This document is meant purely as documentation tool and the institutions do not assume any liability for its contents
"BCOMMISSION REGULATION (EC) No 883/2001
of 24 April 2001
laying down detailed rules for implementing Council Regulation (EC) No 1493/1999 as regards trade
with third countries in products in the wine sector
(OJ L 128, 10.5.2001, p. 1)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EC) No 885/2001 of 24 April 2001 L 128 54 10.5.20012001R0883 — EN — 17.05.2001 — 001.001 — 1
COMMISSION REGULATION (EC) No 883/2001
of 24 April 2001
laying down detailed rules for implementing Council Regulation
(EC) No 1493/1999 as regards trade with third countries in products
in the wine sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 1493/1999 of 17 May
1999 on the common organisation of the market in wine (
1), as amended
by Regulation (EC) No 2826/2000 (2), and in particular Articles 1(3), 46,
59(3), 60(4), 61(4), 63(8), 64(5) and 68(3) thereof,
Whereas:
(1) Title VII of Regulation (EC) No 1493/1999 lays down general
rules on trade with third countries and refers for the rest to detailed
implementing rules to be adopted by the Commission.
(2) Until now, those rules have been contained in a large number of
Community regulations. In the interests of both economic
operators in the Community and the authorities responsible for
applying Community rules, all those provisions should be brought
together in a single text, and the Commission Regulations
regarding subjects now covered by this Regulation should be
repealed, namely: Regulation (EEC) No 3388/81 of 27 November
1981 laying down special detailed rules in respect of import and
export licences in the wine sector (3), as last amended by
Regulation (EC) No 2739/1999 (4); Regulation (EEC) No 3389/81
of 27 November 1981 laying down detailed rules for export
refunds in the wine sector (5), as last amended by Regulation (EC)
No 2730/95 (6); Regulation (EEC) No 3590/85 of 18 December
1985 on the certificate and analysis report required for the
importation of wine, grape juice and grape must (7), as last
amended by Regulation (EC) No 960/98 (8); Regulation (EC) No
1685/95 of 11 July 1995 on arrangements for issuing export
licences for wine sector products and amending Regulation (EEC)
No 3388/81 laying down special detailed rules in respect of import
and export licences in the wine sector (9), as last amended by
Regulation (EC) No 2512/2000 (10); and Regulation (EC) No
1281/1999 of 18 June 1999 laying down detailed rules
implementing the entry price arrangements for grape juice and
musts (11).
(3) This Regulation should include the current rules and should adapt
them to the new requirements of Regulation (EC) No 1493/1999.
Those rules should also be simplified and made more coherent
and certain gaps should be filled in.
(4) Commission Regulation (EC) No 1291/2000 lays down common
detailed rules for applying the system of import and export
licences and advance fixing certificates for agricultural prod-
ucts (12). Those rules should be supplemented by rules specific to
the wine sector, particularly as regards presenting applications and!B
(1) OJ L 179, 14.7.1999, p. 1.
(2) OJ L 328, 23.12.2000, p. 2.
(3) OJ L 341, 28.11.1981, p. 19.
(4) OJ L 328, 22.12.1999, p. 60.
(5) OJ L 341, 28.11.1981, p. 24.
(6) OJ L 284, 28.11.1995, p. 6.
(7) OJ L 343, 20.12.1985, p. 20.
(8) OJ L 135, 8.5.1998, p. 4.
(9) OJ L 161, 12.7.1995, p. 2.
(10) OJ L 289, 16.11.2000, p. 21.
(11) OJ L 153, 19.6.1999, p. 38.
(12) OJ L 152, 24.6.2000, p. 1.2001R0883 — EN — 17.05.2001 — 001.001 — 2
the information which should appear in licence applications and
licences.
(5) Under Article 59(1) of Regulation (EC) No 1493/1999, all imports
into the Community are subject to presentation of an import
licence. The grant of all export refunds should be subject to
presentation of an export licence.
(6) To take account of changes in alcoholic strength as a result of long
journeys, particularly during loading and unloading of the
products concerned, an additional tolerance should be allowed,
over and above the margin of error provided for in the analysis
method used under Commission Regulation (EEC) No 2676/90 of
17 September 1990 determining Community methods for the
analysis of wines (1), as last amended by Regulation (EC) No
1622/2000 (2).
(7) If the system of import and export licences is to operate correctly,
a certain minimum amount of information should be given in the
licences. It is therefore essential that the competent authority
issuing the licences be informed by the party concerned of the
country of origin or destination of the product. Importers and
exporters should be allowed to request a change in the country of
origin or destination under certain circumstances.
(8) Experience has shown that a single licence should be allowed to
cover the Common Customs Tariff subheadings relating to
concentrated grape juice and grape must, unconcentrated grape
juice and grape must and wine of fresh grapes.
(9) The period of validity of licences should reflect the practices and
delivery periods customary in international trade. In the case of
export licences, that period should be shorter in order to prevent
speculation in export licence applications.
(10) The third subparagraph of Article 59(2) of Regulation (EC) No
1493/1999 provides that the issue of licences is conditional on the
provision of a security, which is forfeited in whole or in part if the
transaction is not carried out or is only partially carried out. The
amount of the security should be fixed.
(11) To enable the Commission to have an overall view of trade trends,
Member States should regularly communicate to it information
concerning the quantities and products for which they have issued
import licences. It is desirable that such communications should
be sent weekly and should follow a uniform format. However, in
order to ensure proper management of the market in wine,
Member States should inform the Commission immediately if the
quantities for which import licence applications have been
submitted seem likely to cause a market disturbance.
(12) Article 63(7) of Regulation (EC) No 1493/1999 provides for
export licences as the basis for ensuring compliance with the
export volume obligations arising from the agreements concluded
in the Uruguay Round of multilateral trade negotiations. Precise
rules should therefore be laid down on the lodging of applications
and issue of licences.
(13) Past experience of applying the rules on the issue of export
licences in the wine sector has shown that the quantities available
for export need to be better distributed throughout the wine year to
ensure that they are not exhausted prematurely. The total quantity
available each wine year should be divided into two-month
periods, each subject to management measures providing in
particular for quantities not used in one period to be carried
forward to the next.
(14) A period of reflection is needed at the beginning of each wine year
so that the market situation can be assessed with a view to fixing!B
(1) OJ L 272, 3.10.1990, p. 1.
(2) OJ L 194, 31.7.2000, p. 1.2001R0883 — EN — 17.05.2001 — 001.001 — 3
refund rates at appropriate levels. Accordingly, no export licence
applications should be submitted until 16 September of each year.
(15) Article 4 of Commission Regulation (EC) No 800/1999 of 15
April 1999 laying down common detailed rules for the application
of the system of export refunds on agricultural products (1), as last
amended by Regulation (EC) No 90/2001 (2), introduces the
possibility of extending the validity of export licences to products
other than those indicated in the licence, provided that those
products belong to the same category or product group to be
determined. Product groups as provided for in Article 4 of
Regulation (EC) No 800/1999 should also be introduced in the
wine sector, for reasons of proportionality, to prevent excessive
penalties.
(16) The Commission should be able to adapt the special measures it
may take to ensure that the volume available for each period is
complied with according to the product category and zone of
destination. In addition, to prevent certain exporters from lodging
speculative applications for quantities greatly exceeding their
requirements and to prevent such practices from damaging
exporters who apply for their real requirements, the volume
which any exporter may apply for should be restricted to the
quantity available for each period.
(17) Decisions on export licence applications should be notified only
after a reflection period. That period should allow the Commission
to assess the quantities applied for and the expenditure involved
and to adopt any special measures which might have to be applied
to the applications concerned.
(18) In order to ensure that the arrangements function properly and to
prevent speculation, licences should not be transferable.
(19) To manage these arrangements the Commission should have
precise information on the licence applications lodged and the use
of licences issued. In the interests of administrative efficiency, a
standard form should be used for communications between
Member States and the Commission.
(20) Article 60(2) of Regulation (EC) No 1493/1999 lays down that,
for juices and musts for which the application of customs duties
depends on the import price of the product, the actual amount of
this price is verified either by checking every consignment or by
using a flat-rate import value. The current features of the
arrangements for importing grape juices and musts into the
Community, in particular the irregularity of such imports, in terms
of both volume and frequency and the places of import and the
origin of these products, do not permit the calculation of
representative flat-rate import values to verify the actual amount
of the import price. Under these circumstances, this price should
be verified by checking every consignment.
(21) The import price on the basis of which imported products are
classed in the Common Customs Tariff must be equal to the fob
price of those products plus the cost of insurance and transport to
the place of entry into Community customs territory.
(22) Refunds should be fixed periodically. Experience gained regarding
price trends in international trade shows that it is adequate to fix
refunds at least once each wine year.
(23) Steps should be taken to ensure that table wines qualifying for
refunds have the quality characteristics of table wines of the
production region from which they come, and the Member States
should take all necessary steps to perform the checks.
(24) In order to obtain a refund, exporters should be required to provide
proof that the products concerned meet the Community quality
standards, and to inform the competent authority of the Member!B
(1) OJ L 102, 17.4.1999, p. 11.
(2) OJ L 14, 18.1.2001, p. 22.2001R0883 — EN — 17.05.2001 — 001.001 — 4
State of both the origin and the quantities of wines involved. To
that end, they should indicate, among other things, the numbers
and dates of the accompanying documents provided for in
Commission Regulation (EEC) No 2238/93 of 26 July 1993 on
the accompanying documents for the carriage of wine products
and the relevant records to be kept (1), as amended by Regulation
(EC) No 1592/1999 (2). However, under Article 4 of Regulation
(EEC) No 2238/93, the Member States may provide that the said
document need not be drawn up for certain products in certain
cases. It is therefore necessary, to ensure effective supervision, to
provide that Member States may not avail themselves of that
provision in the context of the refund system.
(25) In the case of deliveries for victualling ships and aircraft
qualifying for refunds, it is not always easy to obtain the
necessary documents in good time, particularly in non-producer
Member States, on account of the difficulty of ascertaining the
delivery dates in advance. It should be borne in mind that
production of the required proof may thus represent a dispropor-
tionate burden in relation to the small quantities of table wines
which normally make up such individual deliveries for traders
who do not employ the procedure laid down in Article 26 of
Regulation (EC) No 800/1999 or in Council Regulation (EEC) No
565/80 of 4 March 1980 on the advance payment of export refunds
in respect of agricultural products (3), as amended by Regulation
(EEC) No 2026/83 (4).
(26) Article 68(1) of Regulation (EC) No 1493/1999 provides that the
imported products covered by that Article should be accompanied
by a certificate and an analysis report issued by a body or service
designated by the third country in which the products originate.
The requirements which the analysis report should meet should be
laid down.
(27) Provision should be made under Article 68(2)(b) of Regulation
(EC) No 1493/1999 for dispensing with the certificate and
analysis report in the case of products which are imported from
third countries in limited quantities and packed in small
containers. To simplify controls, the requirement as to quantity
may be considered to be met in the case of imports from third
countries whose total annual exports to the Community are
already very small. In this case, to avoid deflection of trade, the
wines must not only originate in those countries but must be
imported from them.
(28) For the sake of harmonisation, the exemption from the
requirement to present a certificate and analysis report for wine
products being imported into the Community should be in line
with the customs rules on exemption and the arrangements
applicable to documents accompanying consignments of wine
products within the Community.
(29) Some third countries, having established an effective system for
inspecting their wine producers, implemented by their bodies or
services, referred to in Article 68(1)(a) of Regulation (EC) No
1493/1999, have expressed an interest in the possibility of
authorising the producers themselves to issue certificates and
analysis reports. With a view to facilitating trade with those third
countries, provided that they have concluded undertakings with
the Community which include clauses concerning closer cooper-
ation on the prevention of fraud and that they maintain good trade
relations with the Community, it is appropriate to authorise those
concerned to consider documents issued by the producers
themselves as documents issued by the said bodies or services
of the third countries, in a manner similar to that already allowed
for wines of Community origin, provided that they give!B
(1) OJ L 200, 10.8.1993, p. 10.
(2) OJ L 188, 21.7.1999, p. 33.
(3) OJ L 62, 7.3.1980, p. 5.
(4) OJ L 199, 22.7.1983, p. 12.2001R0883 — EN — 17.05.2001 — 001.001 — 5
appropriate assurances and exert proper control over the issue of
such documents. It should be stipulated from the outset that these
rules will apply only for a trial period in order to test the
effectiveness of the new system.
(30) Lists containing the names and addresses of the agencies and
laboratories authorised in third countries to draw up certificates
and analysis reports should be published so that the authorities in
the Community which supervise the import of wine products can,
where necessary, carry out the requisite checks.
(31) In order to facilitate controls by the competent authorities of
Member States, the form and, where necessary, the content of the
certificate and analysis report provided for, and the requirements
for their use should be laid down.
(32) The certificate and, where appropriate, the analysis report relating
to each consignment of imported product should be checked in
order to prevent fraud. To this end, the document(s) must
accompany each consignment until it is placed under Community
control.
(33) To take commercial practice into account, where a consignment of
wine is split up, the competent authorities should be empowered to
have extracts of the certificate and the analysis report drawn up
under their supervision to accompany each new consignment
resulting from the splitting.
(34) In view of the need to ensure swift and effective protection of
consumers, it is essential to provide for the possibility of
suspending the new arrangements before the end of the trial
period in the event of fraud or a health risk to consumers.
(35) Simple rules should also be laid down regarding the documents to
be produced for imports from a third country other than the
country of origin of the wine product, where that product has not
undergone substantial processing.
(36) It is clear from Article 45 of Regulation (EC) No 1493/1999 that
wine products may be offered for direct human consumption in the
Community only if they have been produced using oenological
practices permitted in the Community. Moreover, where an
imported product has undergone enrichment, acidification or
deacidification, provision should be made for authorisation of
direct human consumption of that product in the Community only
if the limits specified for the Community wine-growing zone
whose natural production conditions are equivalent to those in the
region in which the imported product originates have been
complied with.
(37) The task of the exporters and the authorities should be simplified
by requiring a statement that the alcohol added to liqueur wines
and wines fortified for distillation is of vinous origin to be
included in the V I 1 document without requiring a separate
document for this statement. For the same reason, the V I 1
document should be permitted to serve as the certificate testifying
to the designation of origin required for imports of wines eligible
for a tariff reduction. However, no certificate or analysis report is
required in the case of some wines, provided a certificate of
designation of origin is presented. It should be permitted to use the
V I 1 document to certify the designation of origin of the said
liqueur wines and the section relating to the analysis report need
not be completed.
(38) Under Article 68(1)(b) of Regulation (EC) No 1493/1999, wines
other than sparkling wines and liqueur wines originating in a third
country and intended for direct human consumption may not be
imported into the Community if their total alcoholic strength by
volume or their total acidity, exceeds or fails to reach certain limit
values. However, Article 68(2)(a) of that Regulation provides for
exceptions where a wine designated by a geographical indication
has special quality characteristics.!B2001R0883 — EN — 17.05.2001 — 001.001 — 6
(39) In the case of certain wines originating in Hungary and
Switzerland, which have their own special quality and are
produced in limited quantities, the maximum total alcoholic
strength or the minimum total acidity are exceeded or not attained,
respectively, owing to special traditional production methods. The
marketing of those wines on the Community market should be
permitted. However, to ensure compliance with the requirements
to be met before that right may be enjoyed, certification by an
official body of the country of origin should be required on the
import document introduced by this Regulation.
(40) When the agreements on the control and reciprocal protection of
wine names were concluded between the European Community
and Hungary and Romania, respectively (1), the Community
undertook to grant the derogation applicable to Hungarian wines
for an unlimited period and to grant the same derogation for
certain quality wines originating in Romania.
(41) The definitions of some of the products listed in Annex I to
Regulation (EC) No 1493/1999 can be applied only to products
obtained in the Community. It is therefore necessary for the
corresponding products originating in third countries to be
defined. The definitions of those products originating in third
countries to which this Regulation applies should be as close as
possible to the definition of the Community product.
(42) Commission Regulation (EC) No 1608/2000 (2), as last amended
by Regulation (EC) No 731/2001 (3), which laid down transitional
measures pending the introduction of definitive measures for the
application of Regulation (EC) No 1493/1999, kept in force until
31 January 2001 certain provisions regarding the subjects covered
by this Regulation. Accordingly, in order to prevent any
interruption in trade in the products covered by those provisions
and by this Regulation, the latter should apply as from 1 February
2001.
(43) The measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for Wine,
HAS ADOPTED THIS REGULATION:
CHAPTER I
IMPORT AND EXPORT LICENCES
Article 1
Common implementing rules
The common detailed rules for applying the system of import and export
licences and advance-fixing certificates for agricultural products as laid
down in Regulation (EC) No 1291/2000 shall apply to the licences
referred to in this Chapter.
Article 2
Information given on the licence
1. Where the Combined Nomenclature code specifies the alcoholic
strength of a product, a tolerance of 0,4 % by volume shall be allowed in
relation to that specification for the purposes of the licence.
Box 20 of import licences and export licences shall contain one of the
following entries:
— ‘Tolerancia de 0,4 % vol’!B
(1) OJ L 337, 31.12.1993, pp. 94 and 178.
(2) OJ L 185, 25.7.2000, p. 24.
(3) OJ L 102, 12.4.2001, p. 33.2001R0883 — EN — 17.05.2001 — 001.001 — 7
— ‘Tolerance 0,4 % vol’
— ‘Toleranz 0,4 % vol’
—‘Αν/omikron/khiή0,4% vol’
— ‘Tolerance of 0,4 % vol’
— ‘Tolérance de 0,4 % vol’
— ‘Tolleranza di 0,4 % vol’
— ‘Tolerantie van 0,4 % vol’
— ‘Tolerância de 0,4 % vol’
— ‘Sallittu poikkeama 0,4 til-%’— ‘Tolerans 0,4 vol %’.
2. Box 8 of import licence applications and import licences shall show
the country of origin.
Box 7 of export licence applications and licences shall show the country
of destination or the zone of destination as referred to in Article 9(6) of
this Regulation. Where the zone of destination is indicated, the box
‘compulsory: yes’ shall be ticked. Where the country of destination is
indicated, the box ‘compulsory: no’shall be ticked. In addition, box 20 of
export licence applications and licences shall contain the entry: ‘zone X
compulsory’. At the request of the party concerned, the country of
destination may be replaced by another country belonging to the same
zone of destination.
3. Box 14 of import licence applications and import licences shall
contain the following additional information regarding the colour of
wine or must: ‘white’ or ‘red/rosé’.
4. Applicants may include in a single import licence application
products falling within more than one tariff code, by completing boxes
15 and 16 of the application as follows:
— box 15: description of the product as given in the Combined
Nomenclature,
— box 16: CN codes.
The product descriptions and CN codes specified in the application shall
also be specified on the import licence.
Article 3
Period of validity
1. Import licences shall be valid from their date of issue as defined in
Article 23(1) of Regulation (EC) No 1291/2000 until the end of the
fourth month following that date.
2. Export licences shall be valid from their date of issue as defined in
Article 23(2) of Regulation (EC) No 1291/2000 until the end of the
second month following that date, but may under no circumstances
remain valid beyond 31 August of the GATT year in progress.
Article 4
Securities
1. The security for import licences shall be as follows:
— concentrated grape juice and musts: EUR 2,5/hl,
— other grape juice and musts: EUR 1,25/hl,
— still wines and fortified wines: EUR 1,25/hl,
— sparkling wines and liqueur wines: EUR 2,5/hl.!B2001R0883 — EN — 17.05.2001 — 001.001 — 8
2. The security for export licences shall be EUR 8 per hectolitre for
products falling within CN codes 2009 60 11, 2009 60 19, 2009 60 51,
2009 60 71, 2204 30 92 and 2204 30 96 and EUR 2,5 per hectolitre for
all other products.
Article 5
Communications on import licences
Every Thursday, or on the first working day thereafter if the Thursday is
a public holiday, Member States shall forward to the Commission, using
the model shown in Annex I, information on the quantities and countries
of origin of products for which import licences have been issued during
the preceding week, broken down by Combined Nomenclature codes and
the nomenclature codes of the countries for the Community statistics on
external trade.
If the quantities for which import licence applications have been made in
a Member State appear to pose a risk of disturbance for the market, that
Member State shall immediately inform the Commission accordingly
and shall communicate the quantities concerned, broken down by type of
product.
CHAPTER II
SPECIAL EXPORT LICENCE ARRANGEMENTS UNDER THE
GATT AGREEMENTS
Article 6
Aim
Under the Agreement on Agriculture concluded during the Uruguay
Round of multilateral trade negotiations, hereinafter called ‘the Agree-
ment’, this Chapter lays down additional rules applying to the issue of
export licences with advance fixing of the refund.
Article 7
Staggering of the total quantity over the year and lodging of
applications
1. The total quantity available for each GATT year shall be divided into
six parts. Export licence applications may be lodged for:
— 25 % of the total quantity, until 15 November,
— 25 % of the total quantity, until 15 January,
— 15 % of the total quantity, until 15 March,
— 15 % of the total quantity, until 30 April,— 10 % of the total quantity, until 30 June,
— 10 % of the total quantity, until 31 August.
2. Unused quantities from one period shall be automatically transferred
to the following period within that year.
3. Export licence applications for the first period may be lodged from
16 September onwards each year.
Article 8
Categories and groups of products
1. The product categories referred to in the second paragraph of Article
14 of Regulation (EC) No 1291/2000 are listed in Annex II to this
Regulation.!B2001R0883 — EN — 17.05.2001 — 001.001 — 9
2. The product groups referred to in the second indent of the first
subparagraph of Article 4(2) of Regulation (EC) No 800/1999 which
may be entered on the licence application and licence in accordance with
the fourth paragraph of Article 14 of Regulation (EC) No 1291/2000 are
listed in Annex III hereto.
Article 9
Export licence applications
1. Applications for export licences may be lodged with the competent
authorities from Wednesday until 1 p.m. on the following Tuesday.
2. Export licence applications lodged for a period as referred to in
paragraph 1 by a single exporter may not exceed a maximum quantity of
30 000 hectolitres per zone of destination as referred to in paragraph 6.
Applications relating to the same zone must be lodged with the
competent body and grouped in a single communication.
If an exporter lodges applications for an overall quantity of more than
30 000 hectolitres for a single zone, all applications concerned shall be
rejected by the body with which they were lodged.
Where the overall quantity still available for a zone is less than 30 000
hectolitres, the body with which the applications are lodged shall reduce
the applications of exporters which exceed it to bring them in line with
the quantity available.
3. Export licences shall be issued on the Monday following the Tuesday
referred to in paragraph 1, or the next working day if the Monday is a
public holiday, provided that the Commission has not taken other
specific measures in the mean time.
4. If the quantities for which licence applications have been made, as
notified to the Commission on the set day under Article 12(1), exceed the
quantities still available for a period as referred to in Article 7(1), the
Commission shall set an acceptance percentage applying to all the
applications in question and suspend lodging of licence applications until
the beginning of the following period.
5. If issuing the licences applied for entails a risk of premature
exhaustion of the budget for the wine sector set under the Agreement, the
Commission may accept the applications pending, or reject the
applications for which export licences have not yet been granted and
suspend lodging of applications for at most 10 working days, although a
decision to extend suspension may be taken by the procedure laid down
in Article 75 of Regulation (EC) No 1493/1999.
If issuing the licences applied for entails a risk of overrun of the budget
for the wine sector set under the Agreement, the Commission may set an
acceptance percentage applying to all the applications in hand and
suspend lodging of applications up to the end of the wine year.
6. The measures provided for in paragraphs 4 and 5 may be adjusted for
the category of products and the zone of destination. The zones of
destination shall be:
— zone 1: Africa,— zone 2: Asia and Australasia,— zone 3: eastern Europe, including the CIS, and— zone 4: western Europe.The countries in each zone of destination are listed in Annex IV .7. In cases where the quantity applied for is refused or reduced, the
security referred to in Article 4(2) against the quantity for which the
application is not accepted shall be immediately released.
8. By way of derogation from paragraph 3, in the event that a single
acceptance percentage of less than 85 % is set, licences shall be issued on
the third working day following publication of that percentage in the
Official Journal of the European Communities . Prior to issue, exporters!B2001R0883 — EN — 17.05.2001 — 001.001 — 10
may either withdraw their applications, in which case the security
referred to in Article 4(2) of this Regulation shall be released
immediately, or expressly accept the licence, in which case the licence
may be issued forthwith.
Article 10
Transfer of licences
Export licences issued shall not be transferable.
Article 11
Tolerance
Additional quantities exported within the tolerance referred to in Article
8(4) of Regulation (EC) No 1291/2000 shall not be eligible for the
refund.
At least one of the following entries shall be made in box 22 of licences:— Restitución válida para … (cantidad por la que se haya expedido el
certificado) como máximo
— Restitutionen omfatter højst … (den mængde, licensen er udstedt
for)
— Erstattung gültig für höchstens … (Menge, für die die Lizenz erteilt
wurde)
—Επιστρ/omikronφή π/omikronυ ισ/khiύει για … (π/omikronσ/omikronacuteτητα για την /omikronπ/omikronία
εκδίδεταιτ/omikronπιστ/omikronπ/omikronιητικ/omikronacute)κατ’ανώτατ/omikron/omikronacuteρι/omikron
—Refund valid for not more than … (quantity for which licence is
issued)
— Restitution valable pour … (quantité pour laquelle le certificat est
délivré) au maximum
— Restituzione valida al massimo per … (quantitativo per il quale è
rilasciato il titolo)
— Restitutie voor ten hoogste … (hoeveelheid waarvoor het certificaat
is afgegeven)
— Restituição válida para … (quantidade em relação à qual é emitido o
certificado), no máximo
— Vientituki voimassa enintään … (määrä, jolle todistus on annettu)
osalta
— Bidrag som gäller för högst … (kvantitet för vilken licensen skall
utfärdas).
Article 12
Communications from Member States
1. Member States shall, each Wednesday or the following working day
if the Wednesday is a public holiday, notify the Commission of the
following:
(a) the applications for export licences with advance fixing of the refund
lodged between Wednesday of the preceding week and Tuesday, or
the absence of applications;
(b) the quantities for which export licences were issued on the preceding
Monday or, as the case may be, within the interval referred to in
Article 9(8);
(c) the quantities for which licence applications have been withdrawn
pursuant to Article 9(8) during the preceding week.
Those notifications shall also specify the zone of destination as referred
to in Article 9(6).!B2001R0883 — EN — 17.05.2001 — 001.001 — 11
2. Member States shall notify to the Commission before the 15th of
each month for the previous month:
(a) the quantities for which licences have been issued but not used,
together with the zone of destination as referred to in Article 9(6);
(b) the quantities for which refunds have been granted without a licence
under the second subparagraph of Article 4(1) of Regulation (EC)
No 800/1999.
These notifications shall specify the quantities referred to in paragraph 1
and the refund rate.
3. Notifications under paragraph 1 shall specify:(a) the quantity in hectolitres for each 12-figure product code of the
agricultural product nomenclature for export refunds. Where a
licence is issued for more than one 11-figure code in the same
category as referred to in Annex II, the category number is to be
given;
(b) the quantity for each code, broken down by destination if the refund
rate differs according to destination;
(c) the refund rate applicable in respect of the quantities covered by
paragraph 1(c).
If the refund rate is modified during the licence application period,
applications must be broken down for each period having a different
refund rate.
4. All notifications under paragraphs 1, 2 and 3, including ‘nil’
notifications, shall be made using the model in Annex V .
Article 13
Commission decisions
1. If, in the light of notifications under Article 12(2)(a), an adequate
quantity becomes available again, the Commission may decide to reopen
the lodging of applications for export licences.
2. The Commission shall inform Member States once a month of the
extent to which the quantities and expenditure specified in the annual
commitment level provided for in the Agreement for the GATT year have
been used up and, when the time comes, of their exhaustion.
CHAPTER III
ENTRY PRICE ARRANGEMENTS FOR GRAPE JUICE AND
MUST
Article 14
V erification by consignment
1. For products falling within CN codes 2009 60 and 2204 30, listed in
Annex I, Part Three, Section I, Annex 2, to the Common Customs Tariff
and subject to the entry price arrangements, the actual import price shall
be verified by checking every consignment.
2. ‘Consignment’ means the goods presented under a declaration of
release for free circulation. Each declaration may cover only goods of
one and the same origin falling within a single Combined Nomenclature
code.!B2001R0883 — EN — 17.05.2001 — 001.001 — 12
Article 15
Checking
1. The import price on the basis of which the products referred to in
Article 14 are classed in the Combined Nomenclature must be equal to
the fob price of those products in their country of origin plus the cost of
insurance and transport to the place of entry to the Community customs
territory.
2. Where the import price cannot be determined on the basis of
paragraph 1 of this Article, the products referred to in Article 14 shall be
classed in the Combined Nomenclature on the basis of the customs value
determined in accordance with Articles 30 and 31 of Council Regulation
(EEC) No 2913/92 (1).
CHAPTER IV
EXPORT REFUNDS IN THE WINE SECTOR
Article 16
Frequency
Export refunds in the wine sector shall be reviewed periodically, at least
once each wine year.
Article 17
Licence requirement
Except for supplies for the special purposes referred to in Article 36 of
Regulation (EC) No 800/1999 and supplies of the quantities referred to
in Annex III(K) to Regulation (EC) No 1291/2000, refunds shall be
granted on production of proof that the products have been exported
under an export licence.
Article 18
Proof
1. Refunds shall be granted on production of proof that the products
exported were accompanied on export by an analysis certificate issued
by an official body of the producer Member State or the exporting
Member State certifying that they meet the Community quality standards
for the products in question or, in the absence of such standards, the
national standards applied by the exporting Member State.
In the case of table wines or liqueur wines other than liqueur wines psr,
proof shall further be furnished to show that they have been approved by
a tasting committee appointed by the exporting Member State. Where
this Member State is not the producer, proof shall also be provided that
the wine in question is a Community table wine or liqueur wine.
The certificate referred to in the first subparagraph shall mention at least
the following:
(a) for table wine and liqueur wine other than liqueur wine psr:
— the colour,
— the total alcoholic strength by volume,
— the actual alcoholic strength by volume,— the total acidity,
— where appropriate, that the wine in question is wine as referred
to in Article 28(1) of Regulation (EC) No 1493/1999 produced
in excess of the normal quantity, or the quantity of such wine in
the case of exports of wine resulting from coupage or blending;!B
(1) OJ L 302, 19.10.1992, p. 1.2001R0883 — EN — 17.05.2001 — 001.001 — 13
(b) for concentrated grape must, the measurement recorded at a
temperature of 20 °C by refractometer used in accordance with the
method referred to in Annex I(6) to Regulation (EC) No 1493/1999.
2. Exporters shall be obliged to inform the competent authority of the
Member State:
(a) for wines resulting from coupage, the origin and quantities of wines
used;
(b) the numbers and dates of the accompanying documents.
3. If the table wine for which a refund is requested results from
coupage, as defined by Title II of Chapter V of Regulation (EC) No
1622/2000, or from blending of table wines qualifying for different
refund rates, the amount of the refund shall be calculated in proportion to
the quantities of table wine in the coupage or blend.
Article 19
Checks by the Member States
1. Member States may provide that the approval referred to in the
second indent of Article 18(1) is to be granted by regional committees
which certify that the wine has the quality characteristics of table wines
of the production regions from which it comes.
2. Member States shall take all necessary steps to perform the checks
referred to in Articles 17 and 18. However, Article 18, with the exception
of paragraph 2(b) thereof, shall not apply to the table wine supplies
referred to in Article 36(1)(a) of Regulation (EC) No 800/1999 for which
the procedure referred to in Article 26 of the said Regulation or in
Regulation (EEC) No 565/80 is not applied.
3. For the purposes of Article 18(2)(b), exporting Member States may
not avail themselves of Article 4(2) of Regulation (EC) No 2238/93.
CHAPTER V
CERTIFICATES AND ANAL YSIS REPORTS FOR WINE, GRAPE
JUICE AND MUST ON IMPORT
Section 1
General
Article 20
Documents required
The certificate and the analysis report referred to in Article 68(1)(a)(i)
and (ii), respectively, of Regulation (EC) No 1493/1999 shall form a
single document:
(a) the ‘certificate’ part of which shall be made out by a body of the
third country in which the products originated;
(b) the ‘analysis report’ part of which shall be made out by an official
laboratory recognised by the third country in which the products
originated.
Article 21
Contents of the analysis report
The analysis report shall include the following information:
(a) in the case of wines and grape must in fermentation:
— the total alcoholic strength by volume,— the actual alcoholic strength by volume;!B2001R0883 — EN — 17.05.2001 — 001.001 — 14
(b) in the case of grape must and grape juice, the density;
(c) in the case of wines, grape must and grape juice:
— the total dry extract,— the total acidity,— the volatile acid content,— the citric acid content,— the total sulphur dioxide content,— the presence of varieties obtained from interspecific crossings
(direct producer hybrids or other varieties not belonging to the
Vitis vinifera species).
Article 22
Exemptions
1. No certificate or analysis report need be presented for products
originating in and coming from third countries in labelled containers of
not more than five litres fitted with a non-reusable closing device where
the total quantity transported, whether or not made up of separate
consignments, does not exceed 100 litres.
2. In addition, no certificate and analysis report need be presented for:(a) quantities of products not exceeding 30 litres per traveller contained
in the personal luggage of travellers within the meaning of Article 45
of Council Regulation (EEC) No 918/83 (
1);
(b) quantities of wine not exceeding 30 litres sent in consignments from
one private individual to another, within the meaning of Article 29 of
Regulation (EEC) No 918/83;
(c) wine and grape juice in labelled containers of not more than five
litres fitted with a non-reusable closing device, originating in and
coming from third countries whose annual imports into the
Community are less than 1 000 hectolitres. The countries concerned
are listed in Annex VI hereto;
(d) wine and grape juice forming part of the belongings of private
individuals who are moving house;
(e) wine and grape juice for trade fairs as defined in the relevant
provisions of Regulation (EEC) No 918/83, provided that the
products in question are put up in labelled containers of not more
than two litres fitted with a non-reusable closing device;
(f) quantities of wine, grape must and grape juice imported for the
purpose of scientific and technical experiments, subject to a
maximum of one hectolitre;
(g) wines and grape juice for diplomatic, consular or similar establish-
ments, imported as part of their duty-free allowance;
(h) wines and grape juice held on board international means of transport
as victualling supplies.
3. The case of exemption referred to in paragraph 1 may not be
combined with the cases of exemption referred to in paragraph 2.
Article 23
Exclusion
This Chapter shall not apply to Boberg liqueur wines accompanied by a
certificate of designation of origin.!B
(1) OJ L 105, 23.4.1983, p. 1.2001R0883 — EN — 17.05.2001 — 001.001 — 15
Section 2
Requirements to be met and detailed rules for drawing
up and using the certificate and analysis report for
imports of wine, grape juice and grape must
Article 24
V I 1 document
1. The certificate and analysis report for each consignment intended for
import into the Community shall be drawn up on a single V I 1
document. ‘Consignment’ means the quantity of a product consigned by
one consignor to one consignee.
This document shall be drawn up on a V I 1 form corresponding to the
specimen shown in Annex VII and complying with the technical
requirements set out in Annex VIII. It shall be signed by an officer of an
official body and by an official of a recognised laboratory as referred to
in Article 29.
2. Where the product concerned is not intended for direct human
consumption, the analysis report section of the V I 1 form need not be
completed.
In the case of wine put up in labelled containers of a capacity not
exceeding 60 litres, fitted with non-reusable closing devices, and
provided that the wine originates in a country appearing in Annex IX
which has offered special guarantees accepted by the Community, the
analysis report section of the V I 1 form need be completed only in
respect of:
— the actual alcoholic strength by volume,
— the total acidity,
— the total sulphur dioxide content.
Article 25
Description of documents
1. V I 1 forms shall comprise a typed or handwritten original and a
simultaneously produced copy, in that order. V I 2 forms shall comprise
an original and two copies, in that order. The V I 2 form shall be an
extract made out in accordance with the specimen shown in Annex X,
containing the data appearing on a V I 1 document or another V I 2
extract and stamped by a Community customs office.
Both the original and the copy shall accompany the product. V I 1 and V
I 2 forms must be completed either in typescript or by hand, or by
equivalent technical means recognised by an official body. Handwritten
forms shall be completed in ink and in capital letters. No erasures or
overwriting shall be permitted. Any alterations shall be made by crossing
out the incorrect particulars and, where appropriate, adding those
required. Any change made in this way must be approved by its author
and stamped, as the case may be, by the official agency, the laboratory or
the customs authorities.
2. V I 1 documents and V I 2 extracts shall bear a serial number
allocated, in the case of V I 1 documents, by the official agency whose
officer signs the certificate and, in the case of V I 2 extracts, by the
customs office which stamps them in accordance with Article 28(2) and
(3).!B2001R0883 — EN — 17.05.2001 — 001.001 — 16
Article 26
Simplified procedure
1. V I 1 documents drawn up by wine producers in the third countries
listed in Annex IX which have offered special guarantees accepted by the
Community shall be considered as certificates or analysis reports drawn
up by agencies and laboratories included in the list referred to in Article
29 provided that the producers have received individual approval from
the competent authorities of those third countries and are subject to
inspection by the latter.
2. Approved producers as referred to in paragraph 1 shall use V I 1
forms giving in box 10 the name and address of the official agency of the
third country which approved them. Producers shall complete the form,
entering in addition:
— in box 1, their names and addresses and their registration numbers in
the third countries listed in Annex IX,
— in box 11, at least the particulars referred to in Article 24(2).
They shall sign in the space provided in boxes 10 and 11, after striking
out the words ‘name and title of official’.
Neither stamps nor the name and address of the laboratory shall be
required.
Article 27
Derogations
1. Application of Articles 24(2) and 26 may be suspended if it is found
that the products to which these measures apply have been the subject of
falsification likely to result in a health risk to consumers or of
oenological practices not authorised in the Community.
2. Articles 24(2) and 26 shall apply until the entry into force of the
agreement resulting from the negotiations with the United States of
America on an agreement on trade in wine, but not later than 31
December 2003.
Article 28
Use
1. The original and the copy of V I 1 documents or V I 2 extracts shall
be handed over to the competent authorities of the Member State in
which the customs formalities required for putting into free circulation
the consignment to which they relate are carried out, on completion of
those formalities.
The authorities shall, where necessary, endorse the back of the V I 1
document or the V I 2 extract. They shall return the original to the person
concerned and keep the copy for at least five years.
2. Where a consignment is to be reconsigned complete before entry
into free circulation, the new consignor shall give the customs authorities
supervising the consignment the V I 1 document or the V I 2 extract
relating to that consignment as well as, if appropriate, a V I 2 form
completed consecutively.
The authorities shall verify that the particulars entered on the V I 1
document agree with those entered on the V I 2 form or that the
particulars entered on the V I 2 extract agree with those entered on the V
I 2 form completed consecutively, and shall then stamp the latter, which
shall then be equivalent to the V I 2 extract, and endorse the document or
previous extract accordingly. They shall return the extract and the
original of the V I 1 document or the previous V I 2 extract to the new
consignor and keep the copy of the document or previous extract for at
least five years.!B2001R0883 — EN — 17.05.2001 — 001.001 — 17
However, a V I 2 form need not be completed where a consignment of a
product is re-exported to a third country.
3. Where a consignment is split before it enters into free circulation, the
person concerned shall give the original and the copy of the V I 1
document or the V I 2 extract relating to the consignment to be split to
the customs authorities supervising that consignment, together with a V I
2 form and two copies completed consecutively for each new
consignment.
The authorities shall verify that the particulars entered on the V I 1
document or on the V I 2 extract correspond to those on the V I 2 form
completed consecutively for each new consignment, and shall then stamp
the latter, which shall then be equivalent to the V I 2 extract, and endorse
accordingly the back of the V I 1 document or the V I 2 extract on which
it was based. They shall return the V I 2 extract together with the V I 1
document or the V I 2 extract previously completed to the person
concerned and keep a copy of each of these documents for at least five
years.
Article 29
List of competent bodies
1. The Commission shall draw up and update lists containing the names
and addresses of the agencies and laboratories, and of the wine producers
authorised to draw up V I 1 documents, on the basis of notifications from
the competent authorities of third countries. It shall publish these lists in
the ‘C’ series of the Official Journal of the European Communities .
2. The notifications from the competent authorities of third countries
referred to in paragraph 1 shall contain:
(a) the names and addresses of the official agencies and laboratories
approved or appointed for the purpose of drawing up V I 1
documents;
(b) the names, addresses and official registration numbers of the wine
producers authorised to draw up V I 1 documents.
The lists shall contain only agencies and laboratories as referred to in
point (a) of the first subparagraph which have been authorised by the
competent authorities of the third country concerned to provide the
Commission and the Member States, on request, with any information
required to evaluate the data appearing on the document.
3. The lists shall be updated, in particular to take account of changes of
address and/or name of agencies or laboratories.
Article 30
Indirect imports
In cases where a wine is exported from a third country in whose territory
it was prepared (hereinafter: ‘the country of origin’) to another third
country (hereinafter: ‘the exporting country’), from which it is then
exported to the Community, the competent authorities of the exporting
county may draw up the V I 1 document for the wine concerned on the
basis of a V I 1 document or equivalent drawn up by the competent
authorities of the country of origin, without having to perform further
analyses on the wine, if that wine:
(a) has already been bottled and labelled in the country of origin and
remains so; or
(b) is exported in bulk from the country of origin and bottled and
labelled in the exporting country without any further processing.
The competent authority of the exporting country shall certify on the V I
1 document that the wine in question is a wine to which the first
subparagraph refers and that it fulfils the conditions set out therein.!B2001R0883 — EN — 17.05.2001 — 001.001 — 18
Article 31
Conformity of oenological practices
1. Subject to Article 45 and Article 46(1)(a), (b) and (c) of Regulation
(EC) No 1493/1999 and the provisions adopted to implement them,
products originating in third countries may be offered or delivered for
direct human consumption only if they were produced, in the case of the
oenological practices referred to in Annex V(C), (D) and (E) of
Regulation (EC) No 1493/1999, in compliance with the limits specified
for the Community wine-growing zone in which the natural production
conditions are equivalent to those in the production region in which they
originate.
The assessment of the equivalence of production conditions shall be
conducted on the basis of proposals from the competent authorities of the
third country concerned, in accordance with the procedure laid down in
Article 75 of Regulation (EC) No 1493/1999.
2. Where the competent authorities of a Member State suspect that a
product originating in a third country does not comply with paragraph 1,
they shall inform the Commission thereof without delay.
Article 32
Special rules for particular wines
1. In the case of liqueur wines and wines fortified for distillation, the V
I 1 documents shall be recognised as valid only where the official agency
as referred to in Article 29 has entered the following in box 15:
‘the alcohol added to this wine is certified as being wine alcohol’.
The entry shall be accompanied by the following information:(a) the full name and address of the issuing agency;
(b) the signature of an official of the agency;
(c) the agency’ s stamp.
2. For wines eligible for a tariff reduction on importation into the
Community, the V I 1 documents may serve as a certificate testifying to
the designation of origin which is entitled to such arrangements, where
the official agency has entered the following in box 15:
‘the wine covered by this document is certified as having been
produced in the ... wine-growing region and was given the
designation of origin shown in box 6 in accordance with the
provisions of the country of origin’.
The entry shall be accompanied by the information provided for in the
second subparagraph of paragraph 1.
CHAPTER VI
ANAL YTICAL DEROGATIONS FOR CERTAIN IMPORTED
WINES
Article 33
1. The following wines may be imported into the Community for direct
human consumption:
(a) wines originating in Hungary, with a total alcoholic strength by
volume exceeding 15 % vol, without enrichment, designated:
(i) by the words ‘Tokaji Aszu’ or ‘Tokaji Aszu-eszencia’ or ‘Tokaji
Eszencia’ or ‘Tokaji Szamorodni’; or!B2001R0883 — EN — 17.05.2001 — 001.001 — 19
(ii) by the term ‘Kueloenleges Minoeségue bor’ (superior quality
wine), supplemented by a geographical indication and by one of
the following:
— ‘késöl szüretelésü bor’,— ‘válogatott szüretelésü bor’,— ‘töppedt szölöböl készült bor’,— ‘aszubor’;
(b) wines originating in Switzerland, comparable to quality wines psr
when they are compulsorily designated by a geographical indication
and having a total acidity, expressed as tartaric acid, of less than 4,5
but more than 3 grams per litre, and are at least 85 % derived from
grapes of one or more of the following vine varieties:
— Chasselas,— Müller-Thurgau,— Sylvaner,— Pinot noir,— Merlot;
(c) wines originating in Romania, with a total alcoholic strength by
volume exceeding 15 % vol, without enrichment, designated
‘VSOC’ or ‘Vinuri de calitate superioara cu denumire de origine si
trepte de calitate’ and bearing one of the following geographic
indications:
— Cernavoda,— Cotnari,— Medgidia,— Murfatlar,— Nazarcea,— Pietroasa;
(d) wines originating in Canada, with an actual alcoholic strength of not
less than 7 % vol and a total alcoholic strength by volume exceeding
15 % vol, without enrichment, designated:
— by a geographical indication, and— by the term ‘Icewine’,under the conditions laid down by the legislation of the Provinces of
Ontario and British Columbia.
2. For the purposes of paragraph 1(a), (b), (c) and
"M1(d)3, the
official agency of the country of origin authorised to draw up document
V I 1 as referred to in this Regulation shall enter the following in box 15
of that document:
‘It is hereby certified that this wine meets the conditions laid down
in Article 68(1)(b)((i))((ii)) of Regulation (EC) No 1493/1999 and in
Regulation (EC) No 883/2001’.
The official agency shall authenticate this entry by affixing its stamp.!B
!M1
!B2001R0883 — EN — 17.05.2001 — 001.001 — 20
CHAPTER VII
DEFINITIONS OF CERTAIN PRODUCTS IN THE WINE
SECTOR ORIGINATING IN THIRD COUNTRIES
Article 34
Definitions
The definitions of the following products in the wine sector, originating
in third countries and falling within CN codes 2009 and 2004, shall be as
shown in Annex XI:
(a) fresh grape must with fermentation arrested by the addition of
alcohol;
(b) concentrated grape must;(c) rectified concentrated grape must;(d) liqueur wine;(e) sparkling wine;(f) aerated sparkling wine;(g) semi-sparkling wine;(h) aerated semi-sparkling wine;(i) wine of overripe grapes.
CHAPTER VIII
FINAL PROVISIONS
Article 35
Repeal
Regulations (EEC) No 3388/81, (EEC) No 3389/81, (EEC) No 3590/85,
and (EC) No 1685/95 and (EC) No 1281/1999 are hereby repealed.
Article 36
Entry into force
This Regulation shall enter into force on the day of its publication in the
Official Journal of the European Communities .
It shall apply from 1 February 2001.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.!B2001R0883 — EN — 17.05.2001 — 001.001 — 21
ANNEX I
!B2001R0883 — EN — 17.05.2001 — 001.001 — 22
ANNEX II
Product categories as referred to in Article 8(1)
Code Category
2009 60 11 9100
2009 60 19 9100
2009 60 51 9100
2009 60 71 9100
2204 30 92 9100
2204309691001
2204 30 94 9100
2204 30 98 91002
2204 21 79 9910
2204 29 62 9910
2204 29 64 9910
2204 29 65 99103
2204 21 79 9100
2204 29 62 9100
2204 29 64 9100
2204 29 65 91004.1
2204 21 80 9100
2204 29 71 9100
2204 29 72 9100
2204 29 75 91004.2
2204 21 79 9200
2204 29 62 9200
2204 29 64 9200
2204 29 65 92005.1
2204 21 80 9200
2204 29 71 9200
2204 29 72 9200
2204 29 75 92005.2
2204 21 83 9100
2204 29 83 91006.1
2204 21 84 9100
2204 29 84 91006.2
2204 21 94 9910
2204 21 98 9910
2204 29 94 9910
2204 29 98 99107
2204 21 94 9100
2204 21 98 9100
2204 29 94 9100
2204 29 98 91008!B2001R0883 — EN — 17.05.2001 — 001.001 — 23
ANNEX III
Product groups as referred to in Article 8(2)
Product code of the
agricultural product
nomenclature for export
refundsGroup
2009 60 11 9100
2009 60 19 9100
2009 60 51 9100
2009 60 71 9100A
2204 30 92 9100
2204 30 96 9100B
2204 30 94 9100
2204 30 98 9100C
2204 21 79 9100
2204 21 79 9200
2204 21 79 9910
2204 21 83 9100D
2204 21 80 9100
2204 21 80 9200
2204 21 84 9100E
2204 29 62 9100
2204 29 62 9200
2204 29 62 9910
2204 29 64 9100
2204 29 64 9200
2204 29 64 9910
2204 29 65 9100
2204 29 65 9200
2204 29 65 9910
2204 29 83 9100F
2204 29 71 9100
2204 29 71 9200
2204 29 72 9100
2204 29 72 9200
2204 29 75 9100
2204 29 75 9200
2204 29 84 9100G
2204 21 94 9910
2204 21 98 9910H
2204 29 94 9910
2204 29 98 9910I
2204 21 94 9100
2204 21 98 9100J
2204 29 94 9100
2204 29 98 9100K!B2001R0883 — EN — 17.05.2001 — 001.001 — 24
ANNEX IV
List of countries by zone of destination, as referred to in Article 9(6)
Zone 1: Africa
Angola, Benin, Botswana, British Indian Ocean Territory, Burkina Faso, Burundi,
Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo(Brazzaville), Côte d’Ivoire, Djibouti, Egypt, Equatorial Guinea, Eritrea, Ethiopia,
Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Kenya, Lesotho, Liberia, Libya,
Madagascar, Malawi, Mali, Mauritania, Mauritius, Mayotte, Mozambique,Namibia, Niger, Nigeria, Rwanda, Saint Helena and Dependencies, São Toméand Príncipe, Senegal, Seychelles, Sierra Leone, Somalia, Sudan, Swaziland,
Tanzania, Togo, Uganda, Zambia, Zimbabwe.
Zone 2: Asia and Australasia
Afghanistan, American Oceania, Australian Oceania, Bahrain, Bangladesh,
Bhutan, Brunei, Cambodia, China, Federated States of Micronesia, Fiji, French
Polynesia, Hong Kong, India, Indonesia, Iran, Iraq, Japan, Jordan, Kiribati,Kuwait, Laos, Lebanon, Macau, Malaysia, Maldives, Marshall Islands, Mongolia,Myanmar, Nauru, Nepal, New Caledonia and Dependencies, New Zealand, New
Zealand Oceania, North Korea, Northern Marianas, Oman, Pakistan, Papua New
Guinea, Philippines, Pitcairn, Qatar, Samoa, Saudi Arabia, Singapore, SouthKorea, Sri Lanka, Syria, Taiwan, Thailand, Tonga, Tuvalu, United Arab Emirates,Vanuatu, Vietnam, Wallis and Futuna, West Bank and Gaza Strip, Y emen.
Zone 3: Eastern Europe and the countries of the Community of Independent
States
Albania, Armenia, Azerbaijan, Belarus, Czech Republic, Estonia, Georgia,
Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Poland, Russia, Slovakia,
Tajikistan, Turkmenistan, Ukraine, Uzbekistan.
Zone 4: Western Europe:
Andorra, Ceuta and Melilla, Gibraltar, Faeroe Islands, Iceland, Liechtenstein,
Malta, Norway, San Marino, Vatican City.!
B2001R0883 — EN — 17.05.2001 — 001.001 — 25
ANNEX V
Notifications as referred to in Article 12(4)
!B2001R0883 — EN — 17.05.2001 — 001.001 — 26
ANNEX VI
List of countries as referred to in Article 22
— Iran
— Lebanon— People’ s Republic of China
— Taiwan
— India— Bolivia— Republic of San Marino!
B
!M1
!B2001R0883 — EN — 17.05.2001 — 001.001 — 27
ANNEX VII
V I 1 document as referred to in Article 24(1)
!B2001R0883 — EN — 17.05.2001 — 001.001 — 28
!B2001R0883 — EN — 17.05.2001 — 001.001 — 29
ANNEX VIII
Technical rules on V I 1 and V1 2 forms referred to in Articles 24 and 25
A. Printing of forms
1. The size of the forms is to be approximately 210 × 297 mm.
2. White paper sized for writing purposes weighing not less than 40
g/m2must be used.
3. Each form must bear the name and address or the mark of the
printer.
4. The forms are to be printed in one of the official Community
languages; in the case of V I 2 forms, the language of the form is to
be designated by the competent authorities of the Member State
where the form is to be stamped.
B. Completing the forms
1. The forms are to be completed in the language in which they are
printed.
2. Each form is to bear a serial number allocated:
— in the case of V I 1 forms, by the official body signing the
‘certificate’ part,
— in the case of V I 2 forms, by the customs office stamping
them.
3. The product description in box 6 of the V I 1 form and box 5 of the
V I 2 extract must be completed in accordance with Article 32 ofRegulation (EEC) No 2392/89.!
B2001R0883 — EN — 17.05.2001 — 001.001 — 30
ANNEX IX
List of countries as referred to in Article 24(2) and Article 26
— Australia
— United States of America!B2001R0883 — EN — 17.05.2001 — 001.001 — 31
ANNEX X
V I 2 document as referred to in Article 25(1)
!B2001R0883 — EN — 17.05.2001 — 001.001 — 32
!B2001R0883 — EN — 17.05.2001 — 001.001 — 33
ANNEX XI
Definitions referred to in Article 34
For the purposes of the provisions of this Regulation regarding importation:
(a) ‘fresh grape must with fermentation arrested by the addition of alcohol’
means a product which:
— has an actual alcoholic strength by volume of 12 % vol or more but less
than 15 % vol, and
— is obtained by adding a product derived from the distillation of wine to
unfermented grape must with a natural alcoholic strength by volume ofnot less than 8,5 % vol and derived exclusively from wine grape varieties
permitted in the third country of origin;
(b) ‘concentrated grape must’ means uncaramelised grape must which:
— is obtained by partial dehydration of grape must carried out by any
method authorised by the provisions of the third country of origin andnot prohibited by Community rules, other than by direct heat, in such away that the figure indicated by a refractometer, used in accordance with
the method prescribed in Annex XVIII to Regulation (EC) No 1622/2000
at a temperature of 20 °C, is not less than 50,9 %,
— is derived exclusively from wine grape varieties permitted in the third
country of origin, and
— is obtained from grape must with at least the minimum natural alcoholic
strength by volume laid down by the third country of origin for the
preparation of wine intended for direct human consumption; that
alcoholic strength may not be less than 8,5 % vol.
An actual alcoholic strength by volume of the concentrated grape must of not
more than 1 % vol shall be permissible;
(c) ‘rectified concentrated grape must’ means the liquid uncaramelised product
which:
(i) is obtained by partial dehydration of grape must carried out by any
method authorised by the provisions of the third country of origin and
not prohibited by Community rules, other than by direct heat, in such away that the figure indicated by a refractometer, used in accordance withthe method prescribed in Annex XVIII to Regulation (EC) No 1622/2000
at a temperature of 20 °C, is not less than 61,7 %;
(ii) has undergone treatment authorised by the provisions of the third country
of origin and not prohibited by any Community rules, for deacidificationand for eliminating constituents other than sugar;
(iii) has the following characteristics:
— a pH of not more than 5 at 25 ° Brix,— an optical density at 425 nm for a thickness of 1 cm of not more
than 0,100 in grape must concentrated at 25 ° Brix,
— a sucrose content undetectable by a method of analysis to be
defined,
— a Folin-Ciocalteau index of not more than 6 at 25 ° Brix,— a titratable acidity of not more than 15 milliequivalents per kilogram
of total sugars,
— a sulphur dioxide content of not more than 25 milligrams per
kilogram of total sugars,
— a total cation content of not more than 8 milliequivalents per
kilogram of total sugars,
— a conductivity at 25 ° Brix and 20 °C of not more than 120
micro-Siemens per centimetre,
— a hydroxymethylfurfural content of not more than 25 milligrams per
kilogram of total sugars,
— presence of mesoinositol;
(iv) is derived exclusively from wine grape varieties permitted in the third
country of origin, and!
B2001R0883 — EN — 17.05.2001 — 001.001 — 34
(v) is obtained from grape must with at least the minimum natural alcoholic
strength by volume laid down by the third country of origin for the
preparation of wine intended for direct human consumption; that
alcoholic strength may not be less than 8,5 % vol.
An actual alcoholic strength by volume of the concentrated rectified
grape must of not more than 1 % vol shall be permissible.
(d) ‘Liqueur wine’ means a product which:
— has an actual alcoholic strength by volume of not less than 15 % vol and
not more than 22 % vol and an overall alcoholic strength by volume ofnot less than 17,5 % vol, and
— is obtained from grape must in fermentation, or wine, or a combination
of these products, which must come from vine varieties permitted in thethird country of origin for the production of liqueur wine and have aninitial natural alcoholic strength by volume of not less than 12 % vol, and
by the addition:
(i) individually or in combination, of neutral alcohol of vine origin,
including alcohol produced by distilling dried grapes, having anactual alcoholic strength by volume of not less than 96 % vol, and of
wine or dried grape distillate, having an actual alcoholic strength by
volume of not less than 52 % vol and not more than 86 % vol,
(ii) together with one or more of the following products, where
appropriate:
— concentrated grape must,
— a combination of one of the products referred to in (i) with a
grape must or a grape must in fermentation.
However, certain quality liqueur wines for which the conditions of
production are recognised as being equivalent to those for a quality wine
psr and which appear on a list to be adopted may:
— have an overall alcoholic strength by volume of less than 17,5 % vol
but not less than 15 % vol where the legislation of the third country
of origin applicable thereto before 1 January 1985 expressly so
provided,
— be obtained from grape must with a natural alcoholic strength by
volume of less than 12 % vol but not less than 10,5 % vol;
(e) ‘sparkling wine’ means the product which:
— has an actual alcoholic strength by volume of not less than 8,5 % vol,— is obtained by the first or second alcoholic fermentation of fresh grapes,
grape must or wine, and
— when the container is opened, releases carbon dioxide derived
exclusively from fermentation and has an excess pressure, due to carbondioxide in solution, of not less than 3 bar when kept at a temperature of
20 °C in closed containers;
(f) ‘aerated sparkling wine’ means the product which:
— has an actual alcoholic strength by volume of not less than 8,5 % vol,— is obtained from wine,
— releases, when the container is opened, carbon dioxide derived wholly or
partially from an addition of that gas, and
— has an excess pressure, due to carbon dioxide in solution, of not less than
3 bar when kept at a temperature of 20 °C in closed containers;
(g) ‘semi-sparkling wine’ means a product which:
— has an actual alcoholic strength by volume of not less than 8,5 % vol,— has an excess pressure, due to endogenous carbon dioxide in solution, of
not less than 1 bar and not more than 2,5 bar when kept at a temperature
of 20 °C in closed containers;
(h) ‘aerated semi-sparkling wine’ means a product which:
— has an actual alcoholic strength by volume of not less than 8,5 % vol,
— has an excess pressure, due to carbon dioxide in solution which has been
added totally or partially, of not less than 1 bar and not more than 2,5 barwhen kept at a temperature of 20 °C in closed containers.!
B2001R0883 — EN — 17.05.2001 — 001.001 — 35
(i) ‘Wine of overripe grapes’ means a product which:
— has a natural alcoholic strength by volume of more than 15 % vol,— has a total alcoholic strength by volume of not less than 16 % vol and an
actual alcoholic strength of not less than 12 % vol,
— is prepared in the third country of origin from grapes of wine grape
varieties permitted in the third country of origin and harvested in thatcountry,
— has undergone ageing, where applicable.!
B2001R0883 — EN — 17.05.2001 — 001.001 — 36