This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No883/2001
of24April2001
laying down detailed rules for implementing Council Regulation (EC) No 1493/1999 as regards
tradewiththirdcountriesinproductsinthewinesector
(OJ L 128, 10.5.2001, p. 1)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 885/2001 of 24 April 2001 L 128 54 10.5.2001
►M2Commission Regulation (EC) No 812/2002 of 16 May 2002 L 132 14 17.5.2002
►M3Commission Regulation (EC) No 1574/2002 of 2 September 2002 L 235 10 3.9.2002
►M4Commission Regulation (EC) No 2380/2002 of 30 December 2002 L 358 117 31.12.2002
►M5Commission Regulation (EC) No 715/2003 of 24 April 2003 L 104 13 25.4.2003
►M6Commission Regulation (EC) No 1175/2003 of 1 July 2003 L 164 8 2.7.2003
►M7Commission Regulation (EC) No 1220/2003 of 7 July 2003 L 170 3 9.7.2003
►M8Commission Regulation (EC) No 2338/2003 of 30 December 2003 L 346 28 31.12.20032001R0883 — EN — 03.01.2004 — 008.001 — 1
▼B
COMMISSIONREGULATION(EC)No883/2001
of24April2001
laying down detailed rules for implementing Council Regulation
(EC) No 1493/1999 as regards trade with third countries in
productsinthewinesector
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 Arti-
cles 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 opera-tors in the Community and the authorities responsible forapplying Community rules, all those provisions should bebrought together in a single text, and the Commission Regula-
tions regarding subjects now covered by this Regulation should
be repealed, namely: Regulation (EEC) No 3388/81 of 27November 1981 laying down special detailed rules in respect ofimport and export licences in the wine sector (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 Regula-
tion (EC) No 2730/95(6); Regulation (EEC) No 3590/85 of 18
December 1985 on the certificate and analysis report requiredfor 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 Regula-tion (EEC) No 3388/81 laying down special detailed rules inrespect of import and export licences in the wine sector (
9), as
last amended by Regulation (EC) No 2512/2000 (10); and Regula-
tion (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 shouldadapt them to the new requirements of Regulation (EC) No1493/1999. Those rules should also be simplified and mademore coherent and certain gaps should be filled in.
(4)Commission Regulation (EC) No 1291/2000 lays down commondetailed rules for applying the system of import and export
licences and advance fixing certificates for agricultural
products (
12). Those rules should be supplemented by rules
specific to the wine sector, particularly as regards presenting2001R0883 — EN — 03.01.2004 — 008.001 — 2
(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.
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applications and the information which should appear in licence
applications and licences.
(5)Under Article 59(1) of Regulation (EC) No 1493/1999, allimports into the Community are subject to presentation of animport licence. The grant of all export refunds should be subjectto presentation of an export licence.
(6)To take account of changes in alcoholic strength as a result oflong journeys, particularly during loading and unloading of theproducts 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 2676/90of 17 September 1990 determining Community methods for theanalysis of wines(
1), as last amended by Regulation (EC) No
1622/2000 (2).
(7)If the system of import and export licences is to operatecorrectly, a certain minimum amount of information should begiven in the licences. It is therefore essential that the competentauthority 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 inthe country of origin or destination under certain circumstances.
(8)Experience has shown that a single licence should be allowed tocover the Common Customs Tariff subheadings relating toconcentrated grape juice and grape must, unconcentrated grapejuice and grape must and wine of freshgrapes.
(9)The period of validity of licences should reflect the practices anddelivery periods customary in international trade. In the case ofexport licences, that period should be shorter in order to preventspeculation in export licence applications.
(10)The third subparagraph of Article 59(2) of Regulation (EC) No1493/1999 provides that the issue of licences is conditional onthe provision of a security, which is forfeited in whole or inpart 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 infor-
mation concerning the quantities and products for which they
have issued import licences. It is desirable that such communica-tions should be sent weekly and should follow a uniform format.However, in order to ensure proper management of the market inwine, Member States should inform the Commission immedi-ately 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 negotia-tions. Precise rules should therefore be laid down on thelodging of applications and issue of licences.
(13)Past experience of applying the rules on the issue of exportlicences in the wine sector has shown that the quantities avail-able for export need to be better distributed throughout thewine year to ensure that they are not exhausted prematurely.The total quantity available each wine year should be divided
into two-monthperiods, eachsubject to management measures
providing in particular for quantities not used in one period tobe carried forward to the next.
(14)A period of reflection is needed at the beginning of each wineyear so that the market situation can be assessed with a view tofixing refund rates at appropriate levels. Accordingly, no export2001R0883 — EN — 03.01.2004 — 008.001 — 3
(1) OJ L 272, 3.10.1990, p. 1.
(2) OJ L 194, 31.7.2000, p. 1.
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licence applications should be submitted until 16 September of
eachyear.
(15)Article 4 of Commission Regulation (EC) No 800/1999 of 15April 1999 laying down common detailed rules for the applica-tion 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 thatthose products belong to the same category or product group tobe determined. Product groups as provided for in Article 4 ofRegulation (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 itmay take to ensure that the volume available for each period is
complied withaccording to th e product category and zone of
destination. In addition, to prevent certain exporters fromlodging speculative applications for quantities greatly exceedingtheir requirements and to prevent such practices from damagingexporters who apply for their real requirements, the volume
which any exporter may apply for should be restricted to the
quantity available for eachperiod.
(17)Decisions on export licence applications should be notified only
after a reflection period. That period should allow the Commis-
sion to assess the quantities applied for and the expenditureinvolved and to adopt any special measures which might haveto be applied to the applications concerned.
(18)In order to ensure that the arrangements function properly and toprevent 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 effi-ciency, a standard form should be used for communicationsbetween 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 dutiesdepends on the import price of the product, the actual amount ofthis price is verified either by checking every consignment or byusing 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, interms of bothvolume and frequency and th e places of importand the origin of these products, do not permit the calculationof 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 trans-port 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 eachwine 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 Statesshould take all necessary steps to perform the checks.
(24)In order to obtain a refund, exporters should be required toprovide proof that the products concerned meet the Communityquality standards, and to inform the competent authority of the2001R0883 — EN — 03.01.2004 — 008.001 — 4
(1) OJ L 102, 17.4.1999, p. 11.
(2) OJ L 14, 18.1.2001, p. 22.
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Member 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 wineproducts 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 effectivesupervision, to provide that Member States may not avail them-selves of that provision in the context of the refund system.
(25)In the case of deliveries for victualling ships and aircraft quali-fying for refunds, it is not always easy to obtain the necessarydocuments in good time, particularly in non-producer MemberStates, 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 disproportionate burdenin relation to the small quantities of table wines which normallymake up suchindividual deliveries for traders wh o do notemploy the procedure laid down in Article 26 of Regulation
(EC) No 800/1999 or in Council Regulation (EEC) No 565/80
of 4 March1980 on th e advance payment of export refunds inrespect 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 theimported products covered by that Article should be accompa-nied by a certificate and an analysis report issued by a body orservice 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 withth e certificate andanalysis report in the case of products which are imported fromthird countries in limited quantities and packed in smallcontainers. 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 arealready very small. In this case, to avoid deflection of trade, thewines must not only originate in those countries but must beimported from them.
(28)For the sake of harmonisation, the exemption from the require-ment to present a certificate and analysis report for wineproducts being imported into the Community should be in line
with the customs rules on exemption and the arrangements
applicable to documents accompanying consignments of wineproducts within the Community.
(29)Some third countries, having established an effective system forinspecting their wine producers, implemented by their bodies orservices, referred to in Article 68(1)(a) of Regulation (EC) No1493/1999, 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 thirdcountries, provided that they have concluded undertakings withthe Community which include clauses concerning closer coop-eration on the prevention of fraud and that they maintain goodtrade 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 servicesof the third countries, in a manner similar to that already allowed2001R0883 — EN — 03.01.2004 — 008.001 — 5
(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.
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for wines of Community origin, provided that they give appro-
priate assurances and exert proper control over the issue ofsuch 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 andlaboratories 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 productscan, 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 require-ments for their use should be laid down.
(32)The certificate and, where appropriate, the analysis reportrelating to eachconsignment of imported product sh ould be
checked in order to prevent fraud. To this end, the document(s)
must accompany eachconsignment until it is placed underCommunity control.
(33)To take commercial practice into account, where a consignment
of wine is split up, the competent authorities should be empow-
ered to have extracts of the certificate and the analysis reportdrawn up under their supervision to accompany each newconsignment resulting from the splitting.
(34)In view of the need to ensure swift and effective protection ofconsumers, it is essential to provide for the possibility ofsuspending the new arrangements before the end of the trialperiod 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 hasnot 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 oenolo-gical practices permitted in the Community. Moreover, wherean imported product has undergone enrichment, acidification ordeacidification, 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-growingzone whose natural production conditions are equivalent to thosein the region in which the imported product originates have beencomplied with.
(37)The task of the exporters and the authorities should be simplifiedby requiring a statement that the alcohol added to liqueur winesand wines fortified for distillation is of vinous origin to beincluded in the V I 1 document without requiring a separatedocument for this statement. For the same reason, the V I 1
document should be permitted to serve as the certificate testi-
fying to the designation of origin required for imports of wineseligible for a tariff reduction. However, no certificate or analysisreport is required in the case of some wines, provided a certifi-cate of designation of origin is presented. It should be permittedto 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, winesother 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 alcoholicstrengthby volume or th eir total acidity, exceeds or fails toreachcertain limit values. However, Article 68(2)(a) of th atRegulation provides for exceptions where a wine designated bya geographical indication has special quality characteristics.2001R0883 — EN — 03.01.2004 — 008.001 — 6
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(39)In the case of certain wines originating in Hungary and Switzer-
land, which have their own special quality and are produced in
limited quantities, the maximum total alcoholic strength or theminimum total acidity are exceeded or not attained, respectively,owing to special traditional production methods. The marketingof those wines on the Community market should be permitted.However, to ensure compliance withth e 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 importdocument introduced by this Regulation.
(40)When the agreements on the control and reciprocal protection ofwine names were concluded between the European Communityand 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 toRegulation (EC) No 1493/1999 can be applied only to productsobtained in the Community. It is therefore necessary for thecorresponding 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 aspossible 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 transi-
tional measures pending the introduction of definitive measuresfor 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 toprevent any interruption in trade in the products covered bythose provisions and by this Regulation, the latter should applyas from 1 February 2001.
(43)The measures provided for in this Regulation are in accordancewith the opinion of the Management Committee for Wine,
HAS ADOPTED THIS REGULATION:
CHAPTER I
IMPORTANDEXPORTLICENCES
Article 1
Commonimplementingrules
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 thelicences referred to in this Chapter.
Article 2
Informationgivenonthelicence
1. Where the Combined Nomenclature code specifies the alcoholic
strengthof a product, a tolerance of 0,4 % by volume sh all 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’
— ‘Tolerance 0,4 % vol’2001R0883 — EN — 03.01.2004 — 008.001 — 7
(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.
▼B
— ‘Toleranz 0,4 % vol’
—‘Ανοχή 0,4 % 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 inArticle 9(6) of this Regulation. Where the zone of destination is indi-cated, 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 shallcontain the entry: ‘zone X compulsory’. At the request of the partyconcerned, the country of destination may be replaced by anothercountry belonging to the same zone of destination.
3. Box 14 of import licence applications and import licences shall
show the name of the product in line with the definitions indicated inArticle 34 of this Regulation and Annex I to Council Regulation (EC)No 1493/1999, and the colour of the wine or must as ‘white’ or ‘red/rosé’.
4. Applicants may include in a single import licence application
products falling within more than one tariff code, by completing boxes15 and 16 of the application as follows:
(a) box 15: description of the product as given in the Combined
Nomenclature;
(b) box 16: CN codes.
The product description and CN codes entered on the application shall
also be entered on the import licence.
Member States may decide that on each application box 16 may show
only one tariff code.
Article 3
Periodofvalidity
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
fourthmonthfollowing th at 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 monthfollowing th at date, but may under no circumstancesremain valid beyond 31 August of the GATT year in progress.
Article 4
Securities
1. The security for import licences shall be:
(a) concentrated grape juice and must: EUR 2,5 per 100 kilograms or
per hectolitre,
(b) other grape juice and must: EUR 1,25 per 100 kilograms or per
hectolitre,
(c) all wines: EUR 1,25 per hectolitre.2001R0883 — EN — 03.01.2004 — 008.001 — 8
▼M7
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▼M7
▼M7
2. The security for export licences shall be EUR 8 per hectolitre for
products falling within CN codes 200969 11, 2009 6919, 2009 6951,2009 69 71, 2204 30 92 and 2204 3096 and EUR 2,5 per hectolitre for
other products.
Article 5
Communicationsonimportlicences
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 andcountries of origin of products for which import licences have beenissued during the preceding week, broken down by Combined Nomen-clature codes and the nomenclature codes of the countries for theCommunity 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 accord-ingly and shall communicate the quantities concerned, broken downby type of product.
CHAPTER II
SPECIAL EXPORT LICENCE ARRANGEMENTS UNDER THE
GATTAGREEMENTS
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 ofexport licences withadvance fixing of th e refund.
Article 7
Staggeringofthetotalquantityovertheyearandlodgingofappli-
cations
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 trans-
ferred to the following period within that year.
3. Export licence applications for the first period may be lodged
from 16 September onwards eachyear.
Article 8
Categoriesandgroupsofproducts
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.
2. The product groups referred to in the second indent of the first
subparagraphof Article 4(2) of Regulation (EC) No 800/1999 wh ichmay be entered on the licence application and licence in accordancewithth e fourthparagraphof Article 14 of Regulation (EC) No 1291/2000 are listed in Annex III hereto.2001R0883 — EN — 03.01.2004 — 008.001 — 9
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Article 9
Exportlicence applications
1. Applications for export licences may be lodged withth e compe-
tent authorities from Wednesday until 1 p.m. on the following Tuesday.
2. Export licence applications lodged for a period as referred to in
paragraph1 by a single exporter may not exceed a maximum quantityof 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 berejected by the body with which they were lodged.
Where the overall quantity still available for a zone is less than 30000
hectolitres, the body with which the applications are lodged shall
reduce the applications of exporters which exceed it to bring them inline withth e 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 applicationsuntil 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, althougha decision to extend suspension may be taken by the procedure laiddown 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 andsuspend 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 theapplication 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
theOfficial Journal of the European Communities . Prior to issue,
exporters may either withdraw their applications, in which case thesecurity referred to in Article 4(2) of this Regulation shall be releasedimmediately, or expressly accept the licence, in which case the licencemay be issued forthwith.2001R0883 — EN — 03.01.2004 — 008.001 — 10
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Article 10
Transferoflicences
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 forthe 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)
—Επιστροφή που ισχύει για …(ποσότητα για την οποία εκδί-
δεται το πιστοποιητικό) κατ 'ανώτατο όριο
— 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
CommunicationsfromMember 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 andTuesday, 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).
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 Regula-tion (EC) No 800/1999.
These notifications shall specify the quantities referred to in paragraph
1 and the refund rate.2001R0883 — EN — 03.01.2004 — 008.001 — 11
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3. Notifications under paragraph1 sh all specify:
(a) the quantity in hectolitres for each 12-digit product code of the
agricultural product nomenclature for export refunds. In the caseof licences issued for more than one 12-digit code in the sameAnnex II category 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
paragraph1(c).
If the refund rate is modified during the licence application period,
applications must be broken down for eachperiod h aving a differentrefund rate.
4. All notifications under paragraphs 1, 2 and 3, including ‘nil’ noti-
fications, shall be made using the model in Annex V.
Article 13
Commissiondecisions
1. If, in the light of notifications under Article 12(2)(a), an adequate
quantity becomes available again, the Commission may decide toreopen 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 annualcommitment level provided for in the Agreement for the GATT yearhave been used up and, when the time comes, of their exhaustion.
CHAPTER III
ENTRY PRICE ARRANGEMENTS FOR GRAPE JUICE AND
MUST
Article 14
Verification byconsignment
1. For products falling within CN codes 2009 69 and 2204 30 listed
in Annex I, part Three, section I, Annex 2 to the Common Customs
Tariff and subject to 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. Eachdeclaration may cover only goods ofone and the same origin falling within a single Combined Nomencla-
ture code.
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 tothe fob price of those products in their country of origin plus the costof insurance and transport to the place of entry to the Communitycustoms territory.2001R0883 — EN — 03.01.2004 — 008.001 — 12
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2. Where the import price cannot be determined on the basis of
paragraph 1 of this Article, the products referred to in Article 14 shallbe classed in the Combined Nomenclature on the basis of the customs
value determined in accordance withArticles 30 and 31 of Council
Regulation (EEC) No 2913/92 (
1).
CHAPTER IV
EXPORTREFUNDSINTHEWINESECTOR
Article 16
Frequency
Export refunds in the wine sector shall be reviewed periodically, at
least once eachwine 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 issuedby an official body of the producer Member State or the exportingMember State certifying that they meet the Community quality stan-dards 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 beprovided that the wine in question is a Community table wine orliqueur 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 producedin excess of the normal quantity, or the quantity of such wine inthe case of exports of wine resulting from coupage or blending;
(b) for concentrated grape must, the measurement recorded at a
temperature of 20 ºC by refractometer used in accordance withth e
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;2001R0883 — EN — 03.01.2004 — 008.001 — 13
(1) OJ L 302, 19.10.1992, p. 1.
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(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) No1622/2000, or from blending of table wines qualifying for differentrefund rates, the amount of the refund shall be calculated in proportion
to the quantities of table wine in the coupage or blend.
Article 19
ChecksbytheMember 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 winesof 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, withthe exception of paragraph 2(b) thereof, shall not apply to the tablewine supplies referred to in Article 36(1)(a) of Regulation (EC) No800/1999 for which the procedure referred to in Article 26 of the saidRegulation 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 ANALYSIS REPORTS FOR WINE,
GRAPEJUICEANDMUSTONIMPORT
Section1
General
Article 20
Documentsrequired
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 asingle 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
Contentsoftheanalysisreport
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;
(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 theVitis vinifera species).2001R0883 — EN — 03.01.2004 — 008.001 — 14
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Article 22
Exemptions
1. No certificate or analysis report need be presented for products
originating in and coming from third countries in labelled containersof not more than five litres fitted with a non-reusable closing devicewhere the total quantity transported, whether or not made up of sepa-rate 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 meaningof 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 ofArticle 29 of Regulation (EEC) No 918/83;
(c) wine and grape juice in labelled containers of not more than five
litres fitted witha 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 concernedare listed in Annex VI hereto;
(d) wine and grape juice forming part of the belongings of private indi-
viduals who are moving house;
(e) wine and grape juice for trade fairs as defined in the relevant provi-
sions of Regulation (EEC) No 918/83, provided that the products in
question are put up in labelled containers of not more than twolitres fitted witha non-reusable closing device;
(f) quantities of wine, grape must and grape juice imported for the
purpose of scientific and technical experiments, subject to amaximum 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 trans-
port as victualling supplies.
3. The case of exemption referred to in paragraph 1 may not be
combined withth e cases of exemption referred to in paragraph2.
Article 23
Exclusion
This Chapter shall not apply to Boberg liqueur wines accompanied by a
certificate of designation of origin.
Section2
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
VI1document
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 technicalrequirements set out in Annex VIII. It shall be signed by an officer of2001R0883 — EN — 03.01.2004 — 008.001 — 15
(1) OJ L 105, 23.4.1983, p. 1.
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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 notbe completed.
In the case of wine put up in labelled containers of a capacity not
exceeding 60 litres, fitted withnon-reusable closing devices, andprovided 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 inrespect of:
— the actual alcoholic strength by volume,
— the total acidity,
— the total sulphur dioxide content.
Article 25
Descriptionofdocuments
1. V I 1 forms shall comprise a typed or handwritten original and a
simultaneously produced copy, in that order. V I 2 forms shallcomprise 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 oranother 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 byequivalent technical means recognised by an official body. Handwrittenforms shall be completed in ink and in capital letters. No erasures oroverwriting 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 itsauthor and stamped, as the case may be, by the official agency, thelaboratory 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 whoseofficer signs the certificate and, in the case of V I 2 extracts, by thecustoms office which stamps them in accordance with Article 28(2)
and (3).
Article 26
Simplifiedprocedure
1. V I 1 documents drawn up by wine producers in the third coun-
tries listed in Annex IX which have offered special guarantees acceptedby the Community shall be considered as certificates or analysis reportsdrawn up by agencies and laboratories included in the list referred to inArticle 29 provided that the producers have received individualapproval from the competent authorities of those third countries and
are subject to inspection by the latter.
2. Approved producers as referred to in paragraph1 sh all 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 theform, 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.2001R0883 — EN — 03.01.2004 — 008.001 — 16
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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 thesubject of falsification likely to result in a health risk to consumers orof oenological practices not authorised in the Community.
2. Article 24(2) and Article 26 shall apply until 31 December 2005.
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 circula-tion the consignment to which they relate are carried out, oncompletion 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 theperson 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 authori-
ties 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 2form 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 parti-culars entered on the V I 2 extract agree with those entered on the V I2 form completed consecutively, and shall then stamp the latter, whichshall 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 thenew consignor and keep the copy of the document or previous extractfor at least five years.
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 1document 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 eachnewconsignment.
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 2form completed consecutively for eachnew consignment, and sh allthen 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 2extract together with the V I 1 document or the V I 2 extractpreviously completed to the person concerned and keep a copy ofeachof th ese documents for at least five years.
Article 29
Listofcompetentbodies
1. The Commission shall draw up and update lists containing the
names and addresses of the agencies and laboratories, and of the wineproducers authorised to draw up V I 1 documents, on the basis of noti-fications from the competent authorities of third countries. It shallpublish these lists in the ‘C’ series of the Official Journal of the
European Communities .2001R0883 — EN — 03.01.2004 — 008.001 — 17
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2. The notifications from the competent authorities of third countries
referred to in paragraph1 sh all contain:
(a) the names and addresses of the official agencies and laboratories
approved or appointed for the purpose of drawing up V I 1 docu-ments;
(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 thecompetent authorities of the third country concerned to provide theCommission 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
Indirectimports
In cases where a wine is exported from a third country in whose terri-
tory it was prepared (hereinafter: ‘the country of origin’) to anotherthird country (hereinafter: ‘the exporting country’), from which it isthen 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 upby the competent authorities of the country of origin, without havingto 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 firstsubparagraph refers and that it fulfils the conditions set out therein.
The original or a certified copy of the V I 1 document or equivalent of
the country of origin shall be attached to the V I 1 document of the
exporting country.
The only countries of origin for the purposes of this Article shall be
those appearing on the list, published under Article 29(1), of agencies
and laboratories that are appointed by third countries to complete the
documents that must accompany each consignment of imported wine.
Article 31
Conformityofoenological practices
1. Subject to Article 45 and Article 46(1)(a), (b) and (c) of Regula-
tion (EC) No 1493/1999 and the provisions adopted to implementthem, products originating in third countries may be offered or deliv-ered 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 withth e limitsspecified for the Community wine-growing zone in which the naturalproduction conditions are equivalent to those in the production regionin which they originate.
The assessment of the equivalence of production conditions shall be
conducted on the basis of proposals from the competent authorities ofthe third country concerned, in accordance with the procedure laiddown 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 paragraph1, they shall inform the Commission thereof without delay.2001R0883 — EN — 03.01.2004 — 008.001 — 18
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Article 32
Specialrulesforparticular 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 offi-cial agency as referred to in Article 29 has entered the following in box15:
‘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 testifyingto 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 designationof origin shown in box 6 in accordance with the provisions of thecountry of origin’.
The entry shall be accompanied by the information provided for in the
second subparagraphof paragraph1.
CHAPTER VI
ANALYTICAL 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, witha total alcoh olic strengthby
volume exceeding 15 % vol, without enrichment, designated:
(i) by the words ‘Tokaji Aszu’ or ‘Tokaji Aszu-eszencia’ or
‘Tokaji Eszencia’ or ‘Tokaji Szamorodni’; or
(ii) by the term ‘Kueloenleges Minoeségue bor’ (superior quality
wine), supplemented by a geographical indication and by oneof the following:
— ‘késöl szüretelésü bor’,
— ‘válogatott szüretelésü bor’,— ‘töppedt szölöböl készült bor’,— ‘aszubor’;
(b) wines originating in Switzerland that are comparable to quality
wines psr, have a total acidity expressed as tartaric acid of morethan 3 grams per litre, are compulsorily designated by a geogra-
phical indication 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, witha total alcoh olic strengthby
volume exceeding 15 % vol, without enrichment, designated‘VSOC’ or ‘Vinuri de calitate superioara cu denumire de origine2001R0883 — EN — 03.01.2004 — 008.001 — 19
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si trepte de calitate’ and bearing one of the following geographic
indications:
— Cernavoda,
— Cotnari,
— Medgidia,— Murfatlar,— Nazarcea,
— Pietroasa;
(d) wines originating in Canada, withan actual alcoh olic strengthof
not less than 7 % vol and a total alcoholic strength by volumeexceeding 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 BritishColumbia.
2. For the purposes of paragraph 1(a), (b), (c) and ►
M1(d)◄,t he
official agency of the country of origin authorised to draw up documentV 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 inRegulation (EC) No 883/2001’.
The official agency shall authenticate this entry by affixing its stamp.
CHAPTER VII
DEFINITIONS OF CERTAIN PRODUCTS IN THE WINE
SECTORORIGINATINGINTHIRDCOUNTRIES
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 beas shown in Annex XI:
(a) freshgrape must withfermentation arrested by th e 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 VIIa
SPECIFICPROVISIONSONEXPORTS
Article 34a
1. The Member States shall send the Commission the lists of official
or officially recognised bodies that they propose should issue attesta-tions proving that the wine in question meets the conditions for accessto the concessions provided for in the agreements with third countries.2001R0883 — EN — 03.01.2004 — 008.001 — 20
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2. The Commission shall act on behalf of the Community in
drawing up and exchanging, jointly with the third country concerned,the list of official bodies authorised to draw up the attestations referred
to in paragraph 1 and the equivalent certificate issued by the third
country concerned.
3. The Commission shall provide the list referred to in paragraph 2
in a form and on a medium that it deems suitable.
CHAPTER VIII
FINALPROVISIONS
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
Entryintoforce
This Regulation shall enter into force on the day of its publication in
theOfficial 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.2001R0883 — EN — 03.01.2004 — 008.001 — 21
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ANNEX I
2001R0883 — EN — 03.01.2004 — 008.001 — 22
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ANNEX II
PRODUCTCATEGORIESREFERREDTOINARTICLE8(1)
Code Category
200969119100
200969199100
200969519100
200969719100
220430929100
2204309691001
220430949100
2204309891002
220421799910
220429629910
220429649910
2204296599103
220421799100
220429629100220429649100
2204296591004.1
220421809100
220429719100
220429729100
2204297591004.2
220421799200
220429629200
220429649200
2204296592005.1
220421809200
220429719200
220429729200
2204297592005.2
220421839100
2204298391006.1
220421849100
2204298491006.2
220421949910
220421989910
220429949910
2204299899107
220421949100
220421989100
220429949100
22042998910082001R0883 — EN — 03.01.2004 — 008.001 — 23
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ANNEX III
PRODUCTGROUPSREFERREDTOINARTICLE8(2)
Product code of the agricultural product
nomenclature for export refundsGroup
200969119100
200969199100
200969519100
200969719100A
220430929100
220430969100B
220430949100
220430989100C
220421799100
220421799200
220421799910
220421839100D
220421809100
220421809200
220421849100E
220429629100
220429629200
220429629910
220429649100
220429649200
220429649910
220429659100
220429659200
220429659910
220429839100F
220429719100
220429719200
220429729100
220429729200
220429759100
220429759200
220429849100G
220421949910
220421989910H
220429949910
220429989910I
220421949100
220421989100J
220429949100
220429989100K2001R0883 — EN — 03.01.2004 — 008.001 — 24
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ANNEX IV
Listofcountriesbyzoneofdestination,asreferred toinArticle 9(6)
Zone1: Africa
Angola, Benin, Botswana, BritishIndian Ocean Territory, Burkina Faso,
Burundi, Cameroon, Cape Verde, Central African Republic, Chad, Comoros,
Congo (Brazzaville), Congo (Kinshasa), Côte d'Ivoire, Djibouti, Egypt, Equa-
torial 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 Tomé and Príncipe, Senegal, Seychelles, Sierra
Leone, Somalia, Sudan, Swaziland, Tanzania, Togo, Uganda, Zambia,
Zimbabwe.
Zone2: AsiaandAustralasia
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, NorthKorea, North ern Marianas, Oman, Paki-
stan, Palau, Papua New Guinea, Philippines, Pitcairn, Qatar, Samoa, Saudi
Arabia, Singapore, Solomon Islands, SouthKorea, Sri Lanka, Syria, Taiwan,
Thailand, East Timor, Tonga, Tuvalu, United Arab Emirates, Vanuatu, Vietnam,
Wallis and Futuna, West Bank and Gaza Strip, Yemen.
Zone 3: Eastern Europe and the countries of the Commonwealth of Inde-
pendentStates
Albania, Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan,
Latvia, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan.
Zone4: WesternEurope
Andorra, Ceuta and Melilla, Gibraltar, Faeroe Islands, Iceland, Liechtenstein,
Malta, Norway, San Marino, Vatican City.2001R0883 — EN — 03.01.2004 — 008.001 — 25
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ANNEX V
Notificationsasreferred toinArticle12(4)
2001R0883 — EN — 03.01.2004 — 008.001 — 26
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ANNEX VI
Listofcountriesreferred toinArticle 22
— Iran
— Lebanon— People's Republic of China— Taiwan— India— Bolivia— Republic of San Marino— Thailand— Indonesia.2001R0883 — EN — 03.01.2004 — 008.001 — 27
▼B
ANNEX VII
VI1documentasreferred toinArticle24(1)
2001R0883 — EN — 03.01.2004 — 008.001 — 28
▼B
2001R0883 — EN — 03.01.2004 — 008.001 — 29
▼B
ANNEX VIII
TechnicalrulesonVI1andV12formsreferred toinArticles24and25
A.Printingofforms
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/m2
must 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.Completingtheforms
1. The forms are to be completed in the language in which they are printed.2. Eachform is to bear a serial number allocated:
— in the case of V I 1 forms, by the official body signing the ‘certifi-
cate’ part,
— in the case of V I 2 forms, by the customs office stamping them.
3. The product description in box 6 of the VI 1 form and box 5 of the VI 2
extract must be completed in accordance withArticle 10 of Regulation
(EC) No 753/2002.2001R0883 — EN — 03.01.2004 — 008.001 — 30
▼M8
▼B
ANNEX IX
Listofcountriesasreferred toinArticle 24(2)andArticle 26
— Australia
— United States of America2001R0883 — EN — 03.01.2004 — 008.001 — 31
▼B
ANNEX X
VI2documentasreferred toinArticle25(1)
2001R0883 — EN — 03.01.2004 — 008.001 — 32
▼B
2001R0883 — EN — 03.01.2004 — 008.001 — 33
▼B
ANNEX XI
Definitionsreferred toinArticle34
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 witha natural alcoh olic strengthby volume of
not less than 8,5 % vol and derived exclusively from wine grape vari-
eties 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 and
not prohibited by Community rules, other than by direct heat, in such a
way 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 ºC, 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 alco-
holic 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 a
way 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 ºC, 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
deacidification and for eliminating constituents other than sugar;
(iii) has the following characteristics:
— a pH of not more than 5 at 25 º 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 º Brix,
— a sucrose content undetectable by a method of analysis to be
defined,
— a Folin-Ciocalteau index of not more than 6 at 25 º Brix,
— a titratable acidity of not more than 15 milliequivalents per kilo-
gram of total sugars,
— a sulphur dioxide content of not more than 25 milligrams per kilo-
gram of total sugars,
— a total cation content of not more than 8 milliequivalents per kilo-
gram of total sugars,
— a conductivity at 25 º Brix and 20 ºC 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
(v) is obtained from grape must withat least th e minimum natural alco-
holic 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.2001R0883 — EN — 03.01.2004 — 008.001 — 34
▼B
(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 of
not 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 the
third country of origin for the production of liqueur wine and have an
initial 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 an
actual 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 appro-
priate:
— 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 witha natural alcoh olic strengthby
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 exclu-
sively from fermentation and has an excess pressure, due to carbon
dioxide in solution, of not less than 3 bar when kept at a temperature
of 20 ºC 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 ºC 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 ºC 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
bar when kept at a temperature of 20 ºC in closed containers.
(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 vari-
eties permitted in the third country of origin and harvested in that
country,
— has undergone ageing, where applicable.2001R0883 — EN — 03.01.2004 — 008.001 — 35