ensure exportand/or a performance guarantee be lodged.
Article 89
Awardofcontracts
1. The Commission, acting in accordance with the procedure laid
down in Article 75 of Regulation (EC) No 1493/1999, shall decide asquickly as possible whether or not to award contracts in the light of the
tenderss ubmitted.
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 tenderersin writing agains t a receipt if their tendershave
not been accepted,
(b) notify the Member States holding the alcohol and the successful
tenderer of itsdecis ion 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 andthe performance guarantee for the tendering procedure concerned.
Article 90
Statementofaward
The intervention agency shall hold a statement of award at the disposal
of successful tenderers certifying that their tender has been accepted.
Statements must be issued no more than 20 days after receipt of the
notification from the Commission referred to in Article 89(3) of this
Regulation.
Article 91
Removalofthealcohol
1. The intervention agency holding the alcohol and the successful
tenderer shall agree on a provisional timetable for the removal of thealcohol.
2. Before any alcohol isremoved and no later than the day on which
the removal order is issued, successful tenderers shall lodge two secu-
ritieswith the intervention agency: one to ens ure that the alcohol is
exported within the time allowed and the other by way of a perfor-mance guarantee.
3. The performance guarantee shall amount to EUR 30 per hectolitre
of alcohol at 100 % vol.2000R1623 — EN — 08.04.2003 — 009.001 — 56
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4. The export security shall amount to EUR 3 per hectolitre of
alcohol at 100 % vol. and shall be lodged for each quantity of alcoholcovered by a removal order.
5. Before the awarded alcohol isremoved, the intervention agency
and the successful tenderer shall take a reference sample and analyseit 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 removedand the minimum alcoholic strength by volume of the alcohol specified
in the notice of invitation to tender, the following ruless hall 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 deter-
mined 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 specifiedin Annex V to thisRegulation.
Once this requirement has been met, successful tenderers who refuse to
take over the lot concerned shall be immediately released from all obli-
gationsrelating to that lot.
6. Where a successful tenderer refuses the merchandise, in accor-
dance with paragraph 5, the intervention agency concerned shallsupply another quantity of alcohol of the required quality at no addi-tional 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 hasbeen paid for. That quantity s hall 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. The deadline for removal may not be more than eight daysfrom the date of issue of the removal order. However, where a removalorder coversmore than 25 000 hl the deadline may be more than eightdayslater but no more than 15 dayslater.
8. Ownership of the alcohol covered by a removal order shall be
transferred on the date indicated in the order, which may be no morethan five days later, and the corresponding quantities shall be deemedto have been removed on that date. From then on, the purchaser shallbe responsible for any theft, loss or destruction and for the storagecosts 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 onwhich the successful tenderer agreed to remove the lot, the MemberState shall be required to bear any losses sustained.
10. The alcohol must be physically removed from the storehouses of
each intervention agency concerned by a deadline to be fixed when the
invitation to tender is issued in accordance with the procedure laiddown in Article 75 of Regulation (EC) No 1493/1999.
11. The alcohol must be fully used within two years from the date
of first removal.2000R1623 — EN — 08.04.2003 — 009.001 — 57
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12. The intervention agency concerned shall release the export
security for each quantity of alcohol for which it receives proof ofexport within the time limit allowed. Notwithstanding Article 23 of
Regulation (EEC) No 2220/85 and except in cases of force majeure ,
where the time limit for export isexceeded the following percentagesof the export security of EUR 3 per hectolitre of alcohol at 100 % volshall be forfeit:
(a) 15 % in all cases;
(b) 0,33 % of the amount remaining after 15 % hasbeen deducted for
each day by which the time limit for export hasbeen exceeded.
13. The performance guarantee shall be released in accordance with
Article 100(3)(b) of thisRegulation.
Subsection III: Disposal for use as bio-ethanol in the Community
Article 92
Rulesapplicabletodisposalcoveredbythissubsection
1. Within three monthsof the decis ion referred to in Article 89 of
this Regulation, the Commission, acting in accordance with the proce-dure 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
EuropeanCommun ities and updated regularly.
The Member States shall notify the Commission of the names of the
firmsthey deem eligible, and which have pres ented an applicationwith 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'sadminis trative officesand the plant where
the alcohol is processed,
— a copy of the plansof 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 asbio-ethanol, and that the bio-ethanol isus ed only inthe fuel sector,
— the location of the administrative offices of the refining companies
authorised to distribute fuel up to the consumption stage, unless theapproved firm deals with distribution itself.
The Commission shall assess the eligibility of the firm on the basis of
the documentsand s hall inform the applicant firmsof the outcome ofthis 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 vatsand their location,
(c) the sale price,2000R1623 — EN — 08.04.2003 — 009.001 — 58
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(d) the amount of the performance guarantee; however, firmsmay
choose to lodge a standing guarantee instead of a guarantee foreach sale,
(e) the formalities for obtaining samples,
(f) the payment terms.
2. The volume of alcohol put up for sale shall split into lots. The
Commission shall decide on the composition of the lots. Unless the
Commission decides otherwise in accordance with the procedure laiddown in Article 75 of Regulation (EC) No 1493/1999, a lot shall bemade for each firm on the approved list and each firm on the list shallbe 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 daysafter the date of publication of the notice of publicsale of alcohol. Alcohol which has not been accepted shall be releasedfrom the prohibition on physical movement under Article 95(2) of thisRegulation from the date on which the refusal was notified and may besold 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 ofChapter III, plusan amount per hectolitre fixed in accordance withthe 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 firmsconcerned of the award of the alcohol.
5. Except where they have lodged a standing security, prior to any
removal of alcohol and no later than the date of issue of the removal
order, purchasing firms shall lodge a performance guarantee with the
intervention agency concerned to ensure that the alcohol is used asbio-ethanol in the fuel sector.
6. The alcohol must be physically removed from the storehouses of
each intervention agency concerned by a deadline to be fixed when apublic sale is opened, in accordance with the procedure laid down in
Article 75 of Regulation (EC) No 1493/1999.
Article 94
Removalofthealcohol
Article 91(1), (7), (8) and (11) of thisRegulation s hall apply to public
sales.
Subsection IV: General provisions and control arrangements
Article 95
Rulesapplicabletoalcohol
1. With a view to drawing up noticesof 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 lotsof alcohol, laying down maximum and
minimum valuesfor the characteris ticsreferred to in
Article 96(4)(d)(i) and (ii) of thisRegulation.
No more than 12 daysafter receiving thisreques t, the Member States
concerned shall inform the Commission of the exact location and refer-encesof the variousvatsof alcohol meeting the quality requirements2000R1623 — EN — 08.04.2003 — 009.001 — 59
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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
vatsconcerned may not be moved until a removal order covering it hasbeen issued.
Thisprohibition s hall not relate to alcohol in vatsnot covered by the
notices of invitation to tender or public sale concerned or not specified
in the Commission decision referred to in Articles 83 to 93.
For logistical reasons in particular, the intervention agencies holding
the vatsof alcohol s pecified in the notification from the Member Statesreferred to in paragraph 1 may replace the alcohol concerned withother alcohol of the same type or mix it with other alcohol deliveredto the intervention agency until a removal order is issued for the
alcohol concerned. The intervention agenciesof the Member States
shall notify the Commission that the alcohol has been replaced.
Article 96
Rulesapplicabletolots
1. The alcohol shall be sold in lots.
2. A lot shall consist of a quantity of alcohol of sufficiently uniform
quality, which may be contained in several vats and kept at severallocations and in several Member States.
3. Each lot shall be numbered. The letters ‘EC’ shall precede the
numbersof 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 Regu-lation (EC) No 1493/1999.
5. Where a tendering procedure concernsmore 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 rulesapplicabletotenders
1. To be eligible for consideration, tenders must be submitted in
writing and must include, in addition to the specific informationreferred 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,2000R1623 — EN — 08.04.2003 — 009.001 — 60
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(c) the price proposed, expressed in euros per hectolitre of alcohol at
100 % vol.,
(d) an undertaking from tenderersto comply with all the rulesapplic-
able 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 characteris-
ticsof the alcohol awarded to them,
(ii) they agree to submit to any checks made on the destination
and use of the alcohol,
(iii) they accept that it is their responsibility to provide evidence
that the alcohol is used as specified in the notice of invitationto tender.
2. Tenderss hall be valid only if:
(a) the tenderer is established in the Community,
(b) they relate to the entire lot.
3. Tenderseligible for cons ideration may not be withdrawn.4. Tendersmay be rejected if tenderersdo not provide all the neces -
sary guarantees that they will carry out their obligations.
Article 98
Samples
1. From the publication of a notice of invitation to tender to the
closing date for the submission of tenders in response to that invitation,
interested parties may obtain samples of the alcohol put up for sale
against payment of EUR 10 per litre. The quantity made available toindividual interested parties may not exceed five litres per vat. Fordisposal under subsection III, samples may be obtained for the sameconsideration in the 30 days following the notice of public sale.
2. After the closing date for the submission of tenders or after 30
daysfollowing the notice of public s ale:
(a) tenderersor approved firmsasreferred to in Article 92 may obtain
samples of the alcohol awarded;
(b) tenderersoffered replacement alcohol purs uant to Article 83(3)
may obtain samples of the replacement alcohol proposed.
Such samples, which may not exceed five litres per vat, may be
obtained from the intervention agency against payment of EUR 10 per
litre.
3. The intervention agency of the Member State in whose territory
the alcohol is held shall take the necessary steps to enable interestedpartiesto avail thems elvesof 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 thisRegulation forremoval of the lot of alcohol concerned, that a quantity of alcohol
awarded is unsuitable for the uses planned owing to hidden defects
that by their nature could not be discovered at the time when it waspossible for a check to be made before the alcohol was awarded, theCommission may indicate a replacement quantity, in agreement withthe relevant intervention agency, provided the latter confirmsthe
tenderer'sfinding. The vat in which the replacement quantity iss tored
shall be determined in agreement with the intervention agencyconcerned. Where tenderersdo not object to the trans fer by writing tothe intervention agency concerned within ten working daysof the dateof notification of the Commission's decision indicating the replacementquantity, they shall be deemed to have agreed to the substitution.2000R1623 — EN — 08.04.2003 — 009.001 — 61
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Article 99
Requirementsapplicabletodenaturingand/ormarking
1. If alcohol isto be denatured, the operation mus t take place under
the supervision of the Member States concerned between the timewhen the removal order ishanded 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 thispurpos e.
Article 100
Requirementsapplicabletosecurities
For the purposes of this Regulation:1) (a) for the purposes of the tendering security, the primary require-
mentswithin 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 guar-antee be lodged;
(b) for the purposes of the performance guarantee, the primary
requirementswithin 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 tenderingprocedure and that the entire quantity of alcohol be physicallyremoved from the stores of each intervention agency concernedwithin the time allowed.
2) (a) The alcohol awarded must be used entirely for the purposes
specified in the invitation to tender concerned, allowing for anylosses of alcohol during the transport or processing operationsrequired for the final use of the alcohol.
Each individual loss of alcohol shall be accepted only if it has
been checked at the final destination and, in the case of alcoholfor export, at the place where it left the customs territory of theCommunity, and certified by the competent inspection authorityand/or international surveillance firm where such a firm hasbeen appointed under Article 102, provided that such losses are
within the limitss pecified in point (b) below.
(b) Where alcohol losses during the operations referred to below
exceed the following limits, EUR 96 per hectolitre shall bewithheld from the performance guarantee, except in cases offorce majeure :
(i) 0.05 % of the quantitiesof alcohol s tored per month in the
case of an alcohol loss due to evaporation,
(ii) 0.4 % of the quantitiesof alcohol removed from s torage in
the case of an alcohol loss due to one or more land trans-port operations,
(iii) 1 % of the quantitiesof alcohol removed from s torage in
the case of alcohol losses due to one or more land trans-port operationscombined with one or more s ea or inlandwaterway transport operations,
(iv) 2 % of the quantitiesof alcohol removed from s torage in
the case of alcohol losses due to land and sea transportrequired in connection with a tendering procedure for
export of alcohol to one of the third countrieslis ted in
Article 86 of thisRegulation,
(v) 0.9 % of the quantitiesof alcohol rectified in the cas e of
an alcohol loss due to rectification in the Community,
(vi) 0.9 % of the quantitiesof alcohol dehydrated in the cas e
of an alcohol loss due to dehydration in the Community,2000R1623 — EN — 08.04.2003 — 009.001 — 62
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(vii) 1.2 % of the quantitiesof alcohol rectified in the cas e of
an alcohol loss due to rectification in one of the thirdcountrieslis ted in Article 86 to thisRegulation,
(viii) 1.2 % of the quantitiesof alcohol dehydrated in the cas e
of an alcohol loss due to dehydration in one of the thirdcountrieslis ted in Article 86 to thisRegulation.
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 certifi-cates or similar documents issued by the competent inspectionauthorities.
(c) In the case of alcohol awarded for a new industrial use and
under public sales for the use of bio-ethanol in the motor-fuelsector in the Community which must be rectified prior to utilisa-tion for the end use specified, the alcohol removed shall bedeemed to have been used entirely for the purpose specified
where at least 90 % of the total quantities of alcohol removed
under an invitation to tender or a public sale is used for thatpurpose; the successful tenderer or the approved firm that hasagreed to purchase the alcohol shall inform the Commissionand the intervention agency of the quantity, destination and useof the productswhich have undergone rectification. 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 hasmet the requirementslaid down in paragraph 1(a).
(b) The performance guarantee shall be released immediately by
each of the intervention agenciesholding alcohol once the
successful tenderer provides them each with the proof required
in points2 and 3 and in Title V of Regulation (EEC) No 2220/85, for the relevant quantity removed.
(c) Notwithstanding Article 27 of Regulation (EEC) No 2220/85,
10 % of the performance guarantee shall be withheld until thesuccessful tenderer provides each intervention agency concerned
with proof that the relevant quantity of alcohol removed has
been used, indicating any losses of alcohol in connection withthe tendering procedure concerned. If such proof is notproduced within 12 monthsafter the date s pecified for the finaluse 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
Controlarrangements
1. The Member States concerned shall take the necessary steps to
facilitate operationsunder thisChapter and to ens ure that the applic-
able Community rules are complied with. They shall designate one or
more bodies to be responsible for checking compliance with thoserules.
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.2000R1623 — EN — 08.04.2003 — 009.001 — 63
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If the alcohol has been denatured checks shall be made at least every
two months.
2. The Member States shall determine which documents, records
and other supporting evidence or information must be supplied by thesuccessful tenderer. They shall inform the Commission of the checksthey introduce to apply paragraph 1. The Commission shall send theMember State concerned any commentsrequired to ens ure that checks
are effective.
3. The measures taken by the Member States shall be notified to the
Commission before the checks start.
4. Without prejudice to paragraph 1, when the alcohol isexported to
third countries for end-use in the motor-fuel sector only, the checks onits actual use shall be carried out up to the moment when the alcohol ismixed with a denaturing agent in the country of destination.
Where the alcohol is disposed of for use as bio-ethanol in the Commu-
nity, those checks shall be carried out up to the moment when thealcohol isdelivered to an oil undertaking us ing bio-ethanol or to anapproved firm as indicated in Article 92, where the supervision referred
to in subparagraph 3 is guaranteed from the moment when the alcohol
isdelivered to that approved firm.
In the cases provided for in the first and second subparagraphs, the
alcohol concerned must remain under the supervision of an officialbody which guarantees its use in the motor fuel sector under special
tax arrangementswhich require that end-us e.
Article 102
Useofsurveillance firms
The notice of invitation to tender may stipulate that an international
surveillance firm is to be used to check on the proper conduct of thetendering procedure, particularly the final destination and/or end useof 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.
TITLEIV
FINALPROVISIONS
Article 103
NotificationstotheCommission
1. The Member States shall communicate to the Commission:
(a) for distillation under Article 29 of Regulation (EC) No 1493/1999,
every month:
(i) the quantitiesof wine dis tilled,
(ii) the quantitiesof alcohol concerned by s econdary aid
(b) every two months, for each type of distillation under Articles 27,
28 and 30 of Regulation (EC) No 1493/1999:
(i) the quantitiesof wine, wine leesand fortified wine dis tilled,
(ii) distinguishing where applicable between neutral alcohol, raw
alcohol and spirits:
— quantitiesproduced during the previousperiod,
— quantitiestaken over by their intervention agenciesunder
Community or national rulesduring the previousperiod,
— quantities disposed of by those intervention agencies during
the previousperiod,
— quantitiesheld by thos e intervention agenciesat the end of
the previousperiod.2000R1623 — EN — 08.04.2003 — 009.001 — 64
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In the case of quantities disposed of by the intervention agencies,
the Member States concerned shall also communicate the sellingpricescharged and indicate whether the productshave been
consigned within the Community or exported;
(c) ten daysbefore the end of every quarter, the outcome of applica-
tionsinvoking 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);
(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 thisRegulation:
— the quantities of grape must processed into concentrated grape
must or rectified concentrated grape must during the period ofvalidity of the contract, and the quantitiesobtained 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 thisRegulation:
— the quantitiesof productsunder contract on 16 February;
— for aid under Article 34 of Regulation (EC) No 1493/1999 and
Chapter II of Title I of thisRegulation:
— the number of producerswho have received aid,
— the quantitiesof wine enriched,
— the quantitiesof concentrated grape mus t and rectified
concentrated grape must used for enrichment expressed indegreesof potential alcoholic s trength by vol. per hectolitre;
(f) for the previouswine 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 thisRegulation:
— the quantitiesof raw materialscovered by aid applications ,
broken down by type of raw material and by wine-growing
zone of origin;
— the quantitiesof raw materialsfor which aid hasbeen
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 ofthisRegulation:
— 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 oforigin;
— the pricespaid by manufacturersand operatorsfor the
grape must and concentrated grape must;
(iii) cases where distillers or fortifiers of wine for distillation have
not fulfilled their obligationsand the action taken in cons e-quence.2000R1623 — EN — 08.04.2003 — 009.001 — 65
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Article 104
Datesandtimelimits
The periods, dates and time limits referred to in this Regulation shall
be determined in accordance with Regulation (EEC, Euratom)
No 1182/71. However, Article 3(4) of that Regulation shall not apply
when determining the duration of storage periods under Title II of thisRegulation.
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 herebyrepealed.
Article 106
Entryintoforce
ThisRegulation s hall 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 Regulationss hall 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.
ThisRegulation s hall be binding in itsentirety and directly applicable
in all Member States.2000R1623 — EN — 08.04.2003 — 009.001 — 66
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ANNEX I
Tableofequivalence betweenthepotentialalcoholic strengthandtheread-
ings obtained at 20 ºC with a refractometer used in accordance with the
methodlaiddownintheAnnextoRegulation(EEC)No558/93
(Article 13 of this Regulation)
Refractomete, reading
% (p/p)Potential alcoholic strenghth
(% vol)
Concentrated must Rectified concentrated must
50,9 34,62
51,0 34,69
51,1 34,76
51,2 34,82
51,3 34,89
51,4 34,96
51,5 35,06
51,6 35,16
51,7 35,25
51,8 35,35
51,9 35,45 39,07
52,0 35,55 39,17
52,1 35,63 39,26
52,2 35,70 39,3552,3 35,77 39,45
52,4 35,85 39,54
52,5 35,95 39,63
52,6 36,05 39,73
52,7 36,14 39,83
52,8 36,23 39,93
52,9 36,32 40,02
53,0 36,41 40,12
53,1 36,49 40,22
53,2 36,56 40,30
53,3 36,63 40,40
53,4 36,71 40,50
53,5 36,81 40,59
53,6 36,91 40,69
53,7 37,01 40,79
53,8 37,11 40,89
53,9 37,20 40,99
54,0 37,30 41,09
54,1 37,38 41,18
54,2 37,45 41,28
54,3 37,53 41,3754,4 37,60 41,47
54,5 37,69 41,56
54,6 37,78 41,66
54,7 37,87 41,762000R1623 — EN — 08.04.2003 — 009.001 — 67
▼M12
▼B
▼B
Refractomete, reading
% (p/p)Potential alcoholic strenghth
(% vol)
Concentrated must Rectified concentrated must
54,8 37,94 41,86
54,9 38,02 41,9555,0 38,09 42,04
55,1 38,16 42,14
55,2 38,26 42,2355,3 38,36 42,3355,4 38,46 42,44
55,5 38,56 42,54
55,6 38,66 42,6455,7 38,76 42,7455,8 38,86 42,8355,9 38,95 42.93
56,0 39,06 43.04
56,1 39,12 43.1356,2 39,19 43.2356,3 39,26 43.32
56,4 39,32 43.42
56,5 39,42 43.5256,6 39,52 43.6256,7 39,62 43.7256,8 39,72 43.81
56,9 39,82 43.92
57,0 39,92 44.0257,1 39,99 44.1257,2 40,07 44.22
57,3 40,14 44.31
57,4 40,21 44.4157,5 40,31 44.5157,6 40,41 44.6157,7 40,51 44.71
57,8 40,60 44.81
57,9 40,69 44.9158,0 40,78 45.0158,1 40,85 45.11
58,2 40,93 45.21
58,3 40,99 45.3058,4 41,08 45.4058,5 41,17 45.5058,6 41,27 45.61
58,7 41,37 45.71
58,8 41,47 45.8058,9 41,57 45.9159,0 41,67 46,0159,1 41,77 46.11
59,2 41,87 46.22
59,3 41,97 46.322000R1623 — EN — 08.04.2003 — 009.001 — 68
▼B
Refractomete, reading
% (p/p)Potential alcoholic strenghth
(% vol)
Concentrated must Rectified concentrated must
59,4 42,06 46,43
59,5 42,14 46.5359,6 42,23 46.64
59,7 42,31 46.74
59,8 42,38 46.8359,9 42,46 46.9360,0 42,53 47.03
60,1 42,63 47.12
60,2 42,73 47.2360,3 42,83 47.3460,4 42,93 47.4460,5 43,03 47.55
60,6 43,12 47.65
60,7 43,20 47.7560,8 43,27 47.8560,9 43,35 47,94
61,0 43,42 48,04
61,1 43,51 48,1461,2 43,60 48,2561,3 43,69 48,3661,4 43,79 48,46
61,5 43,89 48,57
61,6 43,99 48,6761,7 44,08 48,7961,8 44,18 48,89
61,9 44,28 48,99
62,0 44,38 49,1062,1 44,48 49,2062,2 44,58 49,3062,3 44,65 49,40
62,4 44,73 49,50
62,5 44,80 49,6062,6 44,88 49,7162,7 44,97 49,81
62,8 45,05 49,91
62,9 45,14 50,0263,0 45,24 50,1263,1 45,34 50,2363,2 45,44 50,34
63,3 45,54 50,45
63,4 45,64 50,5663,5 45,74 50,6763,6 45,84 50,7763,7 45,94 50,88
63,8 46,03 50,99
63,9 46,11 51,082000R1623 — EN — 08.04.2003 — 009.001 — 69
▼B
Refractomete, reading
% (p/p)Potential alcoholic strenghth
(% vol)
Concentrated must Rectified concentrated must
64,0 46,18 51,18
64,1 46,26 51,2964,2 46,33 51,39
64,3 46,42 51,49
64,4 46,51 51,6064,5 46,60 51,7164,6 46,70 51,81
64,7 46,80 51,92
64,8 46,90 52,0364,9 46,99 52,1465,0 47,09 52,2565,1 47,21 52,36
65,2 47,31 52,46
65,3 47,41 52,5765,4 47,51 52,6865,5 47,61 52,79
65,6 47,71 52,90
65,7 47,82 53,0165,8 47,92 53,1265,9 48,02 53,2266,0 48,12 53,34
66,1 48,21 53,44
66,2 48,30 53,5466,3 48,40 53,6466,4 48,49 53,75
66,5 48,58 53,86
66,6 48,67 53,9666,7 48,76 54,0866,8 48,86 54,1866,9 48,95 54,29
67,0 49,04 54,40
67,1 49,14 54,5167,2 49,23 54,6267,3 49,33 54,73
67,4 49,42 54,83
67,5 49,52 54,9567,6 49,61 55,0667,7 49,71 55,1767,8 49,81 55,28
67,9 49,90 55,40
68,0 50,00 55,5068,1 50,10 55,6168,2 50,20 55,7268,3 50,30 55,83
68,4 50,40 55,94
68,5 50,50 56,062000R1623 — EN — 08.04.2003 — 009.001 — 70
▼B
Refractomete, reading
% (p/p)Potential alcoholic strenghth
(% vol)
Concentrated must Rectified concentrated must
68,6 50,60 56,16
68,7 50,70 56,2868,8 50,80 56,38
68,9 50,90 56,50
69,0 50,99 56,6169,1 51,09 56,7269,2 51,19 56,83
69,3 51,28 56,94
69,4 51,38 57,0669,5 51,47 57,1769,6 51,57 57,2869,7 51,66 57,39
69,8 51,76 57,51
69,9 51,86 57,6270,0 51,95 57,7270,1 52,05 57,84
70,2 52,14 57,95
70,3 52,24 58,0770,4 52,33 58,1870,5 52,43 58,2970,6 52,53 58,41
70,7 52,62 58,52
70,8 52,72 58,6370,9 52,81 58,7471,0 57,91 58,86
71,1 53,01 58,97
71,2 53,11 59,0971,3 53,21 59,2071,4 53,31 59,3171,5 53,41 59,42
71,6 53,51 59,53
71,7 53,61 59,6571,8 53,71 59,7671,9 53,81 59,88
72,0 53,91 59,99
72,1 54,00 60,1172,2 54,10 60,2272,3 54,20 60,3372,4 54,30 60,45
72,5 54,40 60.56
72,6 54,50 60.6872,7 54,60 60.7972,8 54,70 60.9172,9 54,80 61.02
73,0 54,90 61.14
73,1 55,00 61.252000R1623 — EN — 08.04.2003 — 009.001 — 71
▼B
Refractomete, reading
% (p/p)Potential alcoholic strenghth
(% vol)
Concentrated must Rectified concentrated must
73,2 55,10 61.37
73,3 55,20 61.4873,4 55,30 61.60
73,5 55,40 61.72
73,6 55,50 61.8373,7 55,60 61.9473,8 55,70 62.06
73,9 55,80 62.18
74,0 55,90 62.2874,1 56,00 62.4174,2 56,09 62.5274,3 56,19 62.64
74,4 56,29 62.76
74,5 56,39 62.8774,6 56,49 62,9974,7 56,59 63.10
74,8 56,69 63,23
74,9 56,79 63.3375,0 56,89 63.4675,1 63.5875,2 63.69
75,3 63.81
75,4 63.9375,5 64.0575,6 64.16
75,7 64.28
75,8 64.4175,9 64.5476,0 64.6676,1 64.78
76,2 64.89
76,3 65,0276,4 65,1376,5 65,25
76,6 65,37
76,7 65,4976,8 65,6176,9 65,7477,0 65,87
77,1 65,99
77,2 66,0977,3 66,2177,4 66,3177,5 66,45
77,6 66,58
77,7 66,712000R1623 — EN — 08.04.2003 — 009.001 — 72
▼B
Refractomete, reading
% (p/p)Potential alcoholic strenghth
(% vol)
Concentrated must Rectified concentrated must
77,8 66,82
77,9 66,94
78,0 67,06
78,1 67,19
78,2 67,29
78,3 67,41
78,4 67,52
78,5 67,6578,6 67,77
78,7 67,89
78,8 68,02
78,9 68,14
79,0 68,26
79,1 68,38
79,2 68,51
79,3 68,62
79,4 68,75
79,5 68,87
79,6 69,00
79,7 69,12
79,8 69,24
79,9 69,352000R1623 — EN — 08.04.2003 — 009.001 — 73
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ANNEX II
Minimum quality requirements for table wines provided for in Article
27(b)(i)ofthisRegulation
I.White wines
(a) Minimum actual alcoholic strength: 10.5 % vol.
(b) Maximum volatile acidity: 9 milliequivalentsper 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 milliequivalentsper 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 levelsfixed for white wines .
However, red table winesfrom the Portugies er vine varietiesand white table
wines from the Sylvaner, Müller-Thurgau and Riesling vine varieties shall not
be required to comply with points(a) and (c) above.2000R1623 — EN — 08.04.2003 — 009.001 — 74
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ANNEX III
Definitionofneutralalcoholreferred toinArticle43ofthisRegulation
1. Organoleptic characteristics No extraneous flavour detectable
in the raw material
2. Minimum alcoholic strength by volume: 96 % vol.
3. Maximum values of residue elements:
— Total acidity
expressed in g of acetic acid per hl of alcohol at
100 % vol. 1.5
— Esters
expressed in g of ethyl acetate per hl of alcohol at
100 % vol. 1.3
— Aldehydes
expressed in g of acetaldehyde per hl of alcohol at
100 % vol. 0.5
— Higher alcohols
expressed in g of 2-methylpropanol-1 per hl of alcohol at
100 % vol. 0.5
— Methanol
expressed in g per hl of alcohol at 100 % vol. 50
— Dry extract
expressed in g per hl of alcohol at 100 % vol. 1.5
— Volatile bases containing nitrogen
expressed in g of nitrogen per hl of alcohol at 100 % vol. 0.1
— Furfural Not detectable2000R1623 — EN — 08.04.2003 — 009.001 — 75
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ANNEX IV
COMMUNITYANALYSISMETHODFORNEUTRALALCOHOL
I.GENERAL
For the purposes of this Annex:
(a) the repeatability limit isthe value below which the abs olute difference
between two single test results obtained under the same conditions
(same operator, same apparatus, same laboratory and a short interval of
time) may be expected to lie with a specified probability;
(b) the reproducibility limit isthe value below which the abs olute 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 prob-
ability.
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 %.
II.METHODS
Introduction
1. PREPARATION OF THE SAMPLE FOR ANALYSIS
1.1. General
The volume of laboratory sample intended for analysis must normally
be 1,5 l unless a larger quantity is required for a specific determina-
tion.
1.2. Sample preparation
The sample shall be made homogeneous before analysis.
1.3. Preservation
The prepared sample shall always be kept in an air-tight and moisture-
tight container and stored so that deterioration is prevented; in parti-
cular seals of cork, rubber and plastic should not come into direct
contact with the alcohol and the use of sealing wax is expresslyprohibited.
2. REAGENTS
2.1. Water
2.1.1. Wherever mention is made of water for solution, dilution or washing
purposes, dilution or washing purposes, distilled water, or deminera-
lised water of a least equivalent purity shall be used.
2.1.2. Wherever reference ismade to ‘s olution’ or ‘dilution’, without further
indication of a reagent, an aqueouss olution isintended.
2.2. Chemicals
All chemicalss hall be of analytical reagent quality except where
otherwise specified.
3. EQUIPMENT
3.1. List of equipment
The list of equipment contains only those items with a specialised use
and itemswith a particular s pecification.
3.2. Analytical balance
Analytical balance means a balance with a sensitivity of 0,1 mg or
better.2000R1623 — EN — 08.04.2003 — 009.001 — 76
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4. EXPRESSION OF RESULTS
4.1. Results
The result stated in the analytical report is the mean value obtained
from at least two determinations, the repeatability (r) of which is
satisfactory.
4.2. Calculation of results
Except where otherwise specified, the results shall be calculated as g
per hl of ethanol at 100 % vol.
4.3. Number of significant figures
The result shall not contain more significant figures than are justified
by the precision of the method of analysis used.
Method1: Determinationofalcoholcontent
The alcoholic strength by volume of the alcohol shall be determined
in accordance with existing national provisions or, in the event of
dispute, by means of alcoholometers or hydrometers as defined in
Council Directive 76/765/EEC of 27 July 1976 on the approximation
of the lawsof the Member Statesrelating to alcoholometersand
alcohol hydrometers(1).
It shall be expressed as percentage by volume, as prescribed by
Council Directive 76/766/EEC of 27 July 1976 on the approximation
of the lawsof the Member Statesrelating to alcohol tables(2).
Method2: Evaluationofcolourand/orclarity
1. SCOPE AND FIELD OF APPLICATION
The method enablesthe colour and/or clarity of neutral alcohol to be
assessed.
2. DEFINITION
The colour and/or clarity: the colour and/or clarity as assessed by the
procedure specified.
3. PRINCIPLE
The colour and clarity are assessed visually by comparison with water
against a white background and a black background respectively.
4. APPARATUS
Glass cylinders, colourless, at least 40 cm in height.
5. PROCEDURE
Place two glass cylinders (4) on the white background or black back-
ground and fill one cylinder with sample to a depth of approximately
40 cm and the other with water to the same depth.
Observe the sample from above i.e. through the length of the cylinder,
and compare it with the comparison cylinder.
6. INTERPRETATION
Assess the colour and/or clarity of the sample when observed as set
out in 5.
Method3: Determinationofpermanganateclearing time
1. SCOPE AND FIELD OF APPLICATION
The method determinesthe permanganate clearing time of neutral
alcohol.2000R1623 — EN — 08.04.2003 — 009.001 — 77
(1) OJ L 262, 27.9.1976, p. 143.
(2) OJ L 262, 27.9.1976, p. 149.
▼M12
2. DEFINITION
The permanganate clearing time, asdetermined by the method s peci-
fied, isthe number of minutesrequired for the colour of the s ample to
match that of the colour standard after adding 1 ml of a 1 mmol/l
potassium permanganate solution to 10 ml of the sample.
3. PRINCIPLE
The time for the colour of the sample, after addition of potassium
permanganate, to match that of a colour standard is determined and
defined asthe permanganate clearing time.
4. REAGENTS
4.1. Potassium permanganate solution, 1 mmol/l. Prepare immediately
before use.
4.2. Colour solution A (red)
— Weigh accurately 59,50 g CoCl2.6H2O,
— prepare a mixture of 25 ml hydrochloric acid (P20= 1,19 g/ml) and
975 ml water,
— add the cobalt chloride to some of the HCI/water mixture in a
1 000 ml volumetric flask and make up to the mark with the rest
of the mixture at 20 ºC.
4.3. Colour solution B (yellow)
— Weigh accurately 45,00 g FeCl3.6H2O,
— prepare a mixture of 25 ml hydrochloric acid (P20= 1,19 g/ml) and
975 ml water and then proceed with the weighed quantity of ferric
chloride asfor colour s olution A.
4.4. Colour standard solution
Pipette 13 ml of colour solution A and 5,5 ml colour solution B into a
100 ml volumetric flask and make up to the mark with water at 20 ºC.
Note:
Colour solutions A and B may be stored in the ark at 4 ºC for several
months; the colour standard should be freshly prepared from time to
time.
5. APPARATUS
5.1. 100 ml Nessler tubles of colourless transparent glass, graduated to
50 ml, with ground-glass stopper, or test tubes, colourless, circa
20 mm diameter.
5.2. Pipettes, 1, 2, 5, 10 and 50 ml.
5.3. Thermometer, range up to 50 ºC in 0,1 or 0,2 ºC.
5.4. Analytical balance.
5.5. Water bath, thermostatically controlled at 20 ± 0,5 ºC.
5.6. Volumetric flasks, 100 and 1 000 ml with ground glass stoppers.
6. PROCEDURE
6.1. — Pipette 10 ml of the sample into a test tube or 50 ml in a Nessler
tube,
— place in water bath at 20 ºC,
— add 1 ml or 5 ml, depending on the sample quantity used, of
1 mmol/l KMnO4, solution, mix and leave in the water bath at
20 ºC,
— note the time,— pipette 10 ml of the colour standard into a test tube of the same
diameter or 50 ml of the colour standard into a Nessler tube,
— observe the change of colour of the sample and compare it with
the colour standard against a white background from time to time,
— note the time at which the colour of the sample becomes the same
asthat of the colour s tandard.2000R1623 — EN — 08.04.2003 — 009.001 — 78
▼M12
Note:
Take care not to expose the sample solution to direct sunlight during
the test.
7. EXPRESSION OF RESULTS
7.1. Interpretation of the time of clearing shall be the time required for the
colour of the sample tube to match that of the standard tube.
For a neutral alcohol that time must be at least 18 minutes at a
temperature of 20 ºC.
7.2. Repeatability
The difference in the times of two tests, carried out simultaneously or
in rapid succession, by the same analyst, on the same sample, under
the same conditions, shall not exceed two minutes.
8. NOTES
8.1. Traces of manganese dioxide have a catalysing effect on the reaction,
ensure that pipettes and test tubes are used which have been scrupu-
lously cleaned and reserved exclusively for the purpose. Clean them
with hydrochloric acid and rinse thoroughly with water, no brown
coloration shall be visible on the glass apparatus.
8.2. The quality of the water to prepare the dilute permanganate solution
(4.1) shall be carefully monitored; it must not consume any permanga-
nate. If the required quality cannot be obtained, distilled water should
be brought to the boil and a small quantity of permanganate added in
order to obtain a very slightly pink coloration. This should then be
cooled and used for the dilution.
8.3. For some samples the decoloration may occur without passing through
the exact shade of the reference solution.
8.4. The permanganate test may be distorted when the alcohol sample for
analysis has not been stored in a perfectly clean glass flask, sealed
with either a ground glass stopper which has been rinsed with alcohol
or another stopper encased in tin or aluminium.
Method4: Determinationofaldehydes
1. SCOPE AND FIELD OF APPLICATION
The method determines aldehydes, expressed as acetaldehyde, in
neutral alcohol.
2. DEFINITION
The aldehyde content: the content of aldehydes, expressed as acetalde-
hyde, asdetermined by the method s pecified.
3. PRINCIPLE
The colour obtained after the reaction of the sample with Schiff's
reagent is compared with standard solutions having a known acetalde-
hyde content.
4. REAGENTS
p-rosaniline hydrochloride (basic fuchsin)
sodium sulphite or anhydrous sodium metabisulphitehydrochloric acid, density p
20= 1.19 g/ml
powdered active carbonstarch solution, prepared from 1 g soluble starch and 5 mg Hgl
2(preservative) which are suspended in a little cold water, mixed with
500 ml boiling water, boiled for 5 minutesand filtered when cold.
iodine solution, 0,05 mol/l1-amino-ethanol CH
3.CH(NH2)OH (MW 61.08)
Schiff'sreagent
— Dissolve 5,0 g powdered p-rosaniline hydrochloride with about
1 000 ml hot water in a 2 000 ml volumetric flask,2000R1623 — EN — 08.04.2003 — 009.001 — 79
▼M12
— leave in the water bath until completely dissolved if necessary,
— dissolve 30 g anhydrous sodium sulphite (or an equivalent quan-
tity of sodium metabisulphite) in circa 200 ml water and add to
the cool prosaniline solution,
— leave to stand for about 10 minutes,
— add 60 ml hydrochloric acid (p20= 1,19 g/ml),
— where the solution is colourless — a slight degree of brown
colouration can be ignored — make up to the mark with water,
— if necessary filter with a little active carbon over a folded filter to
render the solution colourless.
Notes:(1) The Schiff's reagent should be prepared at least 14 days before it
isus ed.
(2) The free SO
2content in the reagent should be between 2,8 and
6,0 mmol/100 ml, the pH must be 1.
Determination of free SO2
— Pipette 10 ml Schiff'sreagent into a 250 ml Erlenmeyer flas k,
— add 200 ml water,
— add 5 ml starch solution,
— titrate with 0,05 mol/l iodine solution to starch end-point,
if the free SO2content is outside the indicated range it should
either be:
— raised with a calculated quantity of sodium metabisulphite
(0,126 g Na2SO3/100 ml reagent per mmol SO2lacking), or
— lowered by bubbling air through the reagent.
Calculation of free SO2in the reagent.
mmol free SO2/100 ml reagent:
¼consumed ml iodine solution 0 ;05 mol =l ðÞ /C1 3;2/C1100
64/C110
¼consumed ml iodine solution 0 ;05 mol =l ðÞ
2
Important:
It other methodsare us ed to prepare the Schiff'sreagent, the
sensitivity of the reagent should be checked so that during the
test:
— there isno colouration with the aldehyde-free reference
alcohol,
— the pink colouration should be visible from 0,1 g acetaldehyde
per hl alcohol at 100 % vol.
(3) Purification of commercial 1-amino-ethanol
— Dissolve 5 g 1-amino-ethanol completely in circa 15 ml abso-
lute ethanol,
— add circa 50 ml dry diethyl ether (1-amino-ethanol precipi-
tates),
— leave for several hours in a refrigerator,
— filter off the crystals and wash with dry diethyl ether,— dry for three to four hours in a desiccator over sulphuric acid
in a partial vacuum.
Note:
The cleaned 1-araino-ethanol must be white; if not, repeat the
recrystallisation process.
5. APPARATUS
5.1. Colorimetric tubes, each provided with a ground-glass stopper, capa-
city 20 ml.
5.2. 1 ml, 2 ml, 3 ml, 4 ml, 5 ml and 10 ml pipettes.
5.3. Water bath, thermostatically controlled at 20 ± 0,5 ºC.2000R1623 — EN — 08.04.2003 — 009.001 — 80
▼M12
5.4. Spectrophotometer with cuvettesof 50 mm path length.
6. PROCEDURE
6.1. Preliminary remark
When using this method to determine aldehyde content ensure that the
sample's alcohol content is at least 90,0 % vol. If not it must be raised
by adding corresponding amounts of aldehyde-free ethanol.
6.2. Calibration curve
— Weigh 1,3860 g purified and dried 1-amino-ethanol accurately on
an analytical balance.
— Place in a 1 000 ml volumetric flask and add aldehyde-free
ethanol-free ethanol, make up to the mark at 20 ºC. The solution
content 1 g/l acetaldehyde.
— Prepare the dilution series in two stages to produce 10 reference
solutions containing 0,1 to 1,0 mg acetaldehyde per 100 ml solu-
tion.
— Determine the absorbance values for these reference solutions
according to 6.3 and construct graph.
6.3. Determining the aldehyde content
— Pipette 5 ml of the sample into a colorimetric tube.
— Add 5 ml water, mix and keep at a constant temperature of 20 ºC.
— At the same time make a blank using 5 ml aldehyde-free ethanol
at 96 % vol, add 5 ml water and keep at a temperature of 20 ºC.
— Then add 5 ml Schiff'sreagent to each tube, clos e with ground-
glass stoppers and shake well.
— Keep in water bath for 20 minutesat 20 ºC.
— Put contentsinto cuvettes .
— Determine absorbence values at 546 nm.
Notes:
(1) To determine the aldehyde figures it is necessary to check the
validity of the calibration curves by comparison with test solution;
if not, the calibration curve must be prepared again.
(2) Ensure that the blank is always colourless.
7. EXPRESSION OF RESULTS
7.1. Formula and method of calculation
Construct a graph of optical density against concentration of acetalde-
hyde and determine the concentration in the sample by reference to
thisplot.
The content of aldehydes, expressed as acetaldehyde, in g/hl ethanol
at 100 % vol isgiven by
100/C1A
T
where:
A = the content, in g per hl of acetaldehyde in the sample solution
asdetermined by reference to the s tandard curve,
T = the alcoholic strength by volume of the sample as determined
by method 1.
7.2. Repeatability
The difference between the results of two determinations, carried out
simultaneously or in rapid concession, by the same analyst, on the
same sample, under the same conditions, shall not exceed 0,1 g alde-
hyde per hl Ethanol at 100 % vol.
Method5: Determinationofhigheralcohols
1. SCOPE AND FIELD OF APPLICATION
The method determines budget alcohols, expressed as 2 methyl-
propan-1-ol, in neutral alcohol.2000R1623 — EN — 08.04.2003 — 009.001 — 81
▼M12
2. DEFINITION
The higher alcohol content: the content of higher alcohols, expressed
as2-methylpropan-l-ol asdetermined by the method s pecified.
3. PRINCIPLE
The absorbance of the coloured products resulting from the reaction
of higher alcoholsand an aromatic aldehyde in hot dilute s ulphuric
acid (Komarowsky reaction) are determined at 560 nm, corrected for
the presence of any aldehyde in the sample and then compared with
that produced by 2-methylpropan-1-ol reacting under the same condi-
tions.
4. REAGENTS
4.1. Salicyl aldehyde solution, 1 % mas. Prepare by adding 1 g of salicyl
aldehyde to 99 g of ethanol at 96 % vol (which isfree of fus el oil).
4.2. Sulphuric acid, concentrated, density 1,84 g/m2.
4.3. 2-methylpropan-1-ol.
4.4. Standard 2-methylpropan-1-ol solutions
Dilute 2-methylpropan-1-ol (4.3) with an aqueouss olution of 96 %
vol ethanol to give a series of standards containing 0,1, 0,2, 0,4, 0,6
and 1,0 g of 2-methylpropan-1-ol per hl of solution.
4.5. Standard acetaldehyde solutions.
Prepare the standard acetaldehyde solutions as described in section 6.2
of method 4.
4.6. Ethanol 96 % vol free from higher alcoholsand aldehydes .
5. APPARATUS
5.1. UV-VIS spectrophotometer, capable of determining absorbance of
solutions at 560 nm.
5.2. Spectrophotometer cuvettes, 10, 20 and 50 mm pathlengths.
5.3. Water bath, thermostatically regulated at 20 ± 0,5 ºC.
5.4. Colorimetric tubes made of thick glass Pyrex or similar with ground-
glass stoppers, content circa 50 ml.
6. PROCEDURE
6.1. Aldehyde content
Determine the aldehyde content, expressed as acetaldehyde, in the
sample using methanol 4.
6.2. Calibration curve: 2-methylpropan-1-ol
Pipette 10 ml of each of the 2-methylpropan-1-ol standards (4.4) into
50 ml glass cylinders each fitted with ground glass stoppers. Pipette
1 ml of the salicyl aldehyde solution (4.1) into the cylinders and
then 20 ml of sulphuric acid (4.2). Mix the contents thoroughly by
carefully tilting the cylindersbackwardsand forwardss everal times
(care being taken to lift the stopper in occasionally). Leave for 10
minutesat room temperature and then put in the water bath (5.3) at
20 ± 0,5 ºC. After 20 minutes pour the contents into a series of spec-
trophotometer cuvettes.
Exactly 30 minutesafter adding the s ulphuric acid determine the
absorbance of the solutions at 560 nm using water in the reference
cuvette of the spectrophotometer.
Construct a calibration curve of absorbance against 2-methylpropan-1-
ol concentration.
6.3. Calibration curve — aldehydes
Repeat 6.2 but replacing the 10 ml of each of the 2-methylpropan-1-ol
standards by 10 ml of each of the acetaldehyde standards.
Construct a calibration curve of absorbance at 560 nm against acetal-
dehyde concentration.2000R1623 — EN — 08.04.2003 — 009.001 — 82
▼M12
6.4. Sample determination
Repeat 6.2 but replacing the 10 ml of the 2-methylpropan-1-ol stan-
dardsby 10 ml of the s ample.
Determine the absorbance of the sample.
7. EXPRESSION OF RESULTS
7.1. Formula and method of calculation
7.1.1. Correct the absorbance of the sample by subtracting the value of the
absorbance corresponding to the aldehyde concentration in the sample
(obtained from the calibration curve constructed under 6.3).
7.1.2. Determine the concentration of higher alcohols, expressed as 2-
methalpropan-1-ol, in the sample from the calibration curve
constructed under 6.2 but using the correct absorbance (7.1.1).
7.1.3. The concentration of higher alcohols, expressed as 2-methylpropan-1-
ol in g per hl ethanol at 100 % vol, isgiven by:
A/C1100
T
where:
A = the concentration of higher alcoholsin the s ample ascalculated
in 7.1.2.
T = the alcoholic strength by volume of the sample as determined
by method 1.
7.2. Repeatability
The difference between the results of two determinations, when
carried out simultaneously or in rapid succession, by the same analyst,
on the same sample, under the same conditions, shall not exceed 0,2 g
per hl ethanol at 100 % vol.
Method6: Determinationoftotalacidity
1. SCOPE AND FIELD OF APPLICATION
The method determines the total acidity, expressed as acetic acid, of
neutral alcohol.
2. DEFINITION
The total acidity content, expressed as acetic acid: the content of total
acidity, expressed as acetic acid, as determined by the method speci-
fied.
3. PRINCIPLE
The sample, after de-gassing, is titrated against standard sodium
hydroxide solution and the acidity calculated as acetic acid.
4. REAGENTS
4.1. Sodium hydroxide solutions, 0,01 mol/l and 0,1 mol/l, stored so that
contact with carbon dioxide isminimis ed.
4.2. Indigo carmine solution (A)
— Weigh 0,2 g indigo carmine,
— dissolve in 40 ml water and make up to 100 g with ethanol.
Phenol red solution (B)— Weigh 0,2 g phenol red,
— dissolve in 6 ml sodium hydroxide 0,1 mol/1 and make up to mark
with water in a 100 ml volumetric flask.
5. APPARATUS
5.1. Burette or automatic titrater.
5.2. Pipette, 100 ml.
5.3. Round-bottom flask with ground-glass stopper, 250 ml.2000R1623 — EN — 08.04.2003 — 009.001 — 83
▼M12
5.4. Reflux condenser with ground-glass stopper.
6. PROCEDURE
— Pipette 100 ml of the sample into the 250 ml round-bottom flask,
— add boiling stones and briefly heat to boiling in the reflux
condenser,
— add one drop of each of indicator solutions A and B to the hot
solution,
— then titrate with sodium hydroxide 0,01 mol/l until the first signs
of change from greenish-yellow to violet.
7. EXPRESSION OF RESULTS
7.1. Formula and method of calculation
The content of total acidity, expressed as acetic acid, in g per hl
ethanol at 100 % vol isgiven by:
V/C160
T
where:
V = the number of ml of 0,01 mol/l sodium hydroxide required for
neutralisation.
T = the alcoholic strength by volume of the sample as determined
by method 1.
7.2. Repeatability
The difference between the results of two determinations, carried out
simultaneously or in rapid succession, by the same analyst, on the
same sample, under the same conditions, shall not exceed 0,1 g per
hl ethanol at 100 % vol.
Method7: Determinationofesters
1. SCOPE AND FIELD OF APPLICATION
The method determines esters, expressed as ethyl acetate, in neutral
alcohol.
2. DEFINITION
The ester content: the content of esters, expressed as ethyl acetate, as
determined by the method specified.
3. PRINCIPLE
Esters react quantitatively with hydroxylamine hydrochloride in alka-
line solution to form hydroxylamic acids. These then form coloured
complexes with ferric ions in acid solution. The optical densities of
these complexes are measures at 525 nm.
4. REAGENTS
4.1. Hydrochloric acid 4 mol/l.4.2. Ferric chloride solution, 0,37 mol/l in 1 mol/l hydrochloric acid.4.3. Hydroxylamine Hydrochloride, 2 mol/l. Store in a refrigerator.
4.4. Sodium hydroxide solution, 3,5 mol/l.
4.5. Ethyl acetate standard solutions containing 0,0, 0,2, 0,4, 0,6, 0,8 and
1,0 g ethyl acetate per hl ester-free ethanol at 96 % vol.
5. APPARATUS
5.1. Spectrophotometer with 50 mm pathlength cuvettes.
6. PROCEDURE
6.1. Calibration curve
— Weigh accurately 1,0 g ethyl acetate on an analytical balance,2000R1623 — EN — 08.04.2003 — 009.001 — 84
▼M12
— add ester-free alcohol in a 1 000 ml volumetric flask and make up
to the mark at 20 ºC,
— prepare dilution series in two stages to produce 20 reference solu-
tionscontaining 0,1 to 2,0 mg ethyl acetate per 100 ml s olution,
— determine absorbence values for the reference solution in accor-
dance with 6.2 and construct a graph.
6.2. Determination of ester content
— Pipette 10 ml of the sample into test-tubes fitted with ground-glass
stoppers,
— add 2 ml hydroxylamine hydrochloride solution,— at the same time prepare a blank using 10 ml ester-free ethanol at
96 % vol and 2 ml hydroxylamine hydrochloride solution,
— then add 2 ml sodium hydroxide to each solution, close the tubes
with ground-glass stoppers and shake well,
— keep for 15 minutesat 20 ºC in a water bath,— add 2 ml hydrochloric acid to each tube, shake briefly,— add 2 ml ferric chloride solution, mix well,— pour contentsinto cuvettes ,— Determine absorbence values at 525 nm.
7. EXPRESSION OF RESULTS
7.1. Formula and method of calculation
Plot the optical densities of the standards against their concentrations.The ester content (expressed as ethyl acetate = A) corresponding to
the absorbence value is read off on the graph and calculated according
to the formula:
A/C1100
T
and given in 9 per hl ethanol at 100 % vol,
where T = alcohol content of the sample in % vol determination as
described in method 1.
7.2. Repeatability
The difference between the results of two determinations, carried out
simultaneously or in rapid succession, by the same analyst, on the
same sample, under the same conditions, should not exceed 0,1 g
esters, as ethyl acetate, per hl ethanol at 100 % vol.
Method8: Determinationofvolatilenitrogenbases
1. SCOPE AND FIELD OF APPLICATION
The method determines volatile nitrogen bases, expressed as nitrogen,
in neutral alcohol.
2. DEFINITION
The volatile nitrogen bases content: the content of volatile nitrogen
bases, expressed as nitrogen, as determined by the method specified.
3. PRINCIPLE
The sample is evaporated to a small volume in the presence of
sulphuric acid and the ammonia content then determined using the
conway micro-diffusion technique.
4. REAGENTS
4.1. Suphuric acid, 1 mol/l.
4.2. Boric acid indicator solution. Dissolve 10 g of boric acid, 8 mg of
bromocresol green and 4 mg of methyl red in 30 % vol propan-2-ol
and make up to 1 000 ml with 30 % vol propan-2-ol.
4.3. Potasium hydroxide solution, 500 g/l; carbon dioxide free.4.4. Hydrochloric acid, 0,02 mol/l.2000R1623 — EN — 08.04.2003 — 009.001 — 85
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5. APPARATUS
5.1. Evaporating dish, of sufficient capacity to accept 50 ml of sample.
5.2. Water bath.5.3. Conway flask with tightly fitting lid; see figure 1 for description and
suggested dimensions.
5.4. Micro-burette, capacity 2 to 5 ml, graduated in 0,01 ml.
6. PROCEDURE
6.1. Pipette 50 mlsof the s ample (with an anticipated nitrogen content of
less than 0,2 g per hl sample take 200 ml of sample) into a glass dish,
add 1 ml of 1 mol/l sulphuric acid (4.1), place the dish (5.1) on a
water bath (5.2) and evaporate until there isabout 1 ml remaining.
6.2. Pipette 1 ml of the boric acid indicator solution (4.2) into the inner
chamber of the Conway flask (5.3) and wash the residue liquid from
the evaporation process (6.1) into the outer chamber. Slightly tilt the
Conway flask and add about 1 ml of the potassium hydroxide solution
(4.3) to the outer chamber asquickly aspos s ible but asfar from the
majority of the liquid in the outer chamber as possible. Immediately
seal the Conway flask by covering with a tightly fitting lid smeared
with grease.
6.3. Mix the two solutions in the outer chamber taking care that there is no
liquid spillage from either chamber to the other. Allow to stand for
two hours.
6.4. Titrate the ammonia in the inner chamber against 0,02 mol/l hydro-
chloric acid (4.4) using a micro-burette (5.4) to neutralisation. The
volume of acid used should be between 0,2 and 0,9 ml; let the volume
of acid used by V
1ml.
6.5. Carry out a blank titration by repeating sections 6.1 to 6.4 but repla-
cing the 50 ml of sample in section 6.1 by the same volume of water.
Let the volume of hydrochloric acid used be V2ml.
7. EXPRESSION OF RESULTS
7.1. Formula and method of calculation.
The content of volable nitrogen bases, in g per hl ethanol at 100 %
vol, calculated and expressed as nitrogen, is given by:
V1/C0V0 ðÞ /C1 2800
E/C1T
Where
V1= the volume, to ml, at the hydrochloric acid used to neutralize
the sample.
V2= the volume, in ml, of hydrochloric acid used in the blank test.
T = the alcoholic strength by volume of the sample as determined
by method 1.
E = the quantity of sample used in ml.
7.2. Repeatability
The difference between the results of two determinations, carried out
simultaneously or in rapid succession, by the same analyst, on the
same sample, under the same conditions, shall not exceed 0,05 g per
hl ethanol at 100 % vol.2000R1623 — EN — 08.04.2003 — 009.001 — 86
▼M12
Figure 1: Conway flask
Method9: Determinationofmethanol
1. SCOPE AND FIELD OF APPLICATION
The method determinesthe content of methanol in neutral alcohol.
2. DEFINITION
The methanol content: the content of methanol asdetermined by the
method specified.
3. PRINCIPLE
The methanol concentration isdetermined by direct injection of
sample into a gas liquid chromatography apparatus.
4. PROCEDURE
Any GLC method iss uitable provided that the gaschromatographic
column and conditionsemployed are capable of achieving a clear
separation between methanol, acetaldehyde, ethanol and ethyl acetate.
The limit of detection of methanol in ethanol shall be less than 2 g/hl.2000R1623 — EN — 08.04.2003 — 009.001 — 87
▼M12
5. REPEATABILITY
The difference between the results of two determinations, carried out
simultaneously or in rapid succession, by the same anylst, on the same
sample, under the same conditions, shall not exceed 2 g methanol per
hl ethanol at 100 % vol.
Method10: Determinationofdryresidue
1. SCOPE AND FIELD OF APPLICATION
The method determinesthe dry res idue content of neutral alcohol.
2. DEFINITION
The dry residue content: the dry matter content as determined by the
method specified.
3. PRINCIPLE
An aliquot of the sample is dried at 103 ºC and the residue deter-
mined gravimetrically.
4. APPARATUS
4.1. Water bath, boiling.
4.2. Evaporating dish of suitable capacity.4.3. Desiccator, containing freshly activated silica gel (or an equivalent
desiccant) with a moisture content indicator.
4.4. Analytical balance.4.5. Oven, thermostatically controlled at 103 ± 2 ºC.
5. PROCEDURE
Accurately weigh, to the nearest 0,1 mg, a clean dry evaporating dish
(4.2) (m
o). Pipette in several operations if necessary a suitable volume
of sample into the dish (100 — 250 ml) (Voml). Place the dish with
sample on the boiling water bath (4.1) and allow to. dry. Place in the
oven (4.5) at 103 ± 2 ºC for 30 minutes and then transfer dish with
residue into a desiccator (4.3). Allow the dish to cool for 30 minutes
and then weigh, to the nearest 0,1 mg, the dish with residue (M1).
6. EXPRESSION OF RESULTS
6.1. Formula and method of calculation
The content of dry residue, to g per hl of ethanol at 100 % vol is
given by:
M1/C0M0 ðÞ /C1 107
V0/C1T
where:
Mo= the mass, in g, of the clean dry dish,
M1= the mass, in g, of the dish and residue after drying,
Vo= the volume of sample taken for drying, and
T = the alcohols strength by volume of the sample as determined
by method 1.
6.2. Repeatability
The difference between the results of two determinations, carried out
simultaneously or in rapid succession, by the same analyst, on the
same sample, under the same conditions, shall not exceed 0,5 g per
hl of ethanol at 100 % vol.
Method11: Limittestfortheabsenceoffurfural
1. SCOPE AND FIELD OF APPLICATION
The method detectsfurfural in neutral alcohol.2000R1623 — EN — 08.04.2003 — 009.001 — 88
▼M12
2. DEFINITION
The detection of the limit tests concentration of furfural: the limit test
result as determined by the method specified.
3. PRINCIPLE
The alcohol sample is mixed with aniline and glacial acetic acid. The
presence of furfural is indicated by a salmon pink colour appearing in
the solution within 20 minutes of mixing.
4. REAGENTS
4.1. Aniline, freshly distilled.4.2. Acetic acid, glacial.
5. APPARATUS
Tubes, fitted with ground glass stoppers.
6. PROCEDURE
Pipette 10 ml of the sample into a tube (5); add 0,5 ml of aniline and
2 ml of glacial acetic acid. Shake the tube and contentsto mix.
7. EXPRESSION OF RESULTS
7.1. Limit test interpretation
If the time of development of any salmon pink colouration in the tube
is less than 20 minutes the test is positive and the sample contains
furfural.
7.2. Observations
The results of two limit tests, carried out simultaneously or in rapid
succession, by the same analyst, on the same sample, under the same
conditions, shall be identical.
Method12: UVtest
1. SCOPE
Thismethod determinesthe optical trans parence of neutral alcohol.
2. PRINCIPLE
The optical transparence of the sample in the wavelength range 220 to
270 nm is measured against a defined reference substance of high
optical transparence.
3. APPARATUS
3.1. UV-VIS spectrophotometer3.2. Quartz cuvettes, 10 mn path length, same spectrum transmission.
4. REAGENTS
n-Hexane for spectroscopy.
5. PROCEDURE
— Rinse clean cuvettes with sample solution and then pour in the
sample; dry the outside of the cuvettes,
— treat reference cuvette in the same way with n-Hexane and fill,— determine absorbence values and construct graph.
6. EXPRESSION OF RESULTS
The absorbence values found at 270, 240, 230 and 220 nm may not
exceed the following figures: 0,02, 0,08, 0,18 and 0,3.
The absorbence curve must be smooth and regular.2000R1623 — EN — 08.04.2003 — 009.001 — 89
▼M12
Method13: Determinationof14Ccontentinethanol
1. METHOD TO DETERMINE TYPE OF ALCOHOL
Determination of the14C content in ethanol permitsa dis tinction to be
made between alcohol from fossil fuels (synthesis alcohol) and
alcohol from recent raw materials(fermentation alcohol).
2. DEFINITION
The14C content of ethanol isunders tood to be the14C content deter-
mined using the method described here.
The natural14C content in the atmosphere (the reference value), which
is absorbed by living vegetation by assimilation, is not a constant
value. The reference value istherefore determined on ethanol from
raw materialsof the mos t recent vegetation period. Thisannual refer-
ence value isdetermined each year by collaborative analys es
organised by the Community Bureau of References and the Joint
Research Centre, Ispra
3. PRINCIPLE
The14C content of samples containing alcohol with at least 85 % mass
ethanol isdetermined directly by liquid s cintillation count.
4. REAGENTS
4.1. Toluene scintillator
5,0 g 2,5-diphenyloxazole (PPO)
0,5 g p-bis-[4-methyl-5-phenyloxazolyl(2)]-benzene (dimethyl-
POPOP) in 1 litre analytical grade toluene.
Commercial, ready-to-use toluene scintillators of this composition can
also be used.
4.2.14C standard
n-Hexadecane14C with an activity of about 1 × 106dpm/g (approxi-
mately 1,67 × 106cBq/g) and a guaranteed accuracy of determined
activity of ± 2 % rel.
4.3.14C-free ethanol
Synthesis alcohol from raw materials of fossil origin with at least 85 %
mass ethanol, to determine the background.
4.4. Alcohol from recent raw materialsof the mos t recent vegetation
period with at least 85 % mass ethanol as reference material.
5. APPARATUS
5.1. Multi-channel liquid scintillation spectrometer with processor and
automatic external standardisation and display of the external stan-
dard/channel ratio (usual design: three meter channels and two
external standard channels).
5.2. Low-potassium counter tubes suitable for the spectrometer, with dark
screw-tops containing a polyethylene insert.
5.3. Volumetric pipettes, 10 ml.5.4. Automatic dosing device 10 ml.
5.5. 250 ml round-bottom flask with ground-glass stopper.
5.6. Alcohol distillation apparatus with heating mantle, e.g. type Micko.5.7. Microliter syringe 50 µl.
5.8. Pycnometer funnel, pycnometers, 25 ml and 50 ml.
5.9. Thermostat with a temperature stability of ± 0,01 ºC.
5.10. Official alcohol tablesin accordance with the Council Directive of 27
July 1976 on the approximation of the lawsof Member Statesrelating
to alcohol tables, published by the Commission of the European
Communities(ISBN 92-825-0146-9).2000R1623 — EN — 08.04.2003 — 009.001 — 90
▼M12
6. PROCEDURE
6.1. Adjusting the equipment
The equipment should be adjusted according to the manufacturer's
instructions. Measuring conditions are optimal when the value E2/B,
the quality index, isat itsmaximum.
E = efficiency
B = background
Only two meter channelsare optimis ed. The third isleft fully open for
control purposes.
6.2. Selection of counter tubes
A larger number of counter tubesthan will later be needed are each
filled with 10 ml of14C-free synthesis ethanol and 10 ml toluene scin-
tillator. Each is measured for at least × 100 minutes. Tubes whose
backgroundsvary by more than ± 1 % rel. from the mean are
discarded. Only tubes new from the factory and from the same batch
may be used.
6.3. Determination of the external standard/channel ratio (ESCR)
During the process of setting the channels (6.1) the ESCR is deter-
mined using the appropriate computer program when the efficiency
is determined. The external standard used is137caesium, which is
already built-in by the manufacturer.
6.4. Preparation of sample
Samples having an ethanol content of at least 85 % mass and free
from impurities, which absorb at wavelengths below 450 nm can be
measured. The low residue of esters and aldehydes is not a problem.
After the first few ml have been discarded the sample is distilled
direct into the pycnometer and the alcohol content of the sample is
determined by pycnometry. The valuesto be determined are taken
from the Official Alcohol Tables.
7. MEASUREMENT OF SAMPLES USING EXTERNAL STANDARD
7.1. Slightly extinguished samples such as those described in 6.4 with an
ESCR of around 1.8 may be measured via the ESCR, which provides
a measure of the efficiency.
7.2. Measurement
10 ml each of the samples prepared according to 6.4 is pipettes into a
selected counter tube checked for background and 10 ml of toluene
scintillator is added via an automatic dosing device. The samples in
the tubes are homogenised by suitable rotary movements; the liquid
must not be allowed to wet the polyethylene insert in the screw-top.
A tube containing14C-free fossil ethanol is prepared in the same way
to measure the background. To check the relevant annual14C value a
duplicate of recent ethanol from the latest vegetation period is
prepared, a tube being mixed with internal standard, see 8.
The control and background samples are placed at the beginning of
the measurement series, which should contain no more than 10
samples for analysis. Total measuring time per sample is at least
2 × 100 minutes, with the individual samples being measured in part
stages of 100 minutes so that any equipment drift or other defect can
be detected. (One cycle therefore corresponds to a measuring interval
of 100 minutesper s ample).
Background and control samples should be freshly prepared every
four weeks.
Thismethod requireslittle time and material and isparticularly
suitable for non-specialist laboratories processing large numbers of
samples.
In the case of slightly extinguished samples (ESCR circa 1,8) the effi-
ciency isonly negligibly affected by the change in thisvalue. If the
change iswithin ± 5 % rel. the s ame efficiency can be expected. For
more greatly extinguished samples, such as denatured alcohols, the
efficiency can be established via the extinction correction graph. If
an appropriate computer program isnot available the internal s tandard
must be used, and this gives an unambiguous result.2000R1623 — EN — 08.04.2003 — 009.001 — 91
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8. MEASURING SAMPLES USING INTERNAL STANDARD HEXA-
DECANE14C
8.1. Procedure
Control and background samples (recent and fossil ethanol) and the
unknown material are each measured as duplicates. One sample of
the duplicate isprepared in a non-s elected tube and an accurately
dosed quantity (30 µl) of hexadecane14C isadded asinternal s tandard
(added activity around 26 269 dpm/gC approximately 43 782 cBq/gC).
For the sample preparation and measuring time of the other samples
see 7.2, but the measuring time for the samples with the internal stan-
dard can be reduced to about five minutesby pres etting at 105pulses.
One duplicate each of background and control samples is used per
measuring series; these are placed at the beginning of the measuring
series.
8.2. Handling the internal standard and counter tubes
To prevent contamination when measuring with the internal standard
these must be stored and handled well away from the area where the
samples for analysis are prepared and measured. After measurement
the tubes checked for background may be re-used. The screw-tops
and tubes containing the internal standard are disposed of.
9. EXPRESSION OF THE RESULTS
9.1. The unit of activity of a radio-active substance is the becquerel; 1
Bq = 1 decay/sec.
Indication of specific radio-activity is expressed as becquerels relative
to one gram carbon = Bq/gC.
To obtain more practical results it is best to express the results in
centi-bequerels= cBq/gC.
The descriptions and formulae used in the literature, based on dpm,
may be retained for the time being. To obtain corresponding figures
in cBq merely multiply the dpm figure by 100/60.
9.2. Expression of results with external standard
cBq=gC¼cpmpr/C0cpmNE/C0/C1
/C11;918/C1100
V/C1F/C1Z/C160
9.3. Expression of results with internal standard
cBq=gC¼cpmpr/C0cpmNE/C0/C1
/C1dpmIS/C11;918/C1100
cpmIS/C0cpmpr/C0/C1
/C1V/C1F/C160
9.4. Abbreviations
cpmpr= the mean sample count rate over the total measuring time.
cpmNE= the mean background pulse rate calculated in the same
way.
cpmIS= the amount of added internal standard added (calibration
radioactivity dpm).
dpmIS= the quantity of internal standard added (calibration radio-
activity dpm).
V = the volume of the samples used in ml.F = the content in grammespure alcohol per ml corre-
sponding to its concentration.
Z = the efficiency corresponding to the ESCR value.
1,918 = the number of grammesalcohol per gramme carbon.
10. RELIABILITY OF THE METHOD
10.1. Repeatability (r)
r = 0,632 cBq/g C; S
(r)= ± 0,223 cBq/g C2000R1623 — EN — 08.04.2003 — 009.001 — 92
▼M12
10.2. Comparability (R)
R = 0,821 cBq/g C; S(R)= ± 0,290 cBq/g C.2000R1623 — EN — 08.04.2003 — 009.001 — 93
▼B
ANNEX V
Notification of refusal or acceptance of lots in connection with tendering procedures for the
exportofwinealcohol
— Name of successful tenderer:
— Date of award:— Date of refusal or acceptance of the lot by the successful tenderer:
2000R1623 — EN — 08.04.2003 — 009.001 — 94