1999R1621 — EN — 27.09.2001 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No1621/1999
of22July1999
layingdowndetailedrulesfortheapplicationofCouncilRegulation(EC)No2201/96asregardsaid
forthecultivationofgrapestoproducecertain varieties ofdriedgrapes
(OJ L 192, 24.7.1999, p. 21)
Amended by:
OfficialJournal
No page date
►M1 Commission Regulation (EC) No 2256/1999 of 25 October 1999 L 275 13 26.10.1999
►M2 Commission Regulation (EC) No 1880/2001 of 26 September 2001 L 258 14 27.9.2001
▼B
COMMISSIONREGULATION(EC)No1621/1999
of22July1999
layingdowndetailedrulesfortheapplicationofCouncilRegulation
(EC) No 2201/96 as regards aid for the cultivation of grapes to
producecertain varieties ofdriedgrapes
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to CouncilRegul ation (EC) No 2201/96 of 28 October
1996 on the common organisation of the markets in processed fruit andvegetable products (
1), as last amended by Regulation (EC) No 2199/
97 (2) and in particular Article 7(5) thereof,
Having regard to CouncilRegul ation (EC) No 2200/96 of 28 October
1996 on the common organisation of the market in fruit and
vegetables (3), as amended by Regulation (EC) No 1257/1999 (4), and
in particular Article 48 thereof,
(1) Whereas Article 7 of Regulation (EC) No 2201/96 introduced anaid scheme for specialised areas for growing certain varieties of
grapes for drying and specified that the aid was to be paid when
the grapes had been harvested and dried for processing; whereas,therefore, detailed rules for the application of the said schemeshould be laid down;
(2) Whereas under Article 7(3) of Regulation (EEC) No 2201/96 the
maximum guaranteed area under grapes cultivated and harvested
in the Community for drying for processing which, if exceeded,will entail a reduction in the aid for the following marketing yearshould be determined; whereas the said maximum area takesaccount of the average area cultivated in the Community in the1987/88, 1988/89 and 1989/90 marketing years;
(3) Whereas the purpose of the scheme is to support and structure thedried grapes industry and ensure the necessary degree ofspecialisation to that end; whereas, therefore, only those areasproducing fresh grapes for the production of dried grapes areeligible for the aid and whereas the aid is paid when the entire
production of fresh grapes obtained from the areas for which aid
is applied for has been dried for the production of dried grapes;
(4) Whereas the diversion of any of the fresh grapes, before drying, toother destinations must be excluded; whereas the destination ofthe product can be assured by means of a contract between the
producer and the processor concluded before the fresh grapes are
harvested for whatever destination and relating to the areas forwhich the aid will be applied for; whereas the administration andcontrolof this system can be effective if a computerised data baseis established and the producer organisations are involved in the
conclusion and management of contracts for their members;
(5) Whereas, moreover, in order to attain the requisite degree of
specialisation and prevent abuses, the aid must be granted to areaswhich have been adequately tended; whereas fixing a minimumyield to be observed and taking into account the characteristics of
each variety while, nonetheless, making allowance for exceptions
linked to exceptional conditions that may influence yieldsregardless of the care taken by the producer should ensure thatthis requirement is met;
(6) Whereas, in order to adapt the quality of supply to demand,
payment of the aid should be made conditional on obtaining a
product meeting minimum quality characteristics; whereas, asregards the processed product, for the sake of simplification, the1999R1621 — EN — 27.09.2001 — 002.001 — 2
(1) OJ L 297, 21.11.1996, p. 29.
(2) OJ L 303, 6.11.1997, p. 1.
(3) OJ L 297, 21.11.1996, p. 1.
(4) OJ L 160, 26.6.1999, p. 80.
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minimum characteristics and tolerances allowed should be those
contained in the UN/ECE standard recommended by the WorkingParty on standardisation of perishable produce and quality
development of the United Nations Economic Commission for
Europe; whereas, to ensure that a quality product is obtained, tobe registered in the database, producers and processors should berequired to have an adequate infrastructure enabling them toobtain, respectively, a raw material and a finished product of the
desired quality; whereas, to preserve the quality of the raw
materialand check its destination, the producer shoul d berequired to deliver the unprocessed dried grapes to the processorwithin a certain time limit;
(7) Whereas it should be laid down that Member States' checks are tocover a percentage of the applications for registration in thedatabase, of the information contained in contracts and of aidapplications and that irregularities are to be penalised; whereas,
for the system of checks to be effective it must apply, on the one
hand, to the areas cultivated and, on the other, to the quantitiesharvested and delivered under contracts;
(8) Whereas, as regards establishing the computerised database, atime limit of three years should be allowed; whereas to enableproducers and processors to adapt to the new requirements,certain transitional measures should be put in place;
(9) Whereas the provisions of this Regulation replace, with adjust-ments deemed appropriate in the light of experience gained, thoseof Commission Regulations (EEC) No 2911/90 of 9 October 1990laying down detailed rules of application for aid for theproduction of certain varieties of grapes for drying (
1), as last
amended by Regulation (EC) No 2614/95 (2), and (EEC) No 2347/
84 of 31 July 1984 on dried grapes eligible for production aid (3),
as last amended by Regulation (EC) No 2550/98 (4); whereas,
therefore, the said Regulations should be repealed;
(10) Whereas the measures provided for in this Regulation are inaccordance with the opinion of the Management Committee forProcessed Fruit and Vegetable Products,
HAS ADOPTED THIS REGULATION:
Article 1
1. For the purposes of this Regulation
(a) ‘specialised plots’ means areas planted with vines of the sultana,
black Corinth ( korinthiaki ) and muscatelvarieties, the totaloutput of
fresh grapes harvested being dried for processing into productsfalling within CN code ex 0806 20;
(b) ‘producer organisations’ means producer organisations as referred to
in Articles 11 and 13 of Regulation (EC) No 2200/96 or groups thathave been granted preliminary recognition under Article 14 of that
Regulation; such organisations take the place of their members for
all operations relating to the administration of the system of aid forthe cultivation of dried grapes;
(c) ‘individualproducers’ means producers who are not members of a
producer organisation for the purpose of cultivating grapes for the
production of dried grapes;
(d) ‘processor’ means any processing undertaking which manufactures
products falling within the CN code given in (a) above, with
appropriate facilities for storing and processing the dried grapes onthe holding (unprocessed dried grapes);1999R1621 — EN — 27.09.2001 — 002.001 — 3
(1) OJ L 278, 10.10.1990, p. 35.
(2) OJ L 268, 10.11.1995, p. 7.
(3) OJ L 219, 16.8.1984, p. 1.
(4) OJ L 228, 17.8.1988, p. 5.
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(e) ‘contracts’ means processing contracts which are binding on
individualproducers or producer organisations and processors.
Article 2
1. The maximum guaranteed Community area referred to in Article
7(2) of Regulation (EC) No 2201/96 shall be 53 000 hectares.
2. The marketing year for dried grapes referred to in Article 1(3) of
Regulation (EC) No 2201/96 shall run from 1 September to 31 August.
3. For the purposes of administering the aid scheme, a computerised
alphanumeric database known as a ‘database’, containing the informa-
tion referred to in Articles 4 and 8(4) shall be introduced. The system ofalphanumeric identification of plots shall be that used for the integratedsystem referred to in Article 4 of Council Regulation (EEC) No 3508/92 (
1) supplemented, where appropriate, to cover the wine-growing areas
covered by this aid scheme.
4. The reference charts referred to in Article 4(4) of Council
Regulation (EC) No 2392/86 (2) shall include areas under vines covered
by this aid scheme.
Article 3
1. Aid shall be granted for the cultivation of grapes on specialised
plots:
(a) which have been entered in the database;
(b) which have been entirely cultivated and harvested and the dried
production of which (unprocessed dried grapes) has been deliveredto a processor under contract;
(c) which produce a minimum yield equivalent to at least the following
quantities:
— 3 000 kilograms of unprocessed dried grapes in the case of
sultanas,
— 2 100 kilograms of unprocessed dried grapes in the case of
currants,
— 520 kilograms of unprocessed dried grapes in the case of the
muscatelvariety;
(d) the production of fresh grapes and unprocessed dried grapes from
which has been sorted in accordance with the nationalprovisionsreferred to in paragraph 4;
(e) which produce unprocessed dried grapes meeting the minimum
requirements set out in Annex I.
2. Notwithstanding the minimum yield requirement:
— where vines of the sultana and muscatel varieties have been infected
with phylloxera, the minimum yield required shall be equivalent to1 900 kilograms of unprocessed dried grapes during the five
marketing years following the entry into effect of this Regulation;
— where vines of the muscatelvariety have been infected with
phylloxera, the minimum yield required shall be equivalent to 300kilograms of unprocessed dried grapes during the five marketing
years following the entry into effect of this Regulation,
— in the case of vineyards replanted less than five years ago, Member
States may establish a lower minimum yield and shall notify the
Commission thereof,
— in the case of plots damaged by natural disasters, the Member States
shall reduce the quantities referred to in paragraph 2(c) by thepercentage of loss certified by the insurance agencies; for damage
not insured, the Member States shall determine the percentage
reduction in minimum yield for the affected regions and shall notifythe Commission thereof,1999R1621 — EN — 27.09.2001 — 002.001 — 4
(1) OJ L 355, 5.12.1992, p. 1.
(2) OJ L 208, 31.7.1986, p. 1.
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— where grapes are grown organically in accordance with Community
rules, the Member States may set a lower minimum yield and shallnotify the Commission thereof.
3. To ascertain whether the minimum yield has been complied with,
it shall be compared_with the average yield of each holding. Theaverage yield shall be calculated for each variety, taking into account thederogations contained in paragraph 2, on the basis of the quantity ofunprocessed dried grapes delivered by the holding in question to the
processors) or producer organisation. Quantities eliminated during
sorting shall not be taken into consideration.
4. The Member States shall adopt national provisions on the sorting
of fresh grapes before drying, fixing a maximum percentage to beeliminated which shall not exceed 10 % of the harvest, except in the caseof naturaldisasters. For dried grapes, the Member States may l ay down a
minimum percentage to be eliminated and establish arrangements for
checks on the destination of eliminated dried grapes.
Article 4
1. The Member States shall enter in the database, upon application,
the names of individualproducers, producer organisations andprocessors who satisfy the technicalrequirements for participating inthe aid scheme. These requirements shall include in particular the
conditions under which drying, storage and processing are carried out,
with a view to ensuring that the finished product is of satisfactoryphysicaland hygienic qual ity in accordance with CouncilDirective 93/43/EEC (
1).
Member States shall assign a unique number to each participant in the
scheme, where appropriate in accordance with the same principles as for
the integrated system.
2. Applications for registration as referred to in paragraph 1 shall be
submitted not later than one month before the beginning of themarketing year and in all cases before the signature of contracts underArticle 5.
Applicants shall include the following information in their applications:
(a) in the case of individualproducers and producer organisations:
— the totalarea of vineyard, expressed in hectares to two decimal
places, planted with the varieties referred to in Article 7(1) ofRegulation (EC) No 2201/96, broken down by plot, specifyingthe date of replanting, and by variety, and, in the case of the
sultana and muscatel varieties, by category, with, for each plot,
particulars enabling it to be identified and/or delimited,
— the specialised area, broken down by plot and by variety, using
the same references as the first indent,
— the estimated crop of unprocessed dried grapes,— the facilities available for ensuring that the grapes are dried on
the holding under satisfactory technical and hygiene conditions,
— in the case of producer organisations undertaking storage in
accordance with the fifth indent of Article 5(1), materialevidence of the existence of the facilities necessary for ensuringthat the unprocessed dried grapes are stored in stackable plastic
boxes under appropriate technicaland hygiene conditions;
(b) in the case of processors:
— the average quantity of raw materialpurchased and of finished
product obtained over the last three years or since commencingbusiness, with supporting invoices; particulars, in the form ofmaterialevidence, of the facil ities necessary for ensuring that theproducts are stored in stackable plastic boxes and processedunder satisfactory technicaland hygiene conditions,1999R1621 — EN — 27.09.2001 — 002.001 — 5
(1) OJ L 175, 19.7.1993, p. 1.
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— an undertaking to undergo the checks required for the
implementation of the aid scheme,
— an undertaking to process the products purchased into finished
products having the minimum characteristics set out in Annex II,
— an undertaking to keep detailed daily stock accounts of
movements of:
(i) raw materials purchased under contract and with particulars
of the sellers;
(ii) finished products sold with particulars of the buyers;
(iii) quantities of unprocessed dried products in stock;
(iv) quantities eliminated during sorting under national provi-
sions and proof of their destination.
3. Member States may:
— introduce additionalrequirements in order to make the checks easier,
— restrict application of paragraph 2 to new producers and to those who
have changes to declare to their most recent notification under thesecond subparagraph of paragraph 2.
Article 5
1. Contracts shall be concluded between individual producers or
producer organisations and processors entered in the database.
Contracts shall be concluded in respect of the whole marketing year, not
later than 1 August before the marketing year in question and contain:
— the database numbers of the contracting parties,
— particulars of the areas to which they relate, broken down by plot and
by variety, using the same references as those used for entry in thedatabase; the area and its breakdown by plot may not differ from orexceed the areas and plots notified under the first indent of Article
4(2)(a); they may be smaller,
— an estimate of the quantity of dried product (unprocessed dried
grapes) that will be obtained, indicating the foreseeable average
yield of the plots under the same variety or, in the case of the sultanaand muscatelvarieties, the same category,
— the price to be paid, broken down where applicable by variety and/or
quality; an undertaking to pay the price by bank or postal transfer,
— a requirement that the individualproducer or producer organisation
is to deliver to the processor, in stackable plastic boxes, immediatelyfollowing drying, the total harvested quantity of dried crop obtainedon the areas covered by the contract, less the quantities eliminated
during sorting; however, contracts drawn up with producer
organisations may stipulate that the dried product is to be storedby the producer organisation in stackable plastic boxes and thatdeliveries to the processor shall be spread over the marketing year.The producer organisation shall undertake to ensure satisfactory
storage conditions for preserving the quality of the dried product,
— an obligation on the processor to take over and store, in stackable
plastic boxes under appropriate conditions, all deliveries of
unprocessed dried grapes which meet the minimum qualityrequirements set out in Annex I;
— the compensation provided for if either contracting party fails to
fulfil its contractual obligations, particularly as regards payment ofthe price and the obligation to deliver and take delivery of the entirequantity obtained from the plots covered by the contract.
2. Contracts may contain a clause providing for the price referred to
in the fourth indent of paragraph 1 to be revised once or severaltimesbefore delivery of the product, but no later than 30 November. Thisrevision should be based on objective elements such as the world pricetrend and the quantity and quality of the product obtained; in the eventof disagreement, the original contract price shall remain valid.1999R1621 — EN — 27.09.2001 — 002.001 — 6
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3. Processors shall forward a copy of each contract to the competent
national authority within 10 working days following its conclusion andshall retain proof of having done so.
4. Where an organisation also acts as processor, contracts covering
the production of its members shall be regarded as having beenconcluded after the information contained in them has been forwarded tothe competent authority, within the period referred to in the secondsubparagraph of paragraph 1.
5. The Member States shall assign an identification number to each
contract.
They shall adopt additional provisions concerning contracts, in
particular as regards penalties in the event of failure to comply withthe contract price and failure to forward contracts in accordance withparagraphs 3 and 4.
Article 6
1. The total quantity of dried grapes on a holding must be delivered
to the processor or, where applicable, the producer organisation
responsible under the contract for providing storage, not later than 30November of the year of production.
2. Unprocessed dried grapes delivered to processors under contract
shall satisfy the minimum requirements shown in Annex I.
Compliance with these requirements shall be checked on the basis of
representative samples taken by the processor from the entire batch, in
agreement with the producer or producer organisation. The samples shallbe examined by both parties and the results of the verification shall berecorded. For the purposes of this paragraph, ‘batch’ means all the boxespresented at the same time by a producer or producer organisation fortaking over by the processor. The content of each batch must be uniform
and must contain only unprocessed dried grapes of the same origin and
the same variety.
3. The processor shall determine the place and rate of deliveries in
agreement with the producer.
4. Upon acceptance of a batch, a certificate of delivery shall be drawn
up detailing:
— the date and time of commencement of unloading,
— the identification number of the contract covering the batch,— the gross and net weight of the batch,— compliance of the batch with the minimum requirements set.
The certificate of delivery shall be drawn up in triplicate and signed by
the processor and the individualproducer or producer organisation. Eachcertificate shall bear an identification number.
The processor and individualproducer or producer organisation shal l
each keep a copy of the certificate of delivery. The processor shall send
a copy to the Member State within two working days for monitoring
purposes.
Article 7
1. Aid applications shall be submitted by individual producers or
producer organisations after delivery of the unprocessed dried grapes tothe processor and not later than 31 December of the year of productionof the grapes.
2. Aid applications shall contain at least the following information:
— the database number(s) and the specialised areas) to which the
application relates, using the same references as those referred to inthe first indent of Article 4(2)(a),
— the identification number(s) of the corresponding contract(s) or a
copy or copies thereof,1999R1621 — EN — 27.09.2001 — 002.001 — 7
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— the identification number(s) of the certificate(s) of delivery or a copy
or copies thereof,
— the quantity of unprocessed dried grapes produced and the yield per
hectare,
— a declaration that the entire quantity of grapes grown on the areas for
which aid is requested has been dried and delivered to theprocessor(s), less quantities eliminated during sorting.
3. The aid shall be paid on completion of the checks referred to in
Article 8 and by 31 May of the year following the year of harvest ofdried grapes at the latest.
However, producer organisations shall receive an advance equal to 70 %
of the aid after a documentary check on the information referred to inparagraph 2, by 31 January of the year following the year of harvest ofdried grapes at the latest.
Producer organisations shall transfer in full the advance and the balance
of the aid to their members within 15 days of receiving payment.Member States shall verify compliance with that time limit and shall
impose penalties in cases of abuse.
Article 8
1. Without prejudice to Title VI of Regulation (EC) No 2200/96, the
Member States shall carry out administrative and on-the-spot checks to
ensure that this Regulation is complied with.
In particular, they shall carry out:
1.1. administrative checks on 100 % of communications, contracts and
aid applications. Such checks shall relate to both the identificationof the applicant and the characteristics of the plots. They shallconsist of computerised cross-checks between wine-sector declara-
tions and those of other sectors qualifying for area aid and
declarations from previous years by the same applicant;
1.2. annualon-the spot checks on:
(a) the information contained in the database, covering at least:
(i) a sample equivalent to 5 % of the communications and at
least 5 % of the areas notified in accordance with the first
indent of Article 4(2)(a); samples shall be selected on the
basis of their representativeness and a risk analysis whichtakes into account:
— the results of cross-checking the information provided
by producers or producer organisations against the datain the vineyard register and the information collectedduring implementation of programmes to combat
phylloxera,
— the areas that have been notified and their geographical
distribution,
— where the second indent of Article 4(3) applies, new
producers and those who notify changes;
(ii) a sample equivalent to 5 % of the quantities notified in
accordance with the first indent of Article 4(2)(b); samplesshall be selected taking into account the storage andprocessing capacity declared by each processor and shall
cover at least one processing unit for each variety.
Checks shall cover, among other things, the compliance of the
finished product with the minimum characteristics laid down inAnnex II;
(b) compliance with the obligations arising under contracts; these
checks shall be made on a sample equivalent to 5 % of thecontracts and at least 5 % of the areas covered by contract;
(c) the information contained in aid applications; these checks shall
be made on a sample equivalent to 5 % of the aid applicationsand at least 5 % of the areas. The applications which are to be1999R1621 — EN — 27.09.2001 — 002.001 — 8
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checked on the spot shall be determined by the competent
authority taking into account.
— the number of plots and the total surface area,
— the results of cross-checking the information contained in
the applications against that contained in the data base andthe contracts,
— any changes compared with the previous year,
— findings made during checks carried out in previous years.
During the checks on aid applications the following shall also
be verified:
— actual compliance with the minimum yield; for the purposes
of this check, the national authorities shall verify deliveriesto processors and the quantities entered in the processors'stock accounts,
— actualdrying of the entire quantity harvested on the pl ots
covered by contracts; for the purposes of this check, thenationalauthorities shal ldraw up an estimate of the averageyield by production area and by variety or, in the case of the
sultana and muscatel varieties, by category; this average
yield shall be used for comparison,
— compliance with the minimum quality requirements;
(d) aid for replanting to combat phylloxera.
2. The on-the-spot check shall cover all plots on the holding planted
with varieties qualifying for aid and all the activities of processorsassociated with the varieties concerned, including those relating to
imported quantities.
3. Where a plot being checked belongs to several owners, the
truthfulness of the information entered in the database and in the aid
applications of the joint owners shall be checked.
4. The results of checks and the penalties applied shall be entered in
the database.
Article 9
1. Where the information provided by individualproducers or
producer organisations under Article 4(2)(a) is found to be inaccurate,penalties shall be imposed as follows:
(a) in the case of area discrepancies, paragraph 4 below shall apply by
analogy;
(b) in the case of significant discrepancies in the available infrastruc-
ture, the names of individualproducers or producer organisations
shall be removed from the database for the duration of the marketingyear concerned; they shall be reinstated not earlier than thefollowing marketing year on condition that they provide evidenceof having put in place the appropriate facilities and/or equipment.
2. Where the information provided by processors under Article
4(2)(b) is found to be inaccurate or commitments given under thoseprovisions are found not to have been fulfilled, penalties shall be
imposed as follows:
(a) in the case of significant discrepancies in the available infrastruc-
ture, the financial penalty shall be equivalent to the amount of aid
corresponding to the quantities processed during the marketing yearconcerned; in addition, the names of the processors shall be removedfrom the database for the marketing year in question; they shall bereinstated not earlier than the following marketing year on conditionthat they provide evidence of having put in place the appropriate
facilities;
(b) in the case of failure to fulfil commitments, in particular concerning
the quality of the finished product, including the product eliminatedby sorting and/or the keeping of detailed accounts, the penalty shallbe equivalent to the amount of aid corresponding to the quantitiesprocessed during the marketing year concerned.1999R1621 — EN — 27.09.2001 — 002.001 — 9
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3. Where it is found that the information contained in the contracts is
inaccurate or that commitments have not been complied with, penaltiesshall be imposed as follows:
(a) where an individualproducer or producer organisation fail s to
comply, in particular, with the obligation to deliver laid down in thefourth indent of Article 5(1), the aid shall not be paid or, if it hasbeen paid already, shall be recovered in accordance with Article 14
of Commission Regulation (EEC) No 3887/92 (
1);
(b) where processors have not agreed to take over the unprocessed dried
grapes delivered under contract, a financial penalty shall be imposed
equivalent to the aid amount corresponding to the areas concerned.
4. If irregularities are found during checks on aid applications,
penalties shall be imposed as follows:
(a) where the area actually determined is found to be greater than the
area for which aid is requested, the aid amount shall be calculated onthe basis of the area shown in the aid application.
If, on the other hand, the area actually determined during a check is
found to be smaller than that for which aid is requested, the aidamount shall be calculated on the basis of the area actually
determined minus, except in cases of force majeure , twice the excess
established where this is greater than 3 % or 0.2 hectares but notmore than 20 % of the area determined. Producer organisations shallreimburse the undue payment plus interest calculated in accordancewith paragraph 3(a).
Where the excess found exceeds 20 % of the area determined, no per
hectare aid shall be granted or, where aid has been paid already, it
shall be recovered in accordance with Article 14 of Regulation
(EEC) No 3887/92.
However, in the case of a false declaration made deliberately or
through serious negligence:
— the producer or producer organisation shall be excluded from
receiving aid for the marketing year in question, and
— in the case of a deliberate false declaration, from receiving aid
for the following marketing year.
The above reductions, shall not be applied if, in determining the
area, individualproducers or producer organisations can show thatthey have correctly taken as a basis the information accepted by the
competent authority.
For the purposes of this paragraph, ‘area determined’ means that for
which all the prescribed conditions have been met;
(b) if it is found that the minimum yield has not been complied with, the
names of the individualproducer or producer organisation and,
where applicable, the processor involved shall be removed from thedatabase for the duration of the marketing year in question and thefollowing marketing year;
(c) if it is found that the yield obtained, while greater than the minimum
yield, is nevertheless smaller than the average yield estimated by thenationalauthority for the geographicalarea concerned, the checkshall be extended to cover quantities sold by the individual producer
or producer organisation on the market in fresh grapes or for
winemaking. If this check and the check on the state of the vineyardreveal that all the quantities harvested on the plots for which aid isrequested have not been dried, the aid shall be reduced in proportionto the percentage of the quantities deflected. No aid shall be paid if
the quantities deflected account for more than 30 % of those
obtained. Where there is no proof of the quantities actually producedon the plots concerned, the deflected quantities shall be equal to thedifference between the quantities given in the aid application and thequantities calculated by applying the average yield established bythe authorities by geographicalarea and by variety.1999R1621 — EN — 27.09.2001 — 002.001 — 10
(1) OJ L 391, 31.12.1992, p. 36.
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5. In all cases where the aid has been paid unduly, Member States
shall recover the amounts concerned in accordance with Article 14 ofRegulation (EEC) No 3887/92.
Where an irregularity is discovered which relates to part of the area or
production of a producer or a producer organisation or to part of the
production taken over and/or processed by a processor, the penalties
shall be proportionate to the irregularity committed. They shall be atleast double the amount of the aid corresponding to the quantitiesinvolved in the irregularity.
Article 10
The following provisions of Regulation (EEC) No 3887/92 shall apply
to the checks and penalties contained in this Regulation:
— the last subparagraph of Article 6(3) in the case of significant
irregularities found in a region or part of a region,
— the first subparagraph of Article 6(7) for determining the area of
parcels,
— the first subparagraph of Article 8(1) in the case of late submission
of the application for registration in the database and/or the aidapplication,
— Article 11 for cases of force majeure and cases where the penalties
applicable are not imposed,
— Article 12 as regards the report on the inspection visit;
— Article 13 as regards refusal of the farmer to receive an inspection
visit,
— Article 14 as regards the rules for reimbursement of undue payments,
— Article 15.
Article 11
The Member States concerned shall notify to the Commission each year:
(a) before 1 October, on the basis of the information contained in the
database and contracts:
— the total vineyard area planted with varieties eligible for aid,
broken down by variety and, in the case of the sultana andmuscatelvarieties, by category,
— the specialised area intended for the production of dried grapes,
— the area covered by contracts for each variety and the total
number of contracts, differentiating between contracts concluded
with individualproducers and those concl uded with producerorganisations,
— the estimated crop of dried grapes for each variety,
— the number of producer organisations by type of recognition and
percentage of area covered by those organisations; their storagecapacity,
— the number of processors and their storage and processing
capacity,
(b) before 31 January:
(i) on the basis of the information contained in aid applications:
— the specialised area for each variety for which aid has been
requested by the producer organisations and individualproducers,
— the quantities of unprocessed dried grapes produced and the
average yield per hectare for each variety in the case ofproducer organisations and individualproducers,
— the number of hectares for which a yield reduction has been
officially granted by the competent authorities of theMember States under the fourth indent of Article 3(2).These areas shall be broken down by percentage reduction ofharvest and by type of damage for each production area;1999R1621 — EN — 27.09.2001 — 002.001 — 11
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(ii) on the basis of the information contained in applications for aid
for replanting:
— the areas that have received replanting aid for each variety in
the case of producer organisations and individualproducers,
showing the payments made for the first, second and thirdyears of replanting separately;
(c) before 1 September:
— the areas finally accepted as eligible for cultivation aid and
replanting aid for the current marketing year;
— the results of the checks, indicating any problems encountered.
Article 12
Processors engaged in the production of dried grapes involving the
artificialdrying of the grapes in their processing pl ant may be authorised
by the Member State to obtain their supplies of fresh grapes fromproducers or producer organisations receiving aid. To that end they mustsubmit a detailed programme of their planned purchases of fresh grapesand undergo the specialchecks which the Member State must arrange inorder to prevent abuses.
The Member States shall inform the Commission of the existence of
such requests and of the specialcontrolmeasures adopted.
Article 13
1. The Member States must have set up the database referred to in
Article 2(4) before the start of the 2002/03 marketing year. During the1999/2000, 2000/01 and 2001/02 marketing years, the obligation toregister in the database shall be replaced by an obligation to submit anapplication for registration in the database in accordance with Article
4(2) before 1 September 1999; the references relating to the area and
identification of plots shall be the land-registry references or otherindications recognised as equivalent by the body responsible for checkson the areas.
2. The following transitional measures shall apply in the marketing
years 1999/2000 to 2001/02:
(a) the Member States may decide that in the 1999/2000 marketing
year, forms of producer association existing before the entry intoforce of this Regulation take the place of their members for alloperations relating to the administration of the system of aid for the
cultivation of dried grapes if they submit an application for
preliminary recognition in accordance with Article 14 of Regulation(EC) No 2200/96 before 15 September 1999;
(b) applications for registration in the database as referred to in Article
4( l ) shall be admissible if the applicants, whether individualproducers, producer organisations or processors, undertake to fulfil
the conditions for their registration in the database, and in particular
those concerning conditions of drying, storage and processing beforethe start of the 2001/02 marketing year;
(c) the contracts referred to in Article 5 shall be signed between
producers or producer organisations and processors who have lodgedan application for registration in the database before the contracts
are concluded; contracts for the 1999/2000, 2000/01 and 2001/02
marketing years shall be concluded by 1 November 1999, 1September 2000 and 30 September 2001 respectively;
(d) the obligation to deliver and store unprocessed dried grapes in
stackable plastic boxes shall apply fully from the 2002/03 marketingyear.1999R1621 — EN — 27.09.2001 — 002.001 — 12
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However, for individualproducers, producer organisations and
processors who have benefited from the measures provided for inCouncilRegul ation (EC) No 399/94 (
1) this obligation shall apply to:
— at least 25 % of the quantities delivered and stored in the course
of the 1999/2000 marketing year,
— at least 50 % of the quantities delivered and stored in the course
of the 2000/01 marketing year,
— at least 75 % of the quantities delivered and stored in the course
of the 2001/02 marketing year;
(e) The time limit for delivery referred to in Article 6(l) for the 1999/
2000 marketing year shall be 31 December 1999. Until the start of
the 2001/02 marketing year processors may entrust the storage of thequantities they are unable to store themselves to individualproducers or producer organisations;
(f) The provisions of the second subparagraph of Article 9(4)(a) and of
Article 9(4)(c) shall apply from the 2002/03 marketing year.
Article 14
The Member States shall notify the Commission within two months of
the publication of this Regulation of the national measures taken toimplement it.
Article 15
Regulations (EEC) No 2911/90 and (EEC) No 2347/84 are hereby
repealed with effect from the 1999/2000 marketing year.
Article 16
This Regulation shall enter into force on the seventh day following its
publication in the Official Journal of the European Communities .
It shall apply as from the 1999/2000 marketing year.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.1999R1621 — EN — 27.09.2001 — 002.001 — 13
(1) OJ L 54, 25.2.1994, p. 3.▼M2
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ANNEX I
MINIMUMREQUIREMENTS
referred toinArticle3(1)(e)
1. Unprocessed sultanas must be obtained from grapes of the varieties (cultivars)
Vitisvinifera L.Apyrena .
Unprocessed currants must be obtained from grapes of the varieties (cultivars)
Vitisvinifera L.Black Corinth .
Unprocessed dried muscatelgrapes must be obtained from grapes of the
varieties (cultivars) Vitisvinifera L.muscatel .
2. When fresh, the grapes must satisfy the requirements in force for fresh grapes,
in particular as regards residues of plant health products; during drying they
must not be in direct contact with the soiland must be adequatel y protected
against pests. They must be cleared in advance, where appropriate by
screening, mainly to remove stalk fragments.
3. Unprocessed dried grapes must be:
1. dry, with a moisture content of not more than 31 % in the case of grapes
of the muscatelvariety and 14 % for other varieities;
2. sound, whole, properly formed and sufficiently well developed; of
practically uniform colouring;
3. of a pulp that is practically resilient and flexible, preventing hardening or
crystallisation of the dried grapes;
4. free from bruising caused by stalks or mishandling;
5. practically free from mould, rotting, fermentation or any other defect or
change harmfulto the qual ity or presentation of the product, even in an
inactive state;
6. practically free from living or dead insects or mites, irrespective of their
stage of development;
7. free from gravel, visible grit, metal fragments and other mineral impurities
or foreign matter;
8. free from visible or invisible residues of treatment products that are toxic
to humans;
9. practically free from stalks and other vine fragments;
10. free from foreign odours and tastes;11. free from sticky substances, irrespective of their cause;
12. easily removable when taken from the container used to transport or store
them;
13. transported and stored in stackable plastic boxes that are washed before
each use.
14. uniform in size as follows:
—unprocessed currants : size between 10 and 4 millimetres; and
sultanas : size between 11 and 4 millimetres,
—unprocessed dried grapes of the muscatel variety : size not exceeding
130 grapes per 100 grams.
4. The following tolerances are allowed:
1. Quality
DefectsTolerance
(% by
weight)
Unprocessed dried grapes of non-uniform colouring 12
Insufficiently ripe or insufficiently developed unprocessed
dried grapes4
Mouldy, rotten or fermented unprocessed dried grapes 4
Damaged, bruised or split unprocessed dried grapes 4
Unprocessed dried grapes containing crystallised sugar 10
Unprocessed dried grapes damaged by insects, mites or
other pests21999R1621 — EN — 27.09.2001 — 002.001 — 14
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DefectsTolerance
(% by
weight)
Unprocessed dried grapes containing visible foreign plant
matter1
2. Size
—unprocessed currants and sultanas :
— not more than 6 % by weight of grapes of a diameter of more than
10 millimetres in the case of currants and 11 millimetres in the case
of sultanas,
— not more than 2 % by weight of grapes of a diameter of less than 4
millimetres. The latter tolerance will be raised to 4 % in the case of
unprocessed dried grapes produced in Aegialia, Korinthia and the
Ionian Islands,
—unprocessed dried grapes of the muscatel variety : 10 % of grapes in a
batch not within the limit.1999R1621 — EN — 27.09.2001 — 002.001 — 15
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ANNEX II.
MINIMUMCHARACTERISTICSOFDRIEDGRAPES
referred tointhethirdindentofArticle 4(2)(b)
1.Definition
The dried grapes must be of the sultana or muscatel varieties or currants grown
fromVitisvinifera L.
2.Minimumrequirements
2.1. The dried grapes must be:
— whole,
— sound; produce affected by rotting or deterioration such as to make it
unfit for, consumption is excluded,
— free from living insects or mites whatever their stage of development,— free from abnormalexternalmoisture,
— free of foreign smell and taste (a slight smell of S0
2and a slight smell
and taste of oilare not considered abnormal ),
— and subject to the tolerances,
— clean, practically free from any visible foreign matter,— free from visible damage by insects, mites or other parasites,
— free from mould,
— free from immature and/or undeveloped berries,
— free from pieces of stem,
— free from pedicels, except for muscatel,— free from damaged berries (in seeded forms, normalmechanical
injury resulting from normal seeding operations is not considered
‘damage’)
— free from evident sugar crystals,
— free from extraneous vegetable matter.
2.2. The dried grapes must also:
— possess similar varietal characteristics,
— have a fairly good characteristic flavour, texture and colour,
— be prepared from fairly well matured grapes,
— be screened or sized,— they may have defects within the tolerance limits indicated under the
provisions concerning tolerances provided that the dried grapes retain
their essentialcharacteristics as regards generalappearance, qual ity,
keeping quality and presentation.
2.3. The condition of the dried grapes must be such as to enable them
— to withstand transport and handling, and
— to arrive in satisfactory condition at the place of destination.
3.Moisturecontend
The dried grapes must have a moisture content of not less than 13 % and not
more than 31 % for the Malaga/muscatel type, 23 % for seed-bearing varieties
and 18 % for seedless varieties and currants.
4.Tolerances
The tolerances in respect of quality allowed in each package for produce not
satisfying the requirements for the class indicated are as follows:1999R1621 — EN — 27.09.2001 — 002.001 — 16
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SEEDLESS
Permitted defectsTolerances for defective fruit
Percentage by
weightBy number
Pieces of stem (per kg) — 2,00
Pedicels (%) — 5,00
Immature and/or undeveloped berries 4,00
Berries having seeds in seedless types (%) 1,00
Mouldy 4,00 —
Insect damaged 1,00 —
Damaged 5,00 —Sugared 15,00 —
Extraneous vegetable material 0,03 —
Mineralimpurities 0,01 —
SEED-BEARING
Permtted defectsTolerances for defective fruit
Percentage by
weightBy number
Pieces of stem (per kg) — 2,00
Pedicels (%) — 5,00
Immature and/or undeveloped berries 2,00 —
Mouldy 4,00 —
Insect damaged 1,00 —
Damaged 5,00 —
Sugared 15,00 —
Extraneous vegetable material 0,03 —
Mineralimpurities 0,01 —
CURRANTS
Permitted defectsTolerances for defective fruit
Percentage by
weightBy number
Pieces of stem (per kg) — 1,00
Pedicels (%) — 3,00
Immature and/or undeveloped berries 1,50 —
Mouldy 4,00 —
Insect damaged 1,00 —Damaged 3,00 —
Sugared 15,00 —
Extraneous vegetable material 0,03 —
Mineralimpurities 0,01 —1999R1621 — EN — 27.09.2001 — 002.001 — 17