2000R1623 — EN — 11.10.2002 — 008.002 — 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-
cles 24, 25, 26, 33, 34, 35, 36 and 80 thereof,
Whereas:
(1)Title III of Regulation (EC) No 1493/1999 lays down general
rules on market mechanisms and refers for the rest to detailed
implementing rules to be adopted by the Commission.
(2)Until now, those rules have been contained in a large number 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)This Regulation must include the current rules and adapt them tothe new requirements of Regulation (EC) No 1493/1999. Theymust also be simplified and made more coherent and certain
gaps must be filled in to ensure that the Community rules in
this area are complete. In addition, some rules should be mademore specific to ensure greater legal certainty when they areapplied.
(4)Article 35(1)(a) of Regulation (EC) No 1493/1999 introduces an
aid scheme for the use of grape must and concentrated grape
must made from grapes produced in the Community for thepurpose of manufacturing grape juice or other comestibleproducts made with this juice.
(5)Such other comestible products should be specified.
(6)The economic aim of the aid scheme is to encourage the use ofraw materials of Community origin rather than imported rawmaterials in the manufacture of grape juice or other comestibleproducts made with this juice. The aid should accordingly 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 products eligible 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-tions to 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 authorities of their Member State at the beginning2000R1623 — EN — 11.10.2002 — 008.002 — 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 grapes or grape must.
(11)When the processor is not the user of the product concerned,particularly where the inspecting authority concerned is in adifferent Member State than the processor, it is not always easyfor that authority to know whether a statement relates to grape
must which has not received aid under this Regulation or to
grape juice for which an aid application has already beensubmitted. The transport document accompanying the productconcerned should therefore indicate whether an aid applicationhas been submitted.
(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
undertakings working continuously. The detailed rules for
applying the aid scheme must take account of that difference instructures.
(15)In order to allow the competent authorities of the Member Statesto conduct the necessary checks, the obligations of processors asregards stock accounts should be specified.
(16)In order to avoid unwarranted expenditure and facilitate checks,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 introduces an aid
scheme for concentrated must and rectified concentrated must
produced in the Community and used to increase the alcoholic
strength of wines.
(21)Under Article 36 of Regulation (EC) No 1493/1999, detailed
rules may be laid down, in particular to stipulate the conditions
for granting the aid. On that basis, rules should be laid down forapplying the measure in the case of small producers. It shouldalso be stipulated that only producers who have fulfilled theirCommunity obligations during a specified period are to beeligible under this measure.
(22)The competent authorities must be informed of enrichmentoperations involving the addition of concentrated grape mustand rectified concentrated grape must and of the quantities of2000R1623 — EN — 11.10.2002 — 008.002 — 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 is no need to require additional
documents to be presented in order for the aid to be received.
(23)To ensure uniform application of the aid scheme concerned, the
method for establishing the potential alcoholic strength of musts
should be harmonised at Community level.
(24)The cost price of grape must used to produce concentrated grape
must and rectified concentrated grape must depends on its 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 products falling within CN code 220600 inthe United Kingdom and Ireland and for the use of concentratedgrape musts produced in the Community to manufacture certain
products marketed in the United Kingdom and in Ireland with
instructions for using them to obtain a beverage in imitation ofwine.
(26)Products falling within CN code 2206 00 as referred to inArticle 35(1)(c) of Regulation (EC) No 1493/1999 are currentlyproduced exclusively from concentrated grape must. At 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 products eligible 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 writtenapplications giving the information needed to identify theproduct and enable the operations to be checked.
(29)In order for the aid scheme to significantly increase the use ofCommunity products, it should be stipulated that applicationsmust be submitted for a fixed minimum quantity.
(30)Aid is to be granted only for products having the minimumquality characteristics required for use for the purposes referredto in Article 35(1)(b) and (c) of Regulation (EC) No 1493/1999.
(31)In order to enable the competent authorities of 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 upto 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 advances shouldtherefore 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 — 11.10.2002 — 008.002 — 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 thatproducers must be the owners of the products covered by the
storage contract.
(36)An effective check must be kept on the products covered by
storage contracts. To that end, the intervention agency of a
Member State should be allowed to conclude contracts only for
quantities stored on the territory of that Member State, and 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 is applicable for determining periods, dates andtime limits relating to those schemes, and that the dates on
which contractual storage periods begin and end should be stated
precisely.
(39)Under Article 3(4) of Regulation (EEC, Euratom) No 1182/71,
where the last day of a period is a public holiday, Sunday or
Saturday, the period expires at the end of the last hour of 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
as quality wines psr.
(44)In order to prevent products covered by a contract from affecting
the market situation, marketing and certain actions preparatory
thereto should be prohibited during the contractual storageperiod.
(45)Under the third indent of Article 26(1) of Regulation (EC)No 1493/1999, rules may be adopted allowing grape mustcovered by a long-term contract to be processed into 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 — 11.10.2002 — 008.002 — 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 products are intended for export once removed fromstorage. Proof that the products have been exported should besupplied in the same way as for refunds, in accordance with
Commission Regulation (EC) No 800/1999 of 15 April 1999
laying down common detailed rules for 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 helpmeet the cash-flow requirements of the p roducersconcerned, 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 conditions for the conclusion of a new contract forthe same product are satisfied.
(52)The market for must and concentrated must for grape juice
production is expanding and, in order to promote the use of
vine products for purposes other than wine-making, 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 — 11.10.2002 — 008.002 — 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, producers should 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-tions on the market could be more closely monitored. However,
the contracts system needs to be adjusted to take account of the
fact that some producers wish to entrust distillation to a jobbingdistiller while others have distillation plant themselves.
(56)Specific rules are needed to ensure that wine delivered for one of
the optional distillation operations comes from the producers'
own production. To that end, such producers should be 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 has shown that it is not always
easy for producers to calculate exactly the quantities of products
they are required to deliver to meet their obligation. Whereproducers have delivered almost all the quantities required 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 plays a vital role in achieving balance on the
market in table wine and indirectly helps to adjust 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 obligations within the time allowed but whodo fulfil them before another date to be specified.
(61)The various wine distillation operations may yield neutralalcohol as defined in the Annex to this Regulation, on the basisof criteria relating to its composition. Community methods ofanalysis should be adopted to ensure that these criteria are
complied with.
(62)These methods must be compulsory for all commercial transac-
tions and verification procedures. In view of the trade's limited
facilities, a small number of usual procedures should be allowed
so that the requisite factors can be determined rapidly and withreasonable accuracy.
(63)The Community methods of analysis should be generally recog-
nised methods and should be uniformly applied.
(64)In order to ensure that the results obtained by applying the
analytical methods referred to in Regulation (EC) No 1493/1999 are comparable, the terms relating to the repeatability and2000R1623 — EN — 11.10.2002 — 008.002 — 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 lees for distillation 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,
producers should be required to deliver only by-products of
wine-making for distillation under Article 27 of that Regulation.
(68)The obligation to distil by-products is a disproportionate
constraint for some producers of small quantities in certain
wine-growing areas. At the request of their Member State, suchproducers should be allowed to have their by-products with-drawn under supervision instead of delivering them fordistillation.
(69)Producers who deliver their marc for the manufacture of oeno-cyanin generally supply unfermented grape marc. The processby which oenocyanin is extracted from such marc makes the
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
upthe quantity for comp ulsory distillation.
(71)Where the by-products of wine-making are withdrawn under
supervision under Article 27(7) and (8) of Regulation (EC)
No 1493/1999, all such by-products must have been 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 States whose wine production is very
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 documents required must reflect the differ-
ences between wine and wine lees on 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 — 11.10.2002 — 008.002 — 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 agencies forthe products delivered to them, account should be taken of theaverage cost of transporting and distilling the products
concerned.
(76)A single standard price should be fixed for products delivered to
intervention agencies in connection with distillation under
Article 27 of Regulation (EC) No 1493/1999, irrespective of the
origin of the raw materials.
(77)In some regions of the Community, the relation between the
quantities of marc and those of wine and wine lees is such that
the average distillation costs differ from those used to 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-products of wine-making. Prices differentiated according to
the raw material of the product obtained by distillation should
therefore be fixed at the same time as the standard price, whileleaving it to the Member States to decide whether such differen-tiated prices should be applied in regions where 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 prices differentiated 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 does not 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 Articles 27 and 28 of Regulation (EC) No 1493/1999 must
resell it at less than the buying-in price. The difference between
the buying-in price and the selling price for such alcohol 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 provides for distil-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)Rules are needed to cover cases of force majeure which may
prevent distillation from taking place as planned.2000R1623 — EN — 11.10.2002 — 008.002 — 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 rules are needed for payment of the buying-in price for
the wine, payment of aid to makers of 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 products are transported 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 is only fair that producers should receive the full price if they
have not increased the alcoholic strength of any part of their
table wine by adding either sucrose or concentrated grape mustfor which they have received aid under Article 34 of Regulation(EC) No 1493/1999. Moreover, producers who have increasedthe 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 products taken over by the intervention agency in connectionwith distillation under Article 28 of Regulation (EC) No 1493/1999 must be adjusted to take account of the reduction in thebuying-in price for the wine.
(96)One feature of the Community market for alcohol is the exis-tence of stocks resulting from intervention under Articles 27, 28and 30 of Regulation (EC) No 1493/1999 (
1).
(97)Specific detailed rules are needed for such 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 — 11.10.2002 — 008.002 — 10
(1) Recitals 98 to 124: see the recitals of Regulation (EEC) No 377/93.
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tion for which the alcohol is intended and the quantities of
alcohol at 100 % vol. to be disposed of.
(99)Since the aim of tendering procedures is to obtain the most
favourable price, where the Commission decides to sell
following a tendering procedure the sale must be awarded tothe tenderer offering the highest price. Rules are also neededfor cases where several tenders for the same lot offer the sameprice.
(100)Tenders for upto 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 developoutlets in the longer term for significant quantities of 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 products which thealcohol may replace, the Commission should be free to awardno quantities on the basis of tenders received.
(105)So that sales can be awarded in response to the greatest possiblenumber of tenders submitted where the proposed prices aredeemed satisfactory and the proposed end uses are suitable fordeveloping new industrial outlets for the product, it should bepossible, within certain limits, for tenderers who have submitted
such tenders to be awarded a replacement lot. Such a procedure
is likely to increase sales of Community alcohol and thus reducestocks which must otherwise be managed at a high cost to thebudget.
(106)Irrespective of the margin of tolerance on the overall quantity ofalcohol put up for sale by tender, the price to be paid before 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 procedures should be held for export of thealcohol awarded to the countries of the Caribbean area for finaluse in the fuel sector so as to give these countries 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 — 11.10.2002 — 008.002 — 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 prices on international markets.
(112)In view of the size of some of the vats in which part of the
alcohol obtained by compulsory distillation is stored and the
considerable length of time that some of this alcohol remains instorage, it is impossible in practice to know exactly what quan-tity of marketable alcohol is contained in certain storage vats.
(113)This being the case, any tendering procedure ultimately found to
relate to a quantity of marketed alcohol amounting to between
99 and 101 % of the quantity of alcohol originally put up 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 defects that 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 procedures are 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 rules laiddown in Commission Regulation (EEC) No 2220/85 of 22 July1985 laying down common detailed rules for the application ofthe system of securities for agricultural products, which alsocovers wine, should 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 countries covered by this Regulation. A higher toler-ance limit should also be set for alcohol losses due to processingoperations in such third countries by comparison with similaroperations in the Community to take account of operational,
climatic and other conditions and the fact that some equipment
is less efficient in some third countries.
(119)Penalties should be applied for losses exceeding the set tolerancelimits by withholding a standard amount of the performance
guarantee covering the cost price of the alcohol delivered to the
intervention agency in connection with distillation under 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 — 11.10.2002 — 008.002 — 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, theconditions on which performance guarantees can be releasedshould be amended.
(121)The checks made to verify whether the alcohol is used for thepurposes specified in the relevant invitations to tender shouldinclude at least checks equivalent to those applied to 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
is duly fulfilled. In line with the strengthening 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 this Regulation lay
down the Community rules applicable to market mechanisms in thewine sector.
This Regulation lays down the detailed rules for applying Regulation
(EC) No 1493/1999 in particular regarding aid for the use of grapes,grape must and concentrated grape must (Title I), private storage aid(Title II) and distillation (Title III).
Article 2
General provisions
1. Member States may rule that operators starting up their activities
for the first time during a given wine year are entitled to aid under thisRegulation only for products resulting from the processing of their own
grape production.
2. Without prejudice to Article 30 of this Regulation, operators who
were subject to the obligations laid down in Articles 27 and 28 ofRegulation (EC) No 1493/1999 during the previous wine year shall beeligible for the measures provided for in this Regulation only wherethey provide evidence that they fulfilled their obligations regarding
delivery or withdrawal under supervision during the wine year
concerned.
For the 2000/01 wine year, the obligations referred to in the first
subparagraph shall be those laid down in Articles 35 and 36 of Regula-tion (EEC) No 822/87.2000R1623 — EN — 11.10.2002 — 008.002 — 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. This Chapter lays down the detailed rules for applying the aid
scheme introduced by Article 35(1)(a) of Regulation (EC) No 1493/1999. The aid shall be granted to processors:
(a) who are themselves producers or groups of producers and who
process or have processed on their behalf the grapes they have
harvested, and grape must and concentrated grape must obtainedentirely from their own grape crop, into grape juice or other comes-tible products manufactured from such grape juice, or
(b) who purchase from producers or groups of producers, either
directly or indirectly, grapes produced in the Community and 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
grapes produced in the Community.
2. At the time it is used to manufacture comestible products, the
grape juice must comply with Council Directive 93/77/EEC.
Article 4
Amountoftheaid
Aid for the use of grapes, grape must and concentrated grape must
under Article 35 of Regulation (EC) No 1493/1999 shall be fixed 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 products referred to in Article 4(1) of this Regulation must be of
sound and fair merchantable quality and suitable for processing intogrape juice. The grape must and the must obtained from the grapes
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 — 11.10.2002 — 008.002 — 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 States may require quarterly statements and 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 materials were obtained,
in accordance with the classification in Annex III to Regulation(EC) No 1493/1999,
(c) the following technical information:
(i) the quantity (in 100 kilograms of grapes or hectolitres of grape
must or concentrated grape must),
(ii) the density, in the case of grape must and concentrated grape
must,
(iii) the date of commencement and the probable duration of
processing operations.
The statement shall relate to a minimum quantity of:
(a) 1 300 kg for grapes,
(b) 10 hectolitres for grape must,
(c) 3 hectolitres for concentrated must.
The Member States may require further information with a view to
identifying the product.
3. Processors who use no more than 50 tonnes of grapes, 800 hl of
grape must or 150 hl of concentrated grape must each wine year toproduce grape juice shall submit a statement to the competent authori-ties at the beginning of the wine year containing the information
required under (a) and (b) of paragraph 1 of this Article. They shall
not be required to submit the other statements referred to in paragraphs1 and 2 of this Article.
4. The statements and schedules referred to in paragraphs 1, 2 and 3
shall be submitted in at least two copies, at least one of which shall bereturned, duly stamped by the competent authority, to the processor.
5. Processors shall keepstock accounts showing in p articular the
following information taken from accompanying documents or theregisters referred to in Article 70 of Regulation (EC) No 1493/1999:
(a) the quantities, density and wine-growing zone of origin of the raw
materials entering their premises each day and, where applicable,
the name and address of the seller(s),
(b) the quantities and density of raw materials used each day,
(c) the quantities of grape juice obtained each day after processing,
(d) the quantities of grape juice leaving their premises each day and
the name and address of the consignee(s).
Where processors themselves carry out one of the operations referred
to in Article 7(1) of this Regulation in their juice-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 thequantities of grape juice packaged each day.2000R1623 — EN — 11.10.2002 — 008.002 — 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 juices with other products or storing with a view tosale to one or more undertakings responsible for carrying out the opera-tions referred 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 this Regulation.
3. Where processors dispatch the grape juice to a user within the
Community intending to store it prior to bottling or use in the 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 days after receiving the product,
(b) the competent authority shall stamp the accompanying document
referred to in point (a) only after verifying that a quantity at leastequivalent to that of the consignment concerned has beendispatched, with an appropriate accompanying document, to abottler or an undertaking manufacturing comestible products
covered by this Regulation, and has been received by that user.
If the requirements set out in point (b) have been fulfilled and once the
accompanying document has been received, the competent authority at
the place of unloading shall return the copy of the accompanying 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 days after receiving the product.
Not later than 30 days after receiving the copy of the accompanying
document, the competent authority at the place of unloading 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 days after receiving the product,
(b) the competent authority shall stamp the accompanying document
referred to in point (a) only if it has sufficient assurance that thegrape juice is actually intended for the manufacture of the comes-tible products concerned.
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 days after receiving it.2000R1623 — EN — 11.10.2002 — 008.002 — 16
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6. In the cases covered by this Article, users shall keepstock
accounts showing in particular:
(a) the quantities of unpackaged grape juice entering their premises
each day and the name and address of the consignor/processor,
(b) the quantities of unpackaged grape juice leaving their premises
each day and the name and address of the consignee(s).
(c) the quantities of grape juice and/or grape juice mixed with other
products packaged each day, indicating the quantity of grape 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 this Regulation. The Member States may require such copies andsummaries to be stamped by an authority responsible for inspec-tions.
2. In order to qualify for the aid, processors covered by Article 6(2)
of this Regulation shall submit an application for aid to the 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 this Regulation is affixed 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 documents required in order to qualify for the aid must 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 — 11.10.2002 — 008.002 — 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 materials actually used, 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 is concentrated grape juice, those ratios
shall be multiplied by 5.
2. Except in cases of force majeure , if processors fail to fulfil one of
the obligations devolving on them under this Regulation other than the
obligation to process the raw materials covered by their aid applica-tions into grape juice, the aid to be paid shall 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 has been recognised as entitled to the aid.
Article 11
Advancepayments
1. Processors may request that an amount equal to the aid calculated
for the raw materials be paid to them in advance provided that theyprovide evidence that the raw materials have entered their premisesand 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 this stage.
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. Advances as referred to in paragraph 1 shall be paid within three
months of the presentation of proof that the security has been lodged.However, no advances shall be paid before 1 January of the wine year
concerned.
3. After the competent authority or authorised department has
checked all the documents referred to in Article 8 of this Regulation,
the security referred to in paragraph 1 shall be released in whole or in
part, as the case may be, in accordance with the procedure laid down inArticle 19 of Commission Regulation (EEC) No 2220/85. Except incases offorce majeure , the security shall be forfeit where the quantity
used is less than 95 % of the quantity for which the advance was paid.
Where the quantity used is less than 95 % of the quantity for which the
advance was paid, the processor shall continue to be entitled to aid forthe quantity actually processed.2000R1623 — EN — 11.10.2002 — 008.002 — 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 as referred 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 products referred to in Annex V(C) to Regulation (EC) No 1493/
1999.
2. Notwithstanding paragraph 1, in the case of quantities of ten
hectolitres or less per wine year, the Member States may decide to
grant the aid to producers of concentrated grape must and 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 zones C III (a) and C III EUR 1.699/% vol./hl
— elsewhere EUR 1.466/% vol./hl
(b) Rectified concentrated grape must from grapes harvested:
— in wine-growing zones C III (a) and C III EUR 2.206/% vol./hl
— elsewhere EUR 1.955/% vol./hl
However, for wine years 2000/01, 2001/2002 and 2002/03 for rectified
concentrated musts obtained from grapes harvested elsewhere than inwine-growing zones C III (a) and C III (b) and produced in establish-
ments that began production of rectified concentrated musts before
1 January 1986 in Spain or before 30 June 1982 elsewhere, the 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 readings at 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
Producers wishing to receive the aid provided for in Article 34(1) of
Regulation (EC) No 1493/1999 shall submit an application to thecompetent intervention agency covering all operations to increase alco-holic strength to which that Article applies. Applications must reachthe intervention agency within two months of the date on which thelast operation was carried out.2000R1623 — EN — 11.10.2002 — 008.002 — 19
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Applications shall be accompanied by the documents relating to the
operations for which aid is requested.
Article 15
Conditionsforgrantingtheaid
1. Except in cases of force majeure , no aid shall be payable if the
producer does not carry out the operation referred to in Article 34(1)of Regulation (EC) No 1493/1999 in accordance with Annex V(C)and (D) to that Regulation.
2. Except in cases of force majeure , where producers fail to comply
with any of the requirements of this Regulation other than that referredto in paragraph 1, the aid payable shall be reduced by an amount to befixed by the competent authority depending on the seriousness of theinfringement.
3. In cases of 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 has been recognised as entitled to the aid.
Article 17
Advancepayments
1. From 1 January of the wine year concerned, producers may
request that an amount equal to the aid calculated for the products
used 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 as referred to in Article 35(1)(b) and (c) of Regulation (EC)
No 1493/1999 shall be granted:
(a) to manufacturers who use concentrated grape must obtained
entirely from grapes produced within wine-growing zones C III(a) and C III (b) for the manufacture in the United Kingdom andIreland of products falling within CN code 2206 00 for which the2000R1623 — EN — 11.10.2002 — 008.002 — 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 grapes produced in the Community as the 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. Manufacturers and operators wishing to receive aid as provided
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 operations begin.
However, the period of seven working days may be shortened where
the competent authority so authorises in writing.
2. Aid applications shall cover a minimum quantity of 50 kilograms
of concentrated grape must.
3. Aid applications shall show, in particular:
(a) the name or business name and the address of the manufacturer or
operator;
(b) the wine-growing zone from which the concentrated grape must
originates, as defined in Annex III to Regulation (EC) No 1493/1999;
(c) the following technical information:
(i) the place of storage,
(ii) the quantity (in kilograms or, if the concentrated grape must
referred to in Article 35(1)(c) of Regulation (EC) No 1493/1999 is put up in containers with contents not exceeding 5kilograms, the number of containers),
(iii) the density,
(iv) the prices paid,
(v) the place where the operations referred to in Article 35(1)(b)
and (c) of Regulation (EC) No 1493/1999 are carried out.
The Member States may require additional information for the purpose
of identifying the concentrated grape must.
4. A copy of the accompanying document(s) covering transport of
the concentrated grape must to the manufacturer's or operator's
premises, drawn up by the competent authority of the Member State,
shall 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 — 11.10.2002 — 008.002 — 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 this Regulation 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. Manufacturers and operators shall 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 this Article.
4. Except in cases of force majeure , no aid shall be payable where
manufacturers or operators fail to fulfil the requirement set out in para-
graph 1 of this Article.
5. Except in cases of force majeure , where manufacturers or opera-
tors fail to comply with any of the requirements of this Regulation
other than that referred to in paragraph 1 of this Article, the aid
payable shall be reduced by an amount to be fixed by the 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 this Regulation.
Article 22
Advancepayments
1. Manufacturers and operators as referred to in Article 18 of this
Regulation may apply for an amount equal to the aid to be paid inadvance provided they have lodged a security for 120 % of the saidamount in favour of the competent authority.
2. Advance payments as referred to in paragraph 1 shall be paid
within three months of presentation of proof that the security has beenlodged, provided that evidence is supplied that the concentrated grapemust has been paid for.
3. After the competent authority has received the information
referred to in Article 20(3) of this Regulation, and taking account 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 — 11.10.2002 — 008.002 — 22
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TITLEII
PRIVATESTORAGEAID
Article 23
Purpose
This Title lays down the detailed rules for applying the storage aid
scheme referred to in Chapter I of Title III of Regulation (EC)No 1493/1999.
Article 24
Definitions
For the purposes of this Title, ‘products’ means grape must, 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-tions referred to in Article 2 of this Regulation.
2. Producers may conclude contracts only for products:
— produced by them, or
— produced on their responsibility and which they own, or— in the case of producer organisations as referred to in the third
subparagraph of paragraph 1, produced on the responsibility of theirmembers.
3. The intervention agency of a Member State may conclude
contracts only for products stored on the territory of that Member State.
4. Products may not simultaneously be the subject of both a private
storage contract and the arrangements referred to in Article 5(1) ofCouncil Regulation (EEC) No 565/80.2000R1623 — EN — 11.10.2002 — 008.002 — 23
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Article 27
Characteristics ofproductseligible foraid
When contracts are concluded:
(a) the grape musts concerned must have been obtained exclusively
from varieties classified as wine grapes in accordance with
Article 19 of Regulation (EC) No 1493/1999 and may not have a
natural alcoholic strength by volume lower than the 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 this Regulation for the category for which thecontract is concluded;
(ii) must have a reducing sugar content not greater than two grams
per litre, except in the case of table wines from Portugal,
which must have a reducing sugar content not greater than
four grams per litre;
(iii) must display a satisfactory 24-hour exposure to air,
(iv) must be free of bad tastes.
(c) The radioactivity levels of the products referred to in Article 24 of
this Regulation may not exceed the maximum levels permittedunder 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 products for which producers conclude
storage contracts may not exceed the quantity stated in their productiondeclaration for the wine year concerned, submitted in accordance withArticle 18(1) of Regulation (EC) No 1493/1999, plus any quantitiesthey obtained after the date on which their declaration was submitted
and recorded in the registers referred to in Article 70 of Regulation
(EC) No 1493/1999.
2. Contracts shall cover a minimum quantity of 50 hectolitres in the
case of table wine, 30 hectolitres in the case of grape must and 10hectolitres in the case of concentrated grape must and rectified concen-trated grape must.
Article 29
Conclusionofcontracts
1. Producers may conclude contracts provided they supply the
following information for each container in which the product
concerned is stored:
(a) details enabling the product to be identified,
(b) the following analysis data:
(i) the colour,
(ii) the sulphur dioxide content,
(iii) the absence of hybrids, in the case of red products, as 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 is checked by the authorities.
For table wine, the following analysis data shall also be provided:(d) the total alcoholic strength by volume,2000R1623 — EN — 11.10.2002 — 008.002 — 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
milliequivalents per litre; however, Member States may waive thisrequirement for white wines,
(g) the volatile acid content, expressed in grams of acetic acid per litre
or in milliequivalents per litre; however, Member States may waive
this requirement for white wines,
(h) the reducing sugar content,
(i) behaviour in air over 24 hours,
(j) the absence of bad tastes.
The above analysis data shall be established by an official laboratory as
referred to in Article 72 of Regulation (EC) No 1493/1999 within 30days before the contract is concluded.
2. The Member States may limit the number of contracts that a
producer can sign each wine year.
3. Contracts for table wines may not be concluded before the date of
the first racking of the wine concerned.
4. Producers wishing to conclude storage contracts for table wines
shall, when submitting their applications, advise the 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 levels referred to in Article 28(2). Where this clause isapplied, the full amount of the aid due for the period prior to thereduction shall remain payable.
6. The Member States may require further information with a view
to identifying the product concerned.
Article 30
DerogationfromArticle 2ofthisRegulation
The Member States may authorise the conclusion of contracts before
producers have supplied the evidence referred to in Article 2 of thisRegulation provided such contracts include a statement by producerscertifying that they have met the obligations referred to in thatArticle or fulfil the requirement referred to in Article 58 of Title III2000R1623 — EN — 11.10.2002 — 008.002 — 25
▼B
of this Regulation and that they undertake to deliver the remaining
quantities needed to comply fully with their obligations within 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 is concluded.
2. However, if a contract relates to a storage period beginning after
the day following that on which it is concluded, the first day of 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 contracts for table wines shall expire between
1 September and 30 November following the date of conclusion.
3. To determine the expiry date, producers shall send the interven-
tion agency a statement specifying the last day of validity of thecontract. The Member States shall lay down the requirements for
presenting these statements.
In the absence of a statement, contracts shall expire on 30 November.4. Producers who have not applied for an advance under Article 38
of this Regulation may sell the grape must or concentrated grape 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. Producers who have not applied for an advance under Article 38
of this Regulation may terminate storage contracts as of 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-
ties covered by contracts in accordance with Article 29(5)(i) of this
Regulation, producers may unilaterally terminate their contract wholly
or in part in the month following the publication of that decision.
Article 34
Detailedimplementingrulesrelatingtostorage
1. Throughout the storage period and until the last day of validity of
the contract, products in storage:
(a) must comply with the relevant definitions in Annex I to Regulation
(EC) No 1493/1999,
(b) must retain at least the minimum alcoholic strength required for the
category of table wine concerned at the time of conclusion of thecontract,
(c) may not be kept in containers of less than 50 litres capacity,2000R1623 — EN — 11.10.2002 — 008.002 — 26
▼B
(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, products under 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 this Regulation, producers may
not sell or in any other way market the product under contract during
the period of validity of the contract.
Notwithstanding the first subparagraph, producers may undertake,
while a contract is still valid, to send table wine covered by it for distil-lation under Title III of this Regulation on expiry of the contract.
4. Producers shall inform the intervention agency in advance, within
a period to be laid down by the Member State concerned, of 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 producers intend to transport the product under contract to
a place of storage located elsewhere or to premises not belonging to
them, the product may be transported only once the intervention
agency, informed pursuant to paragraph 4, has authorised it.
6. Producers who have concluded private storage contracts for grape
must may process all or part of that must into concentrated grape mustor rectified concentrated grape must during the period of validity of
their contract.
Producers who have concluded private storage contracts for concen-
trated grape must may process all or part of that must into rectifiedconcentrated grape must during the period of validity of their contract.
Producers may have the processing operations referred to in the
previous two subparagraphs carried out by a third party provided 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 producers concerned shall inform the intervention agency in
writing of the date when the processing referred to in paragraph 6 ofthis Article is to commence, the place of storage and how the product
is put up.
Such notification must reach the intervention agency at least 15 days
before the date of commencement of the processing operations.
Within one month of the day of completion of the processing opera-
tions, producers shall send the intervention agency an analysis reportconcerning the product thus obtained, including as a minimum thedata required for the product concerned under Article 29 of this Regu-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 this Regulation for the
processing referred to in the first subparagraph of paragraph 6,
(b) the amount referred to in Article 25(b) of this Regulation for the
processing referred to in the second subparagraph of paragraph 6.2000R1623 — EN — 11.10.2002 — 008.002 — 27
▼M12
▼B
▼B
The aid shall be calculated, for the entire storage period, on the basis of
the quantity of product covered by the contract before processing.
Article 35
Changesintheproductduringstorage
1. Should all or part of the product under contract cease to satisfy
the requirements of Article 34(1) of this Regulation during the period
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 this Regulation 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 producers fail to fulfil their obligations under Article 34(1)
to (5) and (7) of this Regulation or refuse to submit to checks, noaid shall be payable;
(b) where producers fail to fulfil one of their obligations under this
Regulation or under the contract, other than those referred to in
(a) above, the aid shall be reduced by an amount determined by
the competent authority depending on the seriousness of the infrin-gement.
2. In cases where force majeure is recognised, 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 has been recognised as entitled to the aid.
2. In cases where a contract has been terminated in accordance with
Articles 33 or 36 of this Regulation, the aid payable shall be in propor-tion to the actual duration of the contract. The aid shall be paid not
later than three months after the day on which the contract is termi-
nated.
Article 38
Advancepayments
1. Producers who have concluded long-term storage contracts may
request that an amount equal to the aid calculated when the contractis drawn 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 — 11.10.2002 — 008.002 — 28
▼B
The remaining balance shall be paid not later than three months after
the date of expiry of the contract.
2. Securities as referred to in paragraph 1 shall be lodged in the
form of a guarantee given by an institution meeting criteria laid 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 is lost in accordance with Article 36(1)(a)
of this Regulation, the whole security shall be forfeit.
Where the application of Article 36(1)(b) of this Regulation results in
an aid amount that is lower than the sum already paid, the security
shall be reduced by 120 % of the amount paid in excess of the aiddue. Securities reduced in this way shall be released not later than threemonths after the date of expiry of the contract.
3. The Member States shall make the necessary adjustments where
Article 29(5)(i) is applied.
Article 39
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
This Title lays down the detailed rules applicable to distillation as
referred to in Chapter II of Title III of Regulation (EC) No 1493/1999.
Article 41
Definitions
1. For the purposes of this Title:
(a) ‘producer’ means:
(i) for the purposes of Chapter I of this Title: any natural or legal
person or group of such persons having produced wine fromfresh grapes, grape must or partially fermented grape must 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 authorities in the Member State in
whose territory the distillation premises are located;
(c) ‘maker of wine fortified for distillation’ means any natural or legal
person or group of such persons, other than distillers:
(i) processing wine into wine fortified for distillation, and2000R1623 — EN — 11.10.2002 — 008.002 — 29
▼B
(ii) approved by the competent authorities in the Member State in
whose territory the premises are located;
(d) ‘competent intervention agency’ means:
(i) for the purposes of receiving and approving contracts or
declarations relating to the delivery of wine for distillation
and receiving and approving contracts relating to the delivery
of wine for fortification, the intervention agency designated bythe Member State in whose territory the wine is located at thetime when the contract or declaration is submitted,
(ii) for the purposes of paying aid to makers of wine fortified for
distillation under Article 69, the intervention agency 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 authorities in the Member State in
which they are established;
(b) buy from a producer as defined in paragraph 1(a) wine or the by-
products of wine-making or of any other form of processing of
grapes with a view to having them distilled on their own accountby an approved distiller, and
(c) pay the producer not less for the products purchased than the
minimum buying-in price for the distilled product in question.
Persons or groups deemed to be distillers shall be subject to the same
obligations and enjoy the same rights as distillers.
3. Member States may stipulate, in accordance with rules which
they determine, that for the purposes of concluding contracts and 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
this Title in agreement with the wine-growers' cooperatives concernedduring a specified wine year, it shall inform the intervention agency
thereof in writing. In such cases:
(a) member cooperatives may not individually sign distillation
contracts or make deliveries for the distillation concerned,
(b) the quantities of wine delivered for distillation by the said associa-
tion shall be booked to the member cooperatives on whose behalf
the delivery is made.
For the purposes of Article 2 of this Regulation, should one or more
member cooperatives fail to comply with the obligations laid downtherein, irrespective of the consequences for the latter, the associationshall be excluded from deliveries for the distillation concerned, uptothe limit of the quantities of wine delivered on behalf of the wine-growers' cooperatives which committed the infringement.
Member States availing themselves of the option provided for in this
paragraph shall inform the Commission thereof and shall notify it ofthe provisions they have adopted for this purpose. The Commissionshall inform the other Member States.
Article 42
Approvalofdistillers
1. The competent authorities of the Member States shall approve the
distillers established in their territory who intend to perform distillationoperations under this Title and shall draw up a list of the approved2000R1623 — EN — 11.10.2002 — 008.002 — 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 this Title.
The competent authorities shall be responsible for updating the said
list, and the Member States shall forward any subsequent amendments
to it to the Commission. The Commission shall publish that list and
any amendments to it.
2. The competent authority may withdraw approval, either tempora-
rily or permanently, from distillers failing to meet their obligations
under the Community rules.
Article 43
Alcoholobtainedbydistillation
Only the following products may be obtained by distillation under this
Title:
(a) neutral alcohol complying with the definition in Annex III to this
Regulation, or
(b) spirits distilled from wine or from grape marc, complying with the
definitions in Article 1(4)(d) or (f) of Council Regulation (EEC)No 1576/89 of 29 May 1989 laying down general rules on 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 this Regulation sets out the Community methods for the
analysis of neutral alcohol as defined in Annex IV hereto.
CHAPTER I
COMPULSORYDISTILLATION
Section I: Distillation of by-products of wine-making
Article 45
Obligationtodeliver by-productsfordistillation
1. Producers required to distil under Article 27 of Regulation (EC)
No 1493/1999 shall discharge their obligations by delivering for distil-lation, not later than 15 July of the wine year concerned:
(a) all of their marc and wine lees to an approved distiller, and
(b) where applicable, any wine to an approved distiller or approved
maker of wine fortified for distillation.2000R1623 — EN — 11.10.2002 — 008.002 — 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 zones C and the Portuguese wine-
growing zone, persons subject to the obligation referred to in paragraph1 may be released from that obligation by making use of the 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 hectolitres of wine.
Article 46
Requirementsforby-productsdelivered fordistillation
1. Notwithstanding Article 27(4) of Regulation (EC) No 1493/1999,
the amount of alcohol contained in products delivered for distillation
by producers delivering marc for the manufacture of oenocyanin shallbe 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 zones shall be:
(a) 8.5 % for zone B,
(b) 9.0 % for zone C I,
(c) 9.5 % for zone C II,
(d) 10.0 % for zone C III,
3. To keepdistillation costs within accep table limits, the minimum
average requirements that wine-making by-products must meet ondelivery to the distillery shall be the following:
(a) grape marc:
(i) in wine-growing zone B: two litres of pure alcohol/100 kilo-
grams,
(ii) in wine-growing zone C: two litres of pure alcohol/100 kilo-
grams where it is obtained from varieties listed in theclassification of vine varieties for the administrative unitconcerned as varieties other than wine-grape varieties; 2.8 litres
of pure alcohol/100 kilograms where it is obtained from 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 litres of pure alcohol/100 kilo-
grams, 45 % moisture content,
(ii) in wine-growing zone C: four litres of 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 — 11.10.2002 — 008.002 — 32
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▼B
In the case of experiments, the Member State may not exceed
100 tonnes of marc and 100 tonnes of wine lees per experiment.
Article 47
Buying-inprice
1. The buying-in price referred to in Article 27(9) of Regulation
(EC) No 1493/1999 shall apply to bulk merchandise ex distiller's
premises.
2. Distillers shall pay the buying-in price as referred to in paragraph
1 to producers within three months of the day on which the quantityconcerned is delivered to the distillery.
However, unless the producer objects, distillers may:
(a) pay the producer on account 80 % of the buying-in price, no more
than three months after delivery of the products, or
(b) make the payment on account referred in (a) following delivery of
the products and no later that one month after presentation of theinvoice to be drawn upfor 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,as follows:
(a) neutral alcohol:
(i) flat-rate aid EUR 0.6279
(ii) aid for marc EUR 0.8453
(iii) (aid for wine and wine lees EUR 0.4106
(b) Spirits distilled from grape marc EUR 0.3985
and a distillate or raw alcohol with an alcoholic strength of at least
52 % by volume
(c) Wine spirits EUR 0.2777
(d) Raw alcohol from wine and wine lees EUR 0.2777
Where the distiller provides evidence that the distillate or raw alcohol
obtained by distillation of marc was used otherwise than as 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 lees as referred to in paragraph 1(a):
(a) may be decided on by the Member States where application of the
flat-rate aid referred to at (i) makes it or could make it impossibleto have one or more of the by-products of wine-making distilled incertain regions of the Community,
(b) must be paid to distillers where one of these raw materials accounts
for more than 60 % of the total quantities they have distilled duringa given wine year.
3. No aid shall be due for quantities of wine delivered for distilla-
tion exceeding the producer's obligation as provided for inArticle 45(1) of this Regulation by more than 2 %.2000R1623 — EN — 11.10.2002 — 008.002 — 33
▼B
Article 49
Exceptionstotheobligationtodeliver fordistillation
1. The obligations laid down in Article 27 of Regulation (EC)
No 1493/1999 shall not apply to:
(a) producers who withdraw by-products of wine-making under super-
vision under Article 50(1) of this Regulation,
(b) producers of quality sparkling wines of the aromatic type and
quality sparkling wines and semi-sparkling wines of the 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, producers shall be required to deliver only by-products of wine-making for distillation under Article 27(3) of that Regulation.
Article 50
Withdrawals
1. Only the following producers may avail themselves of the option
referred to in Article 27(8) of Regulation (EC) No 1493/1999:
(a) those established in production areas where distillation is a dispro-
portionate constraint. A list of the production areas concerned shall
be drawn upby the comp etent authorities of the Member States,who shall inform the Commission thereof;
(b) those who have not made wine or processed grapes in any other
way on cooperative premises and who have disproportionate 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-products shall 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 lees have been denatured to make their
use in winemaking impossible and where the delivery of the denaturedlees to third parties has been entered in the registers referred to in thefirst subparagraph. The Member States shall take the measures neces-sary to ensure that such transactions are checked.
Member States whose wine production exceeds 25 000 hectolitres per
year shall check by sampling at least whether the average minimumalcoholic strength referred to in Article 51 has been complied withand whether all the by-products have been withdrawn within the time
limits set.
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 — 11.10.2002 — 008.002 — 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 varieties and varieties for other uses as referred 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 products intended for the production of table wine and wine
suitable for yielding table wine,
— must intended for the production of concentrated must and rectified
concentrated must for the purposes of enrichment,
— must intended for the production of liqueur wines with a 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 as both wine-grape varieties and varieties for 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 is over 5 million hl, this total quantity normallyproduced shall be reduced by 1,4 million hl for the 2001/02 and 2002/03 wine years.
2. In the regions referred to in paragraph 1, the quantity normally
produced per hectare shall be set by the Member States concerned bydetermining for the same reference period referred to in that 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, as regards wine obtained from grapes
of varieties classified in the same administrative unit as both wine-grape varieties and varieties for the production of spirits from wine
with a designation of origin, the Member States shall be authorised to
allow producers who have received premiums from the 1997/98 wineyear for the permanent abandonment of part of their vine-growing areasas provided for in Article 8 of Regulation (EC) No 1493/1999 to main-tain, for the five wine years following grubbing, the quantity normallyproduced at the level it stood at before grubbing.
Article 53
Determinationofthequantityofwinetobedistilled
1. All producers subject to the distillation obligation under Article
28 of Regulation (EC) No 1493/1999 shall have distilled the total quan-tity of their production intended for wine-making less their quantitynormally produced as defined in Article 52(2) and their quantity ofexports out of the Community during the wine year in question.2000R1623 — EN — 11.10.2002 — 008.002 — 35
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In addition, producers may deduct from the quantity to be distilled
resulting from that calculation a maximum quantity of 10 hl.
2. Where the quantity normally produced is greater than 5 million hl,
the total quantity of wine to be distilled under Article 28 of Regulation(EC) No 1493/1999 shall be determined by the Member State for eachregion concerned. It shall comprise the total quantity intended 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-cers in 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 exceeds the
total quantity normally produced in the region concerned,
— for each wine year a difference of 200000 hectolitres shall 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 producers the 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 varieties and varieties for the production of spiritsdistilled from wine, in accordance with Article 28(3) of Regulation(EC) No 1493/1999, the Member States may 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
is EUR 1,34/% vol/hl.
Article 56
Aidtobepaidtodistillers
The aid provided for in Article 28(5)(a) of Regulation (EC) No 1493/
1999 shall be fixed, in terms of alcoholic strength by volume 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 — 11.10.2002 — 008.002 — 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 is granted under Article 28(1) of Regulation (EC)
No 1493/1999, wine covered by that Article may be moved to:
(a) a customs office for completion of customs export formalities
followed by departure from the customs territory of the 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
Producers subject to one of the obligations referred to in Articles 45
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 quantities referred 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 this Regulation,
(b) no aid shall be paid for products of distillation not delivered to
intervention agencies,
(c) the obligation shall be deemed to have been discharged by the date
fixed in accordance with the first subparagraph,
(d) the time limits for distillation, submission of proof of payment of
the price referred to at (a) and delivery of the alcohol to the 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, as well as the dates of delivery.
However, where producers deliver the products which they are to have
distilled to a distillery located in a Member State other than that 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 products to be distilled.2000R1623 — EN — 11.10.2002 — 008.002 — 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 products obtained by distillation, broken down
by category as indicated in Article 43 of this Regulation,
(ii) the date on which these products were obtained;
(c) proof that they have paid the producer the minimum buying-in
price laid down for the distillation operation concerned within thetime allowed.
However, Member States may provide for simplified arrangements for
presenting evidence of the payment of the minimum buying-in price fordistillation of the by-products of wine-making after obtaining theagreement of the Commission to such arrangements.
2. Where producers carry out the distillation themselves, the docu-
ments referred to in paragraph 1 shall be replaced by a declaration,stamped by the competent authority of the Member State, stating atleast:
(a) the type, quantity, colour and alcoholic strength by volume of the
product to be distilled,
(b) the quantity of products obtained from distillation, broken down by
category as indicated in Article 43 of this Regulation,
(c) the dates on which these products were obtained.
3. Proof that the minimum price has been paid may be replaced by
proof that a security has been lodged in favour of the 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 this Regulation, proof that the buying-in price has been paid shall bereplaced by proof that the payment on account has been made.
5. The intervention agency shall pay the aid to the distiller or, in
cases as referred to in paragraph 2, the producer no more than threemonths after submission of the application together with the requisitedocuments.
6. If it is found that the distiller has not paid the buying-in price to
the producer, the intervention agency shall pay the producer an 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 — 11.10.2002 — 008.002 — 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 products obtained during the previous month, the latter beingbroken down by category as indicated in Article 43 of this Regulation.
3. Distillation may not take place after 31 July of the wine year
concerned.
Article 62
Delivery ofalcoholtotheinterventionagency
1. Without prejudice to the application of Articles 27(12) and 28(6)
of Regulation (EC) No 1493/1999, distillers may deliver products withan alcoholic strength of at least 92 % vol. to the intervention agencyuntil 30 November following the wine year concerned at the latest.
The operations necessary to obtain the product referred to in the first
subparagraph may be carried out either at the premises of the 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 keepthe delivered alcohol on their p remises; 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 prices shall be reduced by EUR 0.5/% vol./hl of alcohol.
3. Differentiated prices for marc alcohol, wine alcohol and alcohol
distilled from wine lees as referred to in paragraph 2(a):
(a) may be decided on by the Member States where application of the
standard price makes it or could make it impossible to have one or
more of the by-products of wine-making distilled in certain regions
of the Community,
(b) must be paid to distillers where one of these raw materials accounts
for more than 60 % of the total quantities they have distilled during
a given wine year.
4. In the case of distillers who have received aid under Articles 48
and 56 of this Regulation, the prices referred to in paragraph 2 shall bereduced by an amount equal to the aid.
5. The intervention agency shall pay distillers no more than three
months after the day on which the alcohol is delivered, provided thedocuments and evidence referred to in Article 60 have been presented.2000R1623 — EN — 11.10.2002 — 008.002 — 39
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CHAPTER II
OPTIONALDISTILLATION
Article 63
Purpose
This chapter lays down the detailed rules for 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, has produced
table wine or wine suitable for yielding table wine may conclude one
or more contracts or make one or more declarations as referred to in
Article 65 of this regulation. The contracts or declarations shall beaccompanied by evidence of the lodging of a security of EUR 5 perhectolitre. Such contracts or declarations may not be transferred.
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 quantities covered by contracts or declarations notified 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 quantities covered by the contracts or 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 has been set.
However, for the wine year 2002/03 the above dates shall be 1
February and 20 February.
The Member States shall notify the Commission of the total volume
under approved contracts by 20 March of the current wine year at thelatest.2000R1623 — EN — 11.10.2002 — 008.002 — 40
(1) OJ L 176, 29.6.2001, p. 14.
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Contracts or declarations submitted to the competent authorities in 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
contracts or declarations before 25 January for a quantity not exceeding
30 % of the quantity given in the contracts or 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 quantities supplied 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 this Regulation, to producers for wine distilled 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.Applications may concern only alcohol which has already 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 this Regulation 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
contracts during 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 years preceding it.2000R1623 — EN — 11.10.2002 — 008.002 — 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
months after the date on which the aid application was submitted.
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 producers intending to deliver wine of their own production
for distillation under Articles 29 and 30 of Regulation (EC) No 1493/1999 shall conclude one or more delivery contracts, hereinafter 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 producers have actually produced and hold thequantity of wine to be delivered. Such evidence may not be required
in the Member States where the authorities already hold relevant such
proof under other arrangements.
Producers subject to the obligations laid down in Articles 27 and 28 of
Regulation (EC) No 1493/1999 shall also provide distillers with proofthat they have fulfilled those obligations during the period set inArticle 2(2) of this Regulation.
2. Contracts shall include at least the following information about
the wine they cover:
(a) the quantity, which may not be less than 10 hectolitres,
(b) the various characteristics, and in particular colour.
Producers may not deliver the wine for distillation unless their contract
has been approved by the competent intervention agency. The compe-
tent authority may limit the number of contracts that a producer can
conclude.
Where distillation is carried out in a Member State other than that in
which the contract is approved, the intervention agency whichapproved the contract shall forward a copy thereof to the interventionagency of the Member State of distillation.2000R1623 — EN — 11.10.2002 — 008.002 — 42
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3. Producers as referred to in paragraph 1 of this article 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.
Producers in wine-growing zone A or in the German part of wine-
growing zone B or in areas planted with vines in Austria as referredto 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 as the ‘declaration’, to the competent authority for approvalbefore a date to be specified.
Producers subject to the obligations referred to in Articles 27 and 28 of
Regulation (EC) No 1493/1999 shall also provide the competent 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 bythis Article.
No aid shall be due:
(a) if the quantity of wine actually delivered for distillation is less than
95 % of that stated in the contract or declaration;
(b) for any quantity of wine in excess of 105 % of that stated in the
contract or declaration;
(c) for any quantity of wine over and above the maximum quantity to
be complied with for the distillation operation in question.
6. Distillers shall pay producers the prices fixed per % vol. of
alcohol and per hectolitre under Article 29 or 30 of Regulation (EC)No 1493/1999 for the wine delivered to them, such prices applying tobulk merchandise ex producer's premises.
7. Distillers shall pay producers the minimum purchase price
referred to in paragraph 6 within three months of delivery of the
wine, provided the producers have supplied the competent authority
with the proof referred to in the third subparagraph of paragraph 1 ofthis Article within two months of delivery. If the said proof is providedmore 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) details of the quantity, colour and actual alcoholic strength by
volume of the wine in each delivery from each producer fromwhom they have received deliveries of 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 has been distilled within the time allowed;2000R1623 — EN — 11.10.2002 — 008.002 — 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
products obtained during the previous month, the latter being brokendown by category as indicated in Article 43 of this Regulation.
9. If distillation is carried out by producers themselves in their 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 contracts and shall check in particular:
(a) that the producer has actually produced and holds the quantity of
wine to be delivered,
(b) that the wine entered in the contract belongs to the category for
which distillation has been opened.
The check may be made at any time from date of presentation of the
contract up to the date it is approved and the wine enters the distillery.Member States with more effective arrangements for checking point (a)in the first subparagraph of this paragraph need carry out checks only
as products enter the distillery.
Where the actual alcoholic strength by volume is indicated in the
contract, a discrepancy of 1 % vol shall be permitted between thestrength indicated and that determined when the check is carried out.
Article 65a
Requirements for alcohol obtained by the distillation of certain
wines
Only a product with an alcoholic strength of 92 % vol or more may be
obtained by the direct distillation of wines obtained from grapes ofvarieties classified for the same administrative unit as both wine-grapevarieties and varieties intended for the production of wine spirits.
Article 66
Advancepayments
1. Distillers or, in the case referred to in Article 65(3) of this 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 this Regulation. The intervention agency shall payadvances no more than three months after presentation of proof that
the security has been lodged, provided the contract has been approved.
2. The security shall be released by the intervention agency once the
proof referred to in Article 65(8) is presented within the time allowed.
Article 67
EAGGF contributiontothecostofdistillationoperations
1. The EAGGF Guarantee Section shall finance part of the expendi-
ture incurred by intervention agencies in taking alcohol over.2000R1623 — EN — 11.10.2002 — 008.002 — 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 this Regulation and pursuant 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. Articles 4 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 this purpose:
(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 is fortified.
3. Wine shall be fortified for distillation during the period laid down
for the distillation operation in question.
4. Member States may restrict the number of locations at which
wine may be fortified for distillation, should this be necessary to ensure
that the most effective method of supervision can be used.
Article 69
Preparationoffortifiedwine
1. In cases where the option referred to in Article 68(1) is exercised
and where the wine is not fortified by or on behalf of a distiller, produ-cers shall 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. Contracts and declarations as referred to in paragraph 1 shall be
covered by rules adopted by the Member States.
3. Makers of fortified wine shall pay producers at least the minimum
buying-in price fixed for distillations as provided for in Articles 27 to2000R1623 — EN — 11.10.2002 — 008.002 — 45
(1) OJ L 160, 26.6.1999, p. 103.▼M12
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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
this Title.
The aid to be paid to makers of fortified wine shall be fixed per % vol.
of actual alcoholic strength and per hectolitre of wine as follows:
— EUR 0.2657 for distillation as provided for in Article 27 of 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 is varied as provided for in Article 55(2),
the aid referred to in the second indent of the previous subparagraph
shall be varied in the same manner.
The competent intervention agency shall pay the aid to makers of 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 therequirements for payment of the aid have already been met.
Where makers fortify wine in connection with various distillation
operations governed by different provisions of Regulation (EC)No 1493/1999, they may lodge a single security. In such cases, 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 has been distilled within the
time allowed, and
(b) of proof that the minimum purchase price referred to in Articles 27,
28, 29 and 30 of Regulation (EC) No 1493/1999 has been paidwithin the time allowed.
In cases covered by the second subparagraph of paragraph 1, the
producer shall be required to supply the intervention agency only withthe proof referred to in (a) above.
Article 70
DistillationinanotherMember State
1. Notwithstanding Article 69(4) of this Regulation, where fortified
wine is distilled in a Member State other than that in which thecontract or declaration was approved, 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 has taken place.
2. Applications as referred to in paragraph 1 shall be accompanied
by the following:
(a) a document, endorsed by the competent authorities of the Member
State in whose territory the wine was fortified, transferring 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 — 11.10.2002 — 008.002 — 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 has been distilled.
3. In cases covered by paragraph 1, makers of fortified wine shall
not be required to lodge the security provided for in Article 69(4).
4. The intervention agency shall pay the aid not later than three
months after the application and the documents listed in paragraph 2have been submitted.
Article 71
Specialrules
1. In cases covered by Article 69(1) of this Regulation, the contract
or declaration of delivery for fortification for distillation shall 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 days of 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 has been
approved.
3. No later than the 10th of each month, makers of fortified wine for
distillation shall send the intervention agency a statement of the quan-tities of wine delivered to them during the previous month.
4. To qualify for the aid, makers of fortified wine shall submit an
application to the competent intervention agency, not later than
30 November following the end of the wine year concerned, 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 has been lodged. It may not be paid until the contract or
declaration has been approved.
5. Subject to Article 69(4) of this Regulation, the security shall be
released only if the documents referred to in that Article have beensupplied to the competent intervention agency within 12 months ofsubmission of the application.
6. If it is found that a maker of fortified wine has not paid the
purchase price to the producer, the intervention agency shall pay theproducer an amount equal to the aid, before 1 June of the wine yearfollowing that in which the wine was delivered, where appropriatethrough the intervention agency of the producer's Member State.
Section III: Administrative provisions
Article 72
Force majeure
1. Where for reasons of 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 — 11.10.2002 — 008.002 — 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 has been informed, it shall 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's winery and the distillery arelocated in two different Member States, the intervention agencies of
the two Member States concerned shall 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, as soon as the intervention agency has been informed, it may
also authorise distillers, provided the producer agrees in the case of a
jobbing distiller, to transfer their rights and obligations to anotherdistiller for the quantity of products not yet distilled.
Article 73
Supervisionofdistillationoperations
1. The characteristics of products delivered for distillation, in 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 products are transported,
(b) an analysis of samples collected under the supervision of an official
body of the Member State in which the distillery is located whenthe product enters the distillery. Sampling may take the form ofrepresentative spot checks,
(c) where appropriate, the contracts concluded under this Title.
The analyses shall be performed by approved laboratories as referred to
in Article 72 of Regulation (EC) No 1493/1999, which shall forwardthe results to the intervention agency of the Member State where distil-lation takes place.
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 products obtained.
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 is present.
In cases where products covered by this Regulation are delivered for
distillation by more than one producer, Member States may provide
that such products are to be transported in bulk. In such cases, checkson the characteristics of the products as referred to in Article 65 shallbe carried out in accordance with the detailed rules adopted by theMember State concerned.
4. Member States availing themselves of the option provided for in
paragraph 3 shall inform the Commission thereof and shall notify it ofthe provisions they have adopted for this purpose. In the cases referredto in the first subparagraph of that paragraph, the Commission shallinform the other Member States.2000R1623 — EN — 11.10.2002 — 008.002 — 48
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Article 74
InfringementsofthisTitle
1. Should verification of a file reveal that a producer does not meet
the requirements laid down by the Community rules for the distillationoperation in question, for all or part of the products delivered, the
competent intervention agency shall inform the distiller and producer
concerned accordingly.
2. The distiller concerned shall not be required to pay the price
referred to, respectively, in Articles 27, 28, 29 and 30 of Regulation(EC) No 1493/1999 for the quantities of products referred to in para-graph 1.
3. Without prejudice to Article 2 of this Regulation, should a
producer or distiller fail to meet the requirements laid down by the
Community rules for the distillation operation in question, for all or
part of the products delivered for distillation:
(a) no aid shall be due for the quantities concerned,
(b) the distiller may not deliver the products obtained by distilling the
quantities concerned to the intervention agency.
If the aid has already been paid, the intervention agency shall recover it
from the distiller.
If the products obtained by distillation have already been delivered, the
intervention agency shall recover an amount equal to the aid specified
for the operation concerned from the distiller.
However, where the various time limits laid down by this Regulation
have not been met, it may be decided to reduce the aid.
4. The intervention agency shall recover from the producer an
amount equal to 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 obligations laid down in Article 37 of Regula-
tion (EC) No 1493/1999 where the infringement is detected 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 therules laid 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 — 11.10.2002 — 008.002 — 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 producers fail to fulfil their obligations under this Title or
refuse to submit to checks, no aid shall be payable;
(b) where distillers fail to fulfil one of their obligations other than
those referred to in (a) above, the aid shall be reduced by 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
Articles 47(2), 55 and 65(7), the aid shall be reduced by 1 % per
day of delay for one month. After one month, no aid shall be paid;
(b) in the case of:
(i) presentation of proof that the minimum purchase price has
been paid under Articles 60(1) and 65(8),
(ii) submission of the aid application and the proof of payment
under Articles 60(1) and the second subparagraph 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
has been invoked.
Section IV: Reduction of the buying-in price for wine provided for in
Article 32 of Regulation (EC) No 1493/1999
Article 76
Reductionofthebuying-inpriceforcertain enrichedwines
1. The buying-in price for wine delivered for distillation under Arti-
cles 29 and 30 of Regulation (EC) No 1493/1999 shall 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 producers located in regions where 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 — 11.10.2002 — 008.002 — 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 zones in Annex V(G)(7) to Regulation (EC) No 1493/1999 and delivered by producers who 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 categories of wine for which the Member States do 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 producers who apply to the competent authority
before 1 August, either directly or through a distiller, and who have
neither increased the alcoholic strength of their table wine 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 authorities of the Member States may require such
producers to supply any evidence needed to demonstrate the validity
of their application.
Article 77
Reductionoftheaidreferred toinArticle 81
Where wine is delivered for distillation as referred to in Article 76 of
this Regulation and where the reduction has been applied to such wine,
(a) the aid to be paid to the distiller,
(b) the price to be paid to the distiller for delivery to the intervention
agency under Article 30 of Regulation (EC) No 1493/1999 and
(c) the EAGGF contribution to expenditure incurred by the 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 — 11.10.2002 — 008.002 — 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 rules laid down in this Regulation.
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 authorisationwas granted during the previous two years to use alcohol from third
countries to manufacture under inward processing arrangements the
same goods as those exported.
Article 80
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 400000 hectolitres of alcohol at 100 % vol. per year.
Article 81
Notice ofinvitationtotender
Notices issuing invitations to tender shall be published in the Official
Journal of the European Communities .
Such notices shall specify:
(a) the special rules applicable to the tendering procedure and the
names and addresses of the intervention agencies concerned,
(b) the quantity of alcohol, expressed in hectolitres of alcohol at
100 % vol., covered by the tendering procedure,
(c) one or more vats constituting a lot in a given Member State,
(d) the minimum price which may be offered, differentiated where
appropriate according to the end uses,
(e) the amount of the tendering security required under Article 82(5)
and the performance guarantee required under Article 84(3)(b).
Article 82
Rulesapplicabletotenders
1. Apart from the information specified in Article 97 of this Regula-
tion, tenders shall indicate:
(a) the quantity of alcohol to which they relate, broken down by vat
and expressed in hectolitres of alcohol at 100 % vol.,2000R1623 — EN — 11.10.2002 — 008.002 — 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 goods to be exported if the alcohol is intended for
export to third countries in the form of manufactured goods.
2. Tenders may indicate that they are to be considered only if the
quantity to be awarded corresponds to the full quantity indicated in
the tender.
3. Tenderers may submit only one tender for each type of alcohol,
end use and tendering procedure. If a tenderer submits more than one
tender per type of alcohol, end use or tendering procedure, none ofthose tenders shall be admissible.
4. Tenders must reach the intervention agency of the Member State
concerned not later than 12 noon Brussels time on the closing date 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 days after the closing date for
submission of tenders, the intervention agency concerned shall commu-nicate to the Commission a list of the names of the tenderers whose
tenders are eligible for consideration under Article 97 of this Regula-
tion, the prices offered, the quantities requested, the locations and 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 tenders submitted and, where appropriate, depending
on the type of end use for which the alcohol is intended.
2. The Commission shall draw upa list of the tenders accep ted,
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 theirtenders be accepted for a replacement quantity of alcohol of the same
type. In such cases, the relevant tenders shall be deemed to have been
accepted provided that the tenderers in question do not express theirobjection to such transfer in writing to the intervention agencyconcerned within 10 working days from 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 is stored, in agreement with theintervention agency concerned.
4. Should several tenders propose the same price so that the quantity
of alcohol tendered for exceeds the quantity covered by the tenderingprocedure, the intervention agency concerned shall award the quantity
in question:
(a) either in proportion to the quantities specified in the tenders
concerned,2000R1623 — EN — 11.10.2002 — 008.002 — 53
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(b) or by dividing that quantity among the tenderers by agreement with
them,
(c) or by drawing lots.
5. The Commission shall:
(a) notify the decisions taken under this Article only to those Member
States and intervention agencies holding alcohol for which 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 does not object, the intervention agency concerned shallissue 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 weeks following the date of receipt of the notification
of award referred to in paragraph 1 of this Article and, where the
second subparagraph of paragraph 2 is applied, within the two weeks
following the date of issue of the statement of award, each 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. Ownershipof 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 — 11.10.2002 — 008.002 — 54
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Subsection II: Disposal of alcohol for use in third countries in the
fuel sector only
Article 86
Rulesapplicabletotenderingprocedurescoveredbythissubsection
The Commission, acting in accordance with the procedure laid down in
Article 75 of Regulation (EC) No 1493/1999, shall issue several invita-
tions to tender every quarter, each relating to at least 50 000 hectolitres
of wine alcohol and, taken together, relating to not more than 600000hectolitres of alcohol at 100 % vol each quarter, for export to certainthird countries for end use in the motor-fuel sector only.
The alcohol concerned must:
1) be imported into and dehydrated in one of the following third coun-
tries:
(a) Costa Rica
(b) Guatemala
(c) Honduras, including the Swan Islands
(d) El Salvador
(e) Nicaragua
(f) Saint Kitts and Nevis
(g) Bahamas
(h) Dominican Republic
(i) Antigua and Barbuda
(j) Dominica
(k) British Virgin Islands and Montserrat
(l) Jamaica
(m) Saint Lucia
(n) Saint Vincent, including the North Grenadines
(o) Barbados
(p) Trinidad and Tobago(q) Belize
(r) Grenada, including the South Grenadines
(s) Aruba
(t) Netherlands Antilles (Curaçao, Bonaire, Saint Eustatius, Saba
and the southern part of Saint Martin)
(u) Guyana(v) United States Virgin Islands
(w) Haiti
2) be used exclusively in the fuel sector in a third country.
Article 87
Notice ofinvitationtotender
1. Notices issuing invitations to tender shall be published in the 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,2000R1623 — EN — 11.10.2002 — 008.002 — 55
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(e) the time limit for removal of the alcohol stipulated in Article 91(10)
of this Regulation,
(f) the formalities for obtaining samples,
(g) the payment terms,
(h) whether the alcohol is to be denatured.
2. Each notice of invitation to tender shall relate to a single lot,
although the alcohol constituting the lot may be located in severalMember States.
3. Notices of invitation to tender may rule out some of the destina-
tions listed 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 thanone, none of those tenders shall be admissible.
2. To be eligible for consideration, tenders must indicate the final
destination of the alcohol awarded and contain an undertaking by the
tenderer to comply with that destination.
3. Tenders must also include proof, dated after the notice of invita-
tion to tender, that the tenderer has binding commitments to an
operator in the fuel sector in one of the third countries listed inArticle 86 of this Regulation who undertakes to 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. Tenders shall be valid only if proof has been provided, before the
closing date for the submission of tenders, that a tendering security has
been lodged with each intervention agency concerned.
The tendering security, amounting to EUR 4 per hectolitre of alcohol at
100 % vol., shall be lodged for the entire quantity put up for sale.
6. For the purposes of paragraph 5, the intervention agencies
concerned:
(a) shall immediately issue tenderers with a statement certifying that
the tendering security has been lodged for the quantities for which
each intervention agency is responsible,
(b) shall forward a list of the tendering securities checked and accepted
to the Commission not more than two working days after theclosing date for submission of tenders.
7. For the purposes of the tendering security, the primary require-
ments within the meaning of Article 20 of Commission Regulation(EEC) No 2220/85 shall be that tenders not be withdrawn after theclosing date for their submission and that a security to ensure export
and/or a performance guarantee be lodged.
Article 89
Awardofcontracts
1. The Commission, acting in accordance with the procedure laid
down in Article 75 of Regulation (EC) No 1493/1999, shall decide asquickly as possible whether or not to award contracts in the light of thetenders submitted.
2. Should a contract be awarded, the Commission shall accept the
most favourable tender. If two or more tenders quote the same price,the Commission shall make the award by drawing lots.2000R1623 — EN — 11.10.2002 — 008.002 — 56
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3. The Commission shall:
(a) inform tenderers in writing against a receipt if their tenders have
not been accepted,
(b) notify the Member States holding the alcohol and the successful
tenderer of its decision to award the alcohol,
(c) publish the results of the tendering procedure in a simplified form
in theOfficial Journal of the European Communities .
4. The tendering securities required under Article 88(5) of this
Regulation shall be released where tenders are not accepted and once
the successful tenderer has lodged in full both the export security and
the performance guarantee for the tendering procedure concerned.
Article 90
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 is removed and no later than the day on which
the removal order is issued, successful tenderers shall lodge two secu-rities with the intervention agency: one to ensure that the alcohol isexported 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.
4. The export security shall amount to EUR 3 per hectolitre of
alcohol at 100 % vol. and shall be lodged for each quantity of alcohol
covered by a removal order.
5. Before the awarded alcohol is removed, the intervention agency
and the successful tenderer shall take a reference sample and analyse
it to verify the alcoholic strength of the alcohol, expressed in % vol.
If the final result of the analyses of this sample reveals a discrepancy
between the alcoholic strength by volume of the alcohol to be removedand the minimum alcoholic strength by volume of the alcohol specified
in the notice of invitation to tender, the following rules shall apply:
(a) the intervention agency shall inform the Commission, the storer
and the successful tenderer thereof on the same day;
(b) the successful tenderer may:
(i) either agree to take over the lot with the characteristics 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 this Regulation.
Once this requirement has been met, successful tenderers who refuse to
take over the lot concerned shall be immediately released from all obli-
gations relating to that lot.
6. Where a successful tenderer refuses the merchandise, in accor-
dance with paragraph 5, the intervention agency concerned shall2000R1623 — EN — 11.10.2002 — 008.002 — 57
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supply 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 quantityto be removed has been paid for. That quantity shall be determined tothe nearest hectolitre of alcohol at 100 % vol.
Each removal order shall cover a quantity of at least 2 500 hectolitres,
except in the case of the last removal in each Member State.
The removal order shall state the date by which the alcohol must be
physically removed from the storehouse of the intervention agencyconcerned. That date may be no more than five days later.
8. Ownershipof the alcohol covered by a removal order shall be
transferred on the date indicated in the order, which may be no more
than five days later, and the corresponding quantities shall be deemed
to have been removed on that date. From then on, the purchaser 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 on
which the successful tenderer agreed to remove the lot, the MemberState shall be required to bear any losses sustained.
10. All the alcohol must have been physically removed from the
storehouses of each intervention agency concerned within six months.
11. The alcohol must be fully used within two years from the date
of first removal.
12. The intervention agency concerned shall release the export
security for each quantity of alcohol for which it receives proof of
export 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 is exceeded 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 % has been deducted for
each day by which the time limit for export has been exceeded.
13. The performance guarantee shall be released in accordance with
Article 100(3)(b) of this Regulation.
Subsection III: Disposal for use as bio-ethanol in the Community
Article 92
Rulesapplicabletodisposalcoveredbythissubsection
1. Within three months of the decision referred to in Article 89 of
this Regulation, the Commission, acting in accordance with the proce-dure laid down in Article 75 of Regulation (EC) No 1493/1999, maystart 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
firms they deem eligible, and which have presented an application
with the following supporting documents:
— a declaration by the firm stating that it is capable of using at least
50000 hl of alcohol a year,2000R1623 — EN — 11.10.2002 — 008.002 — 58
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— the location of the firm's administrative offices and the plant where
the alcohol is processed,
— a copy of the plans of the plant for producing bio-ethanol for the
fuel sector, and an indication of production capacity and type,
— a copy of the authorisation from the national authorities to operate
the plant,
— certificates from the national authorities attesting that the plant uses
only alcohol as bio-ethanol, and that the bio-ethanol is used only inthe fuel sector,
— the location of the administrative offices of the refining companies
authorised to distribute fuel upto the consump tion stage, unless theapproved firm deals with distribution itself.
The Commission shall assess the eligibility of the firm on the basis of
the documents and shall inform the applicant firms of the outcome ofthis assessment.
Article 93
Public sale
1. Notices of public sale of alcohol shall be published in the Official
Journal of the European Communities .
Such notices shall specify:
(a) the volume of alcohol offered for sale,
(b) the vats and their location,
(c) the sale price,
(d) the amount of the performance guarantee; however, firms may
choose to lodge a standing guarantee instead of a guarantee 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 theCommission decides otherwise in accordance with the procedure laid
down in Article 75 of Regulation (EC) No 1493/1999, a lot shall be
made for each firm on the approved list and each firm on the list shallbe allocated a lot. Should a firm not accept the alcohol offered for sale,it must notify the Commission and the intervention agency thereof nomore than 30 days after the date of publication of the notice of publicsale of alcohol. Alcohol which has not been accepted shall be released
from the prohibition on physical movement under Article 95(2) of this
Regulation from the date on which the refusal was notified and may 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, plus an 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 firms concerned 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. All the alcohol must be removed no more than six months after
the date of notification of the Commission's decision to award the sale.2000R1623 — EN — 11.10.2002 — 008.002 — 59
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Article 94
Removalofthealcohol
Article 91(1), (7), (8) and (11) of this Regulation shall apply to public
sales.
Subsection IV: General provisions and control arrangements
Article 95
Rulesapplicabletoalcohol
1. With a view to drawing upnotices of invitation to tender and
public sale, the Commission shall request each Member State
concerned to inform it of:
(a) the quantity of alcohol, expressed in hectolitres of alcohol at
100 % vol., that may be offered for sale,
(b) the type of alcohol concerned,
(c) the quality of the lots of alcohol, laying down maximum and
minimum values for the characteristics referred to in
Article 96(4)(d)(i) and (ii) of this Regulation.
No more than 12 days after receiving this request, the Member States
concerned shall inform the Commission of the exact location and refer-ences of the various vats of alcohol meeting the quality requirementsand containing a total quantity of alcohol not less than that referred toin (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 thevats concerned may not be moved until a removal order covering it hasbeen issued.
This prohibition shall not relate to alcohol in vats not covered by the
notices of invitation to tender or public sale concerned or not specifiedin the Commission decision referred to in Articles 83 to 93.
For logistical reasons in particular, the intervention agencies holding
the vats of alcohol specified in the notification from the Member States
referred to in paragraph 1 may replace the alcohol concerned withother alcohol of the same type or mix it with other alcohol deliveredto the intervention agency until a removal order is issued for thealcohol concerned. The intervention agencies of the Member Statesshall notify the Commission that the alcohol has been replaced.
3. Each month the Member States holding alcohol covered by a
tendering procedure or a public sale shall inform the Commission ofthe progress made with the physical removal of the alcohol concerned.
Article 96
Rulesapplicabletolots
1. The alcohol shall be sold in lots.2. A lot shall consist of a quantity of alcohol of sufficiently uniform
quality, which may be contained in several vats and kept at severallocations and in several Member States.
3. Each lot shall be numbered. The letters ‘EC’ shall precede the
numbers of the lots.
4. Each lot shall be described. At least the following information
shall be given:
(a) the location of the lot, including a reference identifying each vat
containing the alcohol, and the quantity of alcohol in each vat;
(b) the total quantity, expressed in hectolitres of alcohol at 100 % vol.
The quantity may vary upto 1 %;2000R1623 — EN — 11.10.2002 — 008.002 — 60
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(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 concerns more than two lots, only
the first lot or the first two lots, of one million hectolitres of alcoholat 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 information
referred to in subsections I or II:
(a) the reference number of the notice of invitation to tender,
(b) the name and address of the tenderer,
(c) the price proposed, expressed in euros per hectolitre of alcohol at
100 % vol.,
(d) an undertaking from tenderers to comply with all the rules applic-
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-
tics of the alcohol awarded to them,
(ii) they agree to submit to any checks made on the destination
and use of the alcohol,
(iii) they accept that it is their responsibility to provide evidence
that the alcohol is used as specified in the notice of invitationto tender.
2. Tenders shall be valid only if:
(a) the tenderer is established in the Community,
(b) they relate to the entire lot.
3. Tenders eligible for consideration may not be withdrawn.4. Tenders may be rejected if tenderers do not provide all the 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 saleagainst payment of EUR 10 per litre. The quantity made available toindividual interested parties may not exceed five litres per vat. For
disposal under subsection III, samples may be obtained for the same
consideration in the 30 days following the notice of public sale.
2. After the closing date for the submission of tenders or after 30
days following the notice of public sale:
(a) tenderers or approved firms as referred to in Article 92 may obtain
samples of the alcohol awarded;
(b) tenderers offered replacement alcohol pursuant to Article 83(3)
may obtain samples of the replacement alcohol proposed.2000R1623 — EN — 11.10.2002 — 008.002 — 61
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Such samples, which may not exceed five litres per vat, may be
obtained from the intervention agency against payment of EUR 10 perlitre.
3. The intervention agency of the Member State in whose territory
the alcohol is held shall take the necessary steps to enable interested
parties to avail themselves of the right referred to in paragraph 2.
4. If a successful tenderer or approved firm finds, before the date set
in Article 92, Article 85, Article 91 or Article 94 of this Regulation for
removal of the lot of alcohol concerned, that a quantity of alcohol
awarded is unsuitable for the uses planned owing to hidden defectsthat 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 confirms the
tenderer's finding. The vat in which the replacement quantity is stored
shall be determined in agreement with the intervention agencyconcerned. Where tenderers do not object to the transfer by writing tothe intervention agency concerned within ten working days of the dateof notification of the Commission's decision indicating the replacement
quantity, they shall be deemed to have agreed to the substitution.
Article 99
Requirementsapplicabletodenaturingand/ormarking
1. If alcohol is to be denatured, the operation must take place under
the supervision of the Member States concerned between the timewhen the removal order is handed over and the time when the alcoholis physically removed. The cost of such denaturing shall be borne bythe successful tenderer.
2. Denaturing shall involve adding petrol, in the ratio of 1:100, to
the quantity of alcohol at 100 % vol.
3. Denaturing may be carried out in a vat provided for this purpose.
Article 100
Requirementsapplicabletosecurities
For the purposes of this Regulation:
1) (a) for the purposes of the tendering security, the primary require-
ments within the meaning of Article 20 of Regulation (EEC)No 2220/85 shall be that tenders not be withdrawn after theclosing date for their submission and that a performance guar-antee be lodged;
(b) for the purposes of the performance guarantee, the primary
requirements within the meaning of Article 20 of Regulation
(EEC) No 2220/85 shall be that the alcohol removed be actually
used for the purposes specified under the relevant 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 operations
required for the final use of the alcohol.
Each individual loss of alcohol shall be accepted only if it has
been checked at the final destination and, in the case of alcohol
for export, at the place where it left the customs territory of 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 arewithin the limits specified in point (b) below.
(b) Where alcohol losses during the operations referred to below
exceed the following limits, EUR 96 per hectolitre shall be2000R1623 — EN — 11.10.2002 — 008.002 — 62
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withheld from the performance guarantee, except in cases of
force majeure :
(i) 0.05 % of the quantities of alcohol stored per month in the
case of an alcohol loss due to evaporation,
(ii) 0.4 % of the quantities of alcohol removed from storage in
the case of an alcohol loss due to one or more land trans-port operations,
(iii) 1 % of the quantities of alcohol removed from storage in
the case of alcohol losses due to one or more land trans-port operations combined with one or more sea or inland
waterway transport operations,
(iv) 2 % of the quantities of alcohol removed from storage in
the case of alcohol losses due to land and sea transport
required in connection with a tendering procedure forexport of alcohol to one of the third countries listed inArticle 86 of this Regulation,
(v) 0.9 % of the quantities of alcohol rectified in the case of
an alcohol loss due to rectification in the Community,
(vi) 0.9 % of the quantities of alcohol dehydrated in the case
of an alcohol loss due to dehydration in the Community,
(vii) 1.2 % of the quantities of alcohol rectified in the case of
an alcohol loss due to rectification in one of the thirdcountries listed in Article 86 to this Regulation,
(viii) 1.2 % of the quantities of alcohol dehydrated in the case
of an alcohol loss due to dehydration in one of the third
countries listed in Article 86 to this Regulation.
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 inspection
authorities.
(c) In the case of alcohol awarded for a new industrial use and
under public sales for the use of bio-ethanol in the motor-fuel
sector in the Community which must be rectified prior to utilisa-tion for the end use specified, the alcohol removed shall bedeemed to have been used entirely for the purpose specifiedwhere at least 90 % of the total quantities of alcohol removed
under an invitation to tender or a public sale is used for that
purpose; 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 products which 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 requirements laid down in paragraph 1(a).
(b) The performance guarantee shall be released immediately by
each of the intervention agencies holding alcohol once thesuccessful tenderer provides them each with the proof requiredin points 2 and 3 and in Title V of Regulation (EEC) No 2220/85, for the relevant quantity removed.
(c) Notwithstanding Article 27 of Regulation (EEC) No 2220/85,
10 % of the performance guarantee shall be withheld until thesuccessful tenderer provides each intervention agency concernedwith proof that the relevant quantity of alcohol removed hasbeen used, indicating any losses of alcohol in connection with2000R1623 — EN — 11.10.2002 — 008.002 — 63
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the tendering procedure concerned. If such proof is not
produced within 12 months after the date specified 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 operations under this Chapter and to ensure that the applic-
able Community rules are complied with. They shall designate one ormore 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.
If the alcohol has been denatured checks shall be made at least every
two months.
2. The Member States shall determine which documents, records
and other supporting evidence or information must be supplied by the
successful tenderer. They shall inform the Commission of the checks
they introduce to apply paragraph 1. The Commission shall send theMember State concerned any comments required to ensure that checksare effective.
3. The measures taken by the Member States shall be notified to the
Commission before the checks start.
Article 102
Useofsurveillance firms
The notice of invitation to tender may stipulate that an international
surveillance firm is to be used to check on the proper conduct of thetendering procedure, particularly the final destination and/or end 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 quantities of wine distilled,
(ii) the quantities of alcohol concerned by secondary aid
(b) every two months, for each type of distillation under Articles 27,
28 and 30 of Regulation (EC) No 1493/1999:
(i) the quantities of wine, wine lees and fortified wine distilled,
(ii) distinguishing where applicable between neutral alcohol, raw
alcohol and spirits:
— quantities produced during the previous period,
— quantities taken over by their intervention agencies under
Community or national rules during the previous period,2000R1623 — EN — 11.10.2002 — 008.002 — 64
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— quantities disposed of by those intervention agencies during
the previous period,
— quantities held by those intervention agencies at the end of
the previous period.
In the case of quantities disposed of by the intervention agencies,
the Member States concerned shall also communicate the sellingprices charged and indicate whether the products have beenconsigned within the Community or exported;
(c) ten days before the end of every quarter, the outcome of applica-
tions invoking force majeure and the steps taken in those
instances by the competent authorities in the cases referred to in:
(i) Article 9,
(ii) Article 10,
(iii) Article 11(3),
(iv) Article 15,
(v) Article 16,
(vi) Article 20(4), (5) and (6),
(vii) Article 36,
(viii) Article 37,
(ix) Article 72,
(x) Article 75(1),
(xi) Article 100(2)(b);
(d) not later than 31 December of the current wine year, for private
storage aid under Chapter I of Title III of Regulation (EC)
No 1493/1999 and Title II of this Regulation:
— the quantities of grape must processed into concentrated grape
must or rectified concentrated grape must during the period ofvalidity of the contract, and the quantities obtained thereby;
(e) not later than 5 March of the current wine year:
— for private storage aid under Chapter I of Title III of Regulation
(EC) No 1493/1999 and Title II of this Regulation:
— the quantities of products under contract on 16 February;
— for aid under Article 34 of Regulation (EC) No 1493/1999 and
Chapter II of Title I of this Regulation:
— the number of producers who have received aid,
— the quantities of wine enriched,
— the quantities of concentrated grape must and rectified
concentrated grape must used for enrichment expressed indegrees of potential alcoholic strength by vol. per hectolitre;
(f) for the previous wine year, not later than 30 April:
(i) for aid under Article 35(1)(a) of Regulation (EC) No 1493/
1999 and Chapter I of Title I of this Regulation:
— the quantities of raw materials covered by aid applications,
broken down by type of raw material and by wine-growing
zone of origin;
— the quantities of raw materials for which aid has been
granted, broken down by type of raw material and bywine-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 ofthis Regulation:
— the quantities of grape must and concentrated grape must
covered by aid applications, broken down by wine-growingzone of origin;
— the quantities of grape must and concentrated grape must
in receipt of aid, broken down by wine-growing zone oforigin;
— the prices paid by manufacturers and operators for the
grape must and concentrated grape must;2000R1623 — EN — 11.10.2002 — 008.002 — 65
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(iii) cases where distillers or fortifiers of wine for distillation have
not fulfilled their obligations and the action taken in conse-quence.
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 applywhen 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 hereby
repealed.
Article 106
Entryintoforce
This Regulation shall enter into force on the twentieth day following its
publication in the Official Journal of the European Communities .
It shall apply from 1 August 2000.However, the following Regulations shall continue to apply until
31 August 2000 to products from the 1999/2000 wine year:
— Regulation (EEC) No 1059/83,
— Regulation (EEC) No 2640/88,— Regulation (EEC) No 2641/88,— Regulation (EEC) No 2721/88,
— Regulation (EEC) No 2728/88,
— Regulation (EEC) No 3105/88.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.2000R1623 — EN — 11.10.2002 — 008.002 — 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 — 11.10.2002 — 008.002 — 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 — 11.10.2002 — 008.002 — 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 — 11.10.2002 — 008.002 — 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 — 11.10.2002 — 008.002 — 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 — 11.10.2002 — 008.002 — 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 — 11.10.2002 — 008.002 — 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 — 11.10.2002 — 008.002 — 73
▼B
ANNEX II
Minimum quality requirements for table wines provided for in Article
27(b)(i)ofthisRegulation
I.White wines
(a) Minimum actual alcoholic strength: 10.5 % vol.
(b) Maximum volatile acidity: 9 milliequivalents per litre
(c) Maximum sulphur dioxide content: 155 milligrams per litre
II.Red wines
(a) Minimum actual alcoholic strength: 10.5 % vol.
(b) Maximum volatile acidity: 11 milliequivalents per litre
(c) Maximum sulphur dioxide content: 115 milligrams per litre
Rosé wines must comply with the requirements laid down above for red wines,
except as regards their sulphur dioxide content, which must comply with the
maximum levels fixed for white wines.
However, red table wines from the Portugieser vine varieties and white table
wines from the Sylvaner, Müller-Thurgau and Riesling vine varieties shall not
be required to comply with points (a) and (c) above.2000R1623 — EN — 11.10.2002 — 008.002 — 74
▼B
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 — 11.10.2002 — 008.002 — 75
▼B
ANNEX IV
Communityanalysismethodforneutralalcohol
For the purposes of this Annex:
(a) the repeatability limit is the value below which the absolute difference
between two single test results obtained under the same conditions (same
operator, same apparatus, same laboratory and a short interval of time)
may be expected to lie with a specified probability;
(b) the reproducibility limit is the value below which the absolute difference
between two single test results obtained under different conditions (different
operators, different apparatus and/or different laboratories and/or different
time) may be expected to lie with a specified probability.
The term ‘single test result’ means the value obtained when the standardised test
method is applied fully once to a single sample. Unless otherwise stated, the
probability shall be 95 %.2000R1623 — EN — 11.10.2002 — 008.002 — 76
▼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 — 11.10.2002 — 008.002 — 77