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"BCOMMISSION REGULATION (EEC) No 3233/92
of 5 November 1992
laying down detailed rules for implementing the specific wine sector aid arrangements for the
Azores and Madeira
(OJ L 321, 6.11.1992, p. 11)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EEC) No 3889/92 of 28 December 1992 L 391 50 31.12.1992
"M2 Commission Regulation (EEC) No 2192/93 of 28 July 1993 L 196 19 5.8.1993
"M3 Commission Regulation (EC) No 2537/95 of 30 October 1995 L 260 10 31.10.1995
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).1992R3233 — EN — 01.02.1995 — 003.001 — 1
COMMISSION REGULATION (EEC) No 3233/92
of 5 November 1992
laying down detailed rules for implementing the specific wine sector
aid arrangements for the Azores and Madeira
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community,
Having regard to Council Regulation (EEC) No 1600/92 of 15 June 1992
introducing specific measures for the Azores and Madeira relating to
certain agricultural products (1), and in particular Articles 23 and 29 (3)
thereof,
Having regard to Council Regulation (EEC) No 1676/85 of 11 June 1985
on the value of the unit of account and the conversion rates to be applied
for the purposes of the common agricultural policy (2), as last amended
by Regulation (EEC) No 2205/90 (3), and in particular Articles 2 (4) and
12 thereof,
Whereas Article 21 of Regulation (EEC) No 1600/92 introduces an aid
scheme to support production of Madeira liqueur wines within the limits
of the region’ s traditional requirements; whereas the scheme comprises
aid for the purchase of rectified concentrated must produced elsewhere
in the Community, aid for the purchase of vinous alcohol obtained from
Community distillation operations at a sum determined by tendering
procedure and aid for the ageing of liqueur wines paid over three wine
years in respect of wines whose ageing period is a minimum of five years
and paid each year for a maximum quantity of 20 000 hectolitres;
whereas the necessary detailed rules of application should be adopted;
Whereas, in order to supply Madeira with vinous alcohol; the conditions
for tendering for the supply operation should be defined; whereas the
tendering cover the determination of the price for purchasing alcohol
obtained from Community distillation operations under conditions which
do not disturb the Community market in alcohol and spirit drinks and
should cover delivery to Madeira; whereas provision should be made to
guarantee that the product is indeed used to produce liqueur wines in
Madeira;
Whereas, in order to ensure that the aid scheme for the ageing of liqueur
wines can be administered in a proper and uncomplicated manner,
contracts should be concluded between the interested producers and the
competent agency in Madeira for ageing the wine for at least five years;
whereas, in the same spirit, payment of the aid should be distributed
equally over the contract period and made contingent on the lodging on a
one-off performance security for a reasonable sum;
Whereas Articles 22 and 29 of Regulation (EEC) No 1600/92 introduce a
per hectare aid scheme in the Azores and Madeira for the continued
cultivation of vines for the production of quality wines psr in traditional
production zones; whereas the detailed rules needed to administer the
scheme and to ensure monitoring of the conditions adopted by the
Council should be laid down;
Whereas the rates to be used to convert into national currency the
amounts fixed pursuant to the above aid schemes should be determined;
whereas, in order to avoid the risk of monetary distortion, the rate to be
used should be closer to economic reality than the agricultural
conversion rate while respecting application of the correcting factor
referred to in Article 2 (2) of Regulation (EEC) No 1676/86; whereas
Article 3a of Commission Regulation (EEC) No 3152/85 (4), as last!B
(1) OJ No L 173, 27. 6. 1992, p. 1.
(2) OJ No L 164, 24. 6. 1985, p. 1.
(3) OJ No L 201, 31. 7. 1990, p. 9.
(4) OJ No L 310, 21. 11. 1985, p. 1.1992R3233 — EN — 01.02.1995 — 003.001 — 2
amended by Regulation (EEC) No 3237/90 (1), laying down detailed
rules for the application of Regulation (EEC) No 1676/85, provides for
the publication of such a rate;
Whereas the measures provided for by Regulation (EEC) No 1600/92 are
applicable from 1 July 1992; whereas the detailed rules in this
Regulation should be applicable from that date;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for Wine,
HAS ADOPTED THIS REGULATION:
TITLE I
Aid for the purchase of rectified concentrated musts for Madeira
Article 1
1. Producers located in the region of Madeira who wish to receive aid
for the purchase of rectified concentrated musts for use in vinification to
sweeten Madeira liqueur wines, pursuant to Article 21 (2) of Regulation
(EEC) No 1600/92, shall lodge with the competent agency prior to a date
determined by the latter but by 31 October at the latest an application
comprising at least the following:
— a copy of the purchase contract for rectified concentrated must of
Community origin,
— the quantity of rectified concentrated musts for which aid is
requested expressed in hectolitres and % by volume,
— the date of reception of the musts,— the starting date scheduled for making the wines and the place where
this is to be done.
2. The aid shall be
"M3ECU 12,08 3per hectolitre.
3. Aid shall be granted for a maximum quantity of 3 600 hectolitres per
marketing year.
Article 2
1. The competent agency shall take all the necessary steps to ensure the
accuracy of the applications and to check that the musts for which aid is
requested are used accordingly.
2. The competent agency shall pay the aid to the producer before the
end of the wine year in question, without prejudice to possible delays
caused by additional checks.
TITLE II
Aid for the purchase of vinous alcohol from intervention agencies
Article 3
1. For the purposes of Article 21 (3) of Regulation (EEC) No 1600/92,
the amount of the aid for the supply of vinous alcohol to the market in
liqueur wines in Madeira shall be determined periodically by invitations
to tender for the supply of neutral alcohol obtained from Community
wine distillation operations up to a limit of 7 000 hectolitres per wine
year.!B
(1) OJ No L 310, 9. 11. 1990, p. 18.1992R3233 — EN — 01.02.1995 — 003.001 — 3
2. The tender shall be for the determination of the price of purchasing
the neutral alcohol held by intervention agencies and obtained from
Community distillation operations and its delivery to Madeira for use in
the making of liqueur wines in accordance with the traditional methods
practised in the region.
3. Taking into account the tenders received, the Commission shall, in
accordance with the procedure referred to in Article 23 of Regulation
(EEC) No 1600/92, decide to:
— award the tenders, or— not award the tenders.4. Where the Commission decides to award a tender the successful
tenderer shall be the one making the highest bid. If bids are for the same
price the successful tenderer shall be decided by the drawing of lots.
5. The main factors determining the decision in accordance with
paragraph 3 shall be:
— the prices applicable to the purchase by the intervention agencies of
the alcohol obtained from Community distillation operations;
— the various costs associated with the supply;— the necessity not to disturb the Community market in alcohol and
spirit drinks.
6. The Commission shall inform the tenderers of the action taken as
regards their bids without delay by written telecommunication and shall
notify the Member States holding the alcohol and the successful tenderer
of its decision. In the event that the supply is awarded the Commission
shall notify the agency holding the alcohol and the competent agency for
verifying execution of the supply to Madeira of the identity of the
successful tenderer.
7. Within twenty days of the date of the notification awarding the
tender the successful tenderer shall supply proof to the agency holding
the alcohol that it has lodged the performance security with the
competent agency.
Article 4
The Annex to the Regulation opening the specific invitation to tender
shall act as the invitation to tender and shall contain the following
information:
— the formalities for submitting tenders and the information they
should contain,
— the use and final destination of the alcohol to be sold,— the amount of the performance security,— the Commission department to which tenders are to be addressed,— the address of the body holding the alcohol for the benefit of which
the above securities are to be lodged,
— the address of the store where the alcohol is being held,
— the time limits for removal of the alcohol from the stores and for its
use,
— the formalities for obtaining samples for analysis.
Article 5
1. All the alcohol must be removed from the intervention stores within
the time limit indicated in the invitation to tender.!B1992R3233 — EN — 01.02.1995 — 003.001 — 4
2. The alcohol shall be removed against presentation of a removal order
issued by the agency holding the alcohol after payment for the quantity
corresponding to the removal. The quantity shall be determined to the
nearest hectolitre of alcohol at 100 % vol. The removal order shall
indicate the time limit by which the removal of the alcohol from the
intervention agency’ s stores must be carried out.
3. Ownership of the alcohol for which a removal order is issued shall be
transferred on the date of issue of the order. From that date on the
successful tenderer shall bear all risks, in particular theft, loss or
destruction of the product; he shall also be liable for all storage and
financial costs relating to quantities which are not removed.
Article 6
1. The alcohol shall be supplied within the time limit indicated in the
invitation to except in the event of force majeure .
2. The performance security shall be released by the competent agency
once the successful tenderer has provided the proof required for that
purpose under Title V of Commission Regulation (EEC) No 2220/85 (1)
for the quantity removed.
3. Proof of performance shall be provided by production of a contract
of sale, commercial sales invoices or declaration of use of the alcohol in
question made out to an operator established in Madeira and indicating
that the product must be used for the making of Madeira liqueur wines by
traditional methods. The contract, invoices or declarations must be
stamped by the competent agency responsible for monitoring the
progress of this type of operation.
TITLE III
Aid for the ageing of Madeira liqueur wines
Article 7
1. Aid for the ageing of Madeira liqueur wines as provided for in
Article 21 (5) or Regulation (EEC) No 1600/92 shall be granted for
batches of liqueur wines produced by traditional methods in the region
whose ageing period is a minimum of five years. A batch is understood
to be a quantity of wine put into store on the same date for ageing
purposes whose ageing period continues uninterrupted for at least five
years.
2. Aid for the ageing of Madeira liqueur wines shall be granted to
producers in the region who make application to the competent agency in
the first two months of each year.
Such aid shall be paid on a priority basis in respect of wines of the most
recent harvest. Applications concerning wines produced in previous
harvest years shall be accepted where the quantity in question is less than
20 000 hl, priority consideration being given to the youngest wines.
If the total quantity for which applications are submitted is greater than
20 000 hl, a reduction percentage shall be applied.
The total amount of product in respect of which a producer submits an
aid application may not be greater than that which is the subject of the
production declaration operated in accordance with Commission
Regulation (EEC) No 3929/87 (2) for the wine year in question.
The Portuguese authorities shall notify to the Commission:— the total quantities for which contracts have been concluded each
year,!B
(1) OJ No L 205, 3. 8. 1985, p. 5.
(2) OJ No L 369, 29. 12. 1987, p. 59.!M11992R3233 — EN — 01.02.1995 — 003.001 — 5
— the rules for implementation of the provisions set out in this
paragraph.
3. Operators who wish to be eligible for the aid scheme shall conclude
an ageing contract for a minimum period of five years with the
competent agency.
The contract shall be concluded on the basis of an application for aid
submitted once at the beginning of the above period. The application
must state at least:
(a) the producer’ s name and address;
(b) the number of batches to which the ageing contract relates with a
precise identification of each batch (vat number, quantity stored,
precise location, etc);
(c) for each batch: the harvest year, the technical characteristics of the
liqueur wine (total alcoholic strength, actual alcoholic strength,
sugar content, total acidity, volatile acidity);
(d) for each batch: the nature of the containers,
(e) for each batch: indication of the first and last day of the storage
period.
4. Performance in accordance with the ageing contract shall confer the
right to payment of the total amount of aid determined at the time the
contract was signed. The aid shall be paid in instalments of one third of
the total during the first, third and fifth years of storage.
5. Acceptance of the contract shall be subject to the lodging of a
performance security for the contract period corresponding to 40 % of
the total amount of the aid. The security shall be lodged in accordance
with the provisions of Regulation (EEC) No 2220/85.
6. The competent agency shall verify compliance with the ageing
contract by means, in particular, of checks of the producer’ s records and
on-site inspections.
The performance security shall be released on confirmation that the
contract has been duly performed.
If the competent agency discovers that the liqueur wine which is the
subject of the contract is not fit to be offered or delivered for immediate
human consumption, it shall cancel the contract.
Except in the event of force majeure , such cancellation of the contract
shall entail the recovery of payments made and the seizure of the
performance security.
Where force majeure is invoked, such cases shall be notified to the
competent agency within three working days of their occurrence.
TITLE IV
Aid for the production of quality wines psr in Madeira and the
Azores
Article 8
The flat rate per hectare aid for continuing to cultivate vines suitable for
the production of quality wines psr provided for in Articles 22 and 29 of
Regulation (EEC) No 1600/92 shall be granted at the request of
vinegrowers or their groups or organizations for areas planted with vine
varieties suitable for the production of quality wines psr.
These areas must:(a) have been fully utilized and harvested and had all normal cultivation
work carried out;!M1
!B1992R3233 — EN — 01.02.1995 — 003.001 — 6
(b) have been covered by harvest and production declarations as
specified in Commission Regulation (EEC) No 3929/87;
(c) meet maximum yield requirements set by the Member State as
indicated in Article 22 of Regulation (EEC) No 1600/92.
Article 9
1. The application for the per hectare aid shall be lodged by the
interested party with the competent authority during the period fixed by
the latter and by 15 May at the latest of each year for the following wine
year. However, for the 1992/93 wine year applications shall be submitted
by 15 January 1993 at the latest.
2. The application shall state at least the following:(a) the name, first name and address of the producer, group or
organization;
(b) the areas cultivated for the production of quality wines psr, in
hectares and ares, with their land register reference or an indication
recognized as equivalent by the agency responsible for verification
of the areas;
(c) the grape variety used;
(d) an estimate of the potential crop.
Article 10
The Member State shall, after recording the actual harvest and yields on
the areas concerned, pay the aid prior to 1 April of the wine year for
which it is granted.
Article 11
The Member State shall notify the Commission by 30 April at the latest
of the areas for which aid applications were lodged and aid actually paid.
TITLE V
General provisions
Article 12
The rate to be applied for the conversion into national currency;
(a) of the aid for the purchase of rectified concentrated musts referred to
in Title I shall be the agricultural conversion rate applicable on the
date on which the product is taken over by the purchaser;
(b) of the aid for the supply of vinous alcohol held by the intervention
agencies referred to in Title II shall be that applicable on the day of
payment preceding the issue of the removal order referred to in
Article 5 (2);
(c) of the aid for the ageing of liqueur wines referred to in Title III shall
be, for the payment of each instalment, that applicable on the day of
payment of the aid instalment; for the lodging of the performance
security provided for in Article 7 (5), the rate to be used shall be that
applicable on 1 January each year;
(d) of the flat-rate per hectare aid referred to in Title IV shall be that
applicable on the first day of the wine year for which the aid is paid.!B
!M21992R3233 — EN — 01.02.1995 — 003.001 — 7
Article 13
1. Portugal shall ensure, by documentary investigation and on-the-spot
checks, that the information provided in support of aid applications is
accurate.
2. In cases where aid has been paid unduly the competent departments
shall recover the amounts paid, plus interest running from the date of
payment until that of actual recovery. The interest rate shall be that in
force for similar recovery operations under national law.
3. The aid recovered and any interest shall be made over to the paying
departments or agencies, which shall make a deduction proportionate to
the Community financing rate from the volume of expenditure financed
by the European Agricultural Guidance and Guarantee Fund.
Article 14
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 July 1992.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.!B1992R3233 — EN — 01.02.1995 — 003.001 — 8