2002R1491 — EN — 10.10.2002 — 001.001 — 1
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►B COMMISSIONREGULATION(EC)No1491/2002
of20August2002
laying down detailed rules for the application of the specific measures for wine in the outermost
regionsintroducedbyCouncilRegulations(EC)No1453/2001and(EC)No1454/2001
(OJ L 224, 21.8.2002, p. 49)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 1796/2002 of 9 October 2002 L 272 19 10.10.2002
▼B
COMMISSIONREGULATION(EC)No1491/2002
of20August2002
laying down detailed rules for the application of the specific
measures for wine in the outermost regions introduced by Council
Regulations(EC)No1453/2001and(EC)No1454/2001
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1453/2001 of 28 June
2001 introducing specific measures for certain agricultural productsfor the Azores and Madeira and repealing Regulation (EC) No 1600/92 (Poseima)(
1), and in particular Articles 9, 20 and 31 thereof,
Having regard to Council Regulation (EC) No 1454/2001 of 28 June
2001 introducing specific measures for certain agricultural products
for the Canary Islands and repealing Regulation (EC) No 1601/92
(Poseican)(2), as amended by Commission Regulation (EC) No 1195/
2002(3), and in particular Articles 12 and 13 thereof,
Whereas:
(1)Article 9 of Council Regulation (EC) No 1453/2001 provides for
the grant in Madeira and the Azores of flat-rate per hectare aidto encourage the continued cultivation of vines for the produc-
tion of quality wines psr in the traditional production areas.
(2)Articles 20 and 31 provide for the grant of certain aids for the
continued preparation and marketing of traditional liqueur wineswithin the limits of the requirements arising from the methodstraditionally used in Madeira, and for the ageing of ‘verdelho’
wine in the Azores.
(3)For Madeira, the scheme comprises aid for the purchase of recti-
fied concentrated musts in the rest of the Community, for thepurchase of wine alcohol, for the ageing of liqueur wines andfor the shipment and the marketing of these wines on the
Community market.
(4)Temporarily, pending the results of a study on supply costs, the
present amount of the aid for the purchase of rectified concen-trated musts and of the aid for the purchase of wine alcohol inMadeira should be continued.
(5)In the Azores, the scheme provides for aid for the ageing of‘verdelho’ wine requiring three years' ageing or more to be paideach year during three marketing years.
(6)With a view to the sound and straightforward management of the
aid scheme for the ageing of liqueur wines, provision should be
made for a contract to be concluded for a period of five yearsbetween the producers concerned and the competent body inMadeira.
(7)In the same spirit, aid payments must be spread evenly over the
period of performance of the contract and be made subject to the
lodging on one occasion only of a performance guarantee for areasonable amount.
(8)The flat-rate per hectare aid to encourage the continued cultiva-tion of vines for the production of quality wines psr in the
traditional production areas will be granted, on application, to
producer groups and producer organisations and, during a transi-tional period to be determined, to individual producers.
(9)Detailed rules should be laid down for the management of thesearrangements and for checks.2002R1491 — EN — 10.10.2002 — 001.001 — 2
(1) OJ L 198, 21.7.2001, p. 26.
(2) OJ L 198, 21.7.2001, p. 45.
(3) OJ L 174, 4.7.2002, p. 11.
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(10)These rules must cover the minimum information that must
appear in aid applications in order that areas given over to wine-
growing can be identified, together with the checks to be carriedout.
(11)To ensure the continuity of these aid schemes, provision shouldbe made for the detailed rules in this Regulation to apply from 1January 2002.
(12)The measures provided for in this Regulation are in accordancewith the opinion of the Management Committee for Wine,
HAS ADOPTED THIS REGULATION:
CHAPTER I
Scope
Article 1
This Regulation lays down detailed rules for the application of Articles
9, 20 and 31 of Council Regulation (EC) No 1453/2001 and Article 13of Council Regulation (EC) No 1454/2001.
CHAPTER II
Aid for the purchase of rectified concentrated musts and wine
alcoholinMadeira
Article 2
1. Producers established in the Madeira archipelago wishing to
qualify for aid for the purchase of rectified concentrated musts for usein wine-making to sweeten Madeira liqueur wines, or aid for thepurchase of wine alcohol, in accordance with Article 20(2) and (3) ofRegulation (EC) No 1453/2001, shall submit to the competent body, by
a date specified by the latter, and at the latest on 31 October, an appli-
cation containing at least the following:
— a copy of the contract for the purchase of rectified concentrated
musts or the purchase of wine alcohol in the rest of the Community,
— the quantity of rectified concentrated musts or wine alcohol for
which aid is requested, expressed in hectolitres and in % vol,
— the date of taking over of the musts or wine alcohol,— the date set for the start of the operations to prepare liqueur wines,
and the place at which these operations are to be carried out.
2. The amount of the aid shall be EUR 12,08 per hectolitre.
3. The aid for the purchase of rectified concentrated musts shall be
paid in respect of a maximum quantity of 3 600 hectolitres, and that forthe purchase of wine alcohol shall be paid in respect of a maximum
quantity of 8 000 hectolitres, in each marketing year.
Article 3
1. The competent body shall take all necessary steps to verify the
accuracy of the applications and check that the rectified concentrated
musts and the wine alcohol covered by the aid applications are actually
used in the proper way.
2. The competent body shall pay the aid to the producer before the
end of the wine year concerned, without prejudice to any delays causedby further checks.2002R1491 — EN — 10.10.2002 — 001.001 — 3
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CHAPTER III
AidfortheageingofMadeira liqueurwinesandAzoreswine
Article 4
1. Aid for the ageing of Madeira liqueur wines and Azores
‘verdelho’ wine, as provided for in Article 20(5) and Article 31 ofRegulation (EC) No 1453/2001, shall be paid in respect of all quanti-ties of wine which are placed in storage for the purpose of ageing on
the same date and which are aged for an uninterrupted period of five
years or more in the case of Madeira and three years in the case ofthe Azores.
2. Aid for the ageing of Madeira liqueur wines and Azores wine
shall be granted to producers in those regions who submit an applica-
tion to the competent body during the first two months of each year.
3. The aid shall be granted by priority for wines from the most
recent harvest. Applications in respect of wines produced duringprevious marketing years shall be accepted where the quantitativelimits laid down in Regulation (EC) No 1453/2001 are not reached,
with priority being given to the youngest wines.
4. Where the overall quantity for which applications are submitted
exceeds the quantitative limits laid down in Regulation (EC) No 1453/2001, a percentage reduction shall be applied. The total quantity ofproduct for which a producer submits an aid application may not
exceed that covered for the marketing year in question by a production
declaration as provided for in Commission Regulation (EC) No 1282/2001(
1).
5. The Portuguese authorities shall make known to the Commission:
— the overall quantities for which contracts have been concluded each
year,
— the detailed rules for the application of this paragraph.
6. Operators wishing to qualify for the aid scheme shall conclude
with the competent body an ageing contract for five or more years in
the case of Madeira, and for three or more years in the case of the
Azores.
7. Contracts shall be concluded on the basis of an aid application
submitted once only at the start of the period referred to above. Appli-cations shall contain at least the following:
(a) the name and address of the applicant producer;
(b) the number of lots covered by the ageing contract and precise parti-
culars of each lot (in particular the tank number, the quantity
stored, and the exact location);
(c) for each lot, the year of harvesting, the technical characteristics of
the liqueur wine concerned and, in particular, its total alcoholic
strength, actual alcoholic strength, sugar content, total acidity andvolatile acidity;
(d) for each lot, the method of packaging;
(e) for each lot, the first and last day of the storage period.
8. Correct performance of the ageing contract shall confer entitle-
ment to payment of the overall amount of the aid determined on thesigning of the contract. In Madeira, one third of the aid shall be paidin the first, third and fifth years of storage. In the Azores, one third ofthe aid shall be paid in each storage year.
9. Acceptance of the contract shall be subject to the lodging of a
performance guarantee covering the performance period for an amountcorresponding to 40 % of the overall amount of the aid. The guarantee2002R1491 — EN — 10.10.2002 — 001.001 — 4
(1) OJ L 176, 29.6.2001, p. 14.
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shall be lodged in accordance with Commission Regulation (EEC) No
2220/85(1).
10. The competent body shall ensure that the terms of the ageing
contract are observed by checking the producers' records and carrying
out on-the-spot inspections.
11. Performance guarantees shall be released when it is established
that the contract has been properly performed.
12. Where the competent body finds that the liqueur wine covered
by a contract is unsuitable for offer or delivery for direct humanconsumption, it shall terminate the contract.
Except in cases of force majeure , termination of the contract shall
entail the recovery of aid amounts paid and the forfeiture of the perfor-
mance guarantee. The circumstances of force majeure relied upon shall
be notified to the competent body within three working days followingthe date on which they occur.
CHAPTER IV
AidfortheshippingandmarketingofMadeirawine
Article 5
1. The aid referred to in Article 20(6) of Regulation (EC) No 1453/
2001 shall be granted upto and including the end of the 2005/06 wineyear.
2. Where the aid is applied for in respect of packs of less than one
litre, a reduction coefficient shall be applied to take account of the
volume of the bottle.
3. The aid shall be paid to shippers who submit an application to the
competent body in respect of each lot for the period laid down by thatbody. However, in the case of wine shipped and marketed from 1January 2002, applications shall be submitted from 30 September 2002.
4. The application shall contain at least the following:
— a copy of section 3 of the accompanying administrative document
(AAD), duly completed, with particulars of the consignor and the
recipient (name, address, country), the volume of wine dispatchedin litres equivalent, the customs code nomenclature, the stampofthe Madeira Wine Institute certifying the product and the stamp ofthe Madeira customs authorities certifying that the product has left
the territory,
— a copy of the invoice from the carrier/shipping agent showing the
final destination or the ocean bill of lading,
— a copy of the invoice to the buyer showing the volume in litres
equivalent, which must correspond to that shown on the AAD.
CHAPTER V
AidfortheproductionofqualitywinespsrinMadeira,theAzores
andtheCanaryIslands
Article 6
1. The aid provided for in Article 9 of Regulation (EC) No 1453/
2001 and in Article 13 of Regulation (EC) No 1454/2001 shall begranted only to areas which:
— have been entirely cultivated and harvested and on which all normal
cultivation work has been carried out, and
— whose produce is covered by harvest declarations as provided for in
Regulation (EC) No 1282/2001.2002R1491 — EN — 10.10.2002 — 001.001 — 5
(1) OJ L 205, 3.8.1985, p. 5.
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2. For the purposes of determining the producers to whom the aid is
to be granted:
— the transitional period referred to in Article 9(2) of Regulation (EC)
No 1453/2001 and Article 13(2) of Regulation (EC) No 1454/2001
for payment to individual producers shall expire on 31 July 2007,
— producer organisations shall be those referred to in Article 39 of
Regulation (EC) No 1493/1999(1). The Member States concerned
shall lay down the criteria which producer groups must meet to
qualify for the aid in question and shall notify the Commission
thereof.
Article 7
1. Applications for per hectare aid shall be submitted by the person
concerned to the competent authority during the period determined bythe latter and not later than 15 May each year in respect of thefollowing wine year. However, for the 2002/2003 wine year, applica-tions shall be submitted by 30 September 2002.
2. Aid applications shall contain at least the following:
(a) the name, first name and address of the winegrower, or wine-
growing groupor organisation;
(b) the areas cultivated for the production of quality wines psr, in
hectares and ares with the land register reference for those areasor information deemed to be equivalent by the body responsiblefor checking the areas;
(c) the grape variety used;
(d) an estimate of the production that may be harvested.
Article 8
After having established the actual harvest and the yield for the areas
concerned, the Member State shall pay the aid by 1 April of the wine
year for which the aid has been granted.
Article 9
The Member State shall notify the Commission by 30 April of the
areas for which an aid application has been submitted and for whichthe aid has actually been paid.
CHAPTER VI
General provisions
Article 10
Controlsandpenalties
1. The national authorities shall take all the steps necessary to
ensure that the conditions for granting the aid provided for in thisRegulation are observed.
2. Aid applications shall be checked in a manner which ensures
effective verification of compliance with the requisite conditions. TheMember States shall define suitable methods and means for verifyingeach support measure as well as the recipients who shall be subject to
checks. Wherever appropriate, Member States shall make use of the
integrated administration and control system introduced by CouncilRegulation (EEC) No 3508/92(
2), as last amended by Commission
Regulation (EC) No 495/2001.
3. Verification shall consist of administrative and on-the-spot
checks.2002R1491 — EN — 10.10.2002 — 001.001 — 6
(1) OJ L 179, 14.7.1999, p. 1.
(2) OJ L 335, 5.12.1992, p. 1.
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4. Administrative checks shall be exhaustive and shall include cross-
checks wherever appropriate, inter alia , with data from the integrated
administration and control system in order to avoid all unjustified
payments of aid.
5. Based on a risk analysis, the national authorities shall perform on-
the-spot controls by sampling on a number of aid applications underArticles 2, 5 and 6 representing at least 10 % of the quantities or 5 %of the areas subsidised.
6. All ageing contracts as provided for in Article 4 shall be checked
on the spot at the beginning, during and at the end of the contractualperiod.
7. Member States shall determine a system of penalties to be
imposed in the event of breaches of the obligations entered into and
the provisions applicable, and shall take all necessary steps to put the
system into operation. The penalties shall be effective, commensuratewith their purpose and have an adequately deterrent effect.
8. Any beneficiary found to have made a false declaration as a result
of serious negligence shall be excluded from all measures for the wine
sector under Poseima and Poseican for the calendar year in question.
Where a false declaration was made intentionally, the beneficiary shallbe excluded for the following year as well. This penalty shall applywithout prejudice to additional penalties provided for under nationalrules.
9. Where aid has been paid unduly, the competent authorities shall
take steps to recover the amounts paid, plus interest, calculated from
the date of payment of the aid to the actual date of recovery. Theinterest rate applied shall be that applied for similar recovery opera-tions under national law.
10. Aid recovered and, where appropriate, interest shall be paid to
the paying agencies or authorities and deducted by them from expendi-
ture financed by the European Agricultural Guidance and GuaranteeFund in proportion to the Community financing.
CHAPTER VII
Transitionalandfinalprovisions
Article 11
1. In respect of the wine year 2001/02, applications for the aid
referred to in Article 2 shall be submitted to the competent bodies no
later than 30 September 2002, while applications for the aid referred to
in Article 4 shall be submitted no later than 15 November 2002.
2. Without prejudice to Article 10, the competent bodies shall pay
the aid referred to in Articles 2 and 6 to producers and/or producer
groups before 31 December 2002 and, in the case of the aid referred
to in Articles 4 and 5, before a date determined by those bodies.
Article 12
Regulations (EEC) No 3233/92(1) and (EEC) No 3234/92(2) are
repealed.
Article 13
This Regulation shall enter into force on the day of its publication in
theOfficial Journal of the European Communities .
It shall apply from 1 January 2002.2002R1491 — EN — 10.10.2002 — 001.001 — 7
(1) OJ L 321, 6.11.1992, p. 11.
(2) OJ L 321, 6.11.1992, p. 16.▼M1
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This Regulation shall be binding in its entirety and directly applicable
in all Member States.2002R1491 — EN — 10.10.2002 — 001.001 — 8