COMMISSION DELEGATED REGULATION (EU) 2020/565

of 13 February 2020

correcting Delegated Regulation (EU) 2019/934 as regards transitional arrangements for the marketing of stocks of grapevine products

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 75(2) and 80(4) thereof,

Whereas:

(1) Commission Delegated Regulation (EU) 2019/934 (2) replaces and repeals Commission Regulation (EC) No 606/2009 (3). Following the publication of Delegated Regulation (EU) 2019/934, an error appearing in all language versions of the text was detected.

(2) The error concerns the transitional arrangements for the marketing of stocks of grapevine products laid down in Article 15 of Delegated Regulation (EU) 2019/934. Regulation (EC) No 606/2009 applied until 6 December 2019. Delegated Regulation (EU) 2019/934 entered into force on 27 June 2019. In order to allow operators sufficient time to adapt to the new rules, it was decided to set the date of application of that Regulation to 7 December 2019.

(3) The transitional arrangements provided for in Article 15 of Delegated Regulation (EU) 2019/934 were therefore intended to allow grapevine products produced in compliance with Regulation (EC) No 606/2009 before the date of application of Delegated Regulation (EU) 2019/934 to be placed on the market. Article 15, however, references the date of entry into force of Delegated Regulation (EU) 2019/934 instead of referring to the date of application of that Regulation. This has the unintended consequence that the grapevine products of the new harvest 2019, produced in accordance with Regulation (EC) No 606/2009, may not be marketed if they were produced on or after the date of entry into force.

(4) To allow the marketing of grapevine products produced in accordance with Regulation (EC) No 606/2009 between 27 June and 6 December 2019, the transitional arrangements laid down in Article 15 of Delegated Regulation (EU) 2019/934 should be corrected in order to cover that period.

(5) Delegated Regulation (EU) 2019/934 should therefore be corrected accordingly.

(6) The error in Delegated Regulation (EU) 2019/934 requires a correction to allow for the marketing of grapevine products produced between 27 June and 6 December 2019. For that reason, this Correcting Regulation should apply retroactively from 27 June 2019,

HAS ADOPTED THIS REGULATION:

Article 1 Article 15 of Delegated Regulation (EU) 2019/934 is replaced by the following: ‘Article 15 Transitional arrangements Stocks of grapevine products produced before the date of application of this Regulation in accordance with the rules in force before that date may be released for human consumption.’.

Article 2 This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union. It shall apply from 27 June 2019.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 13 February 2020. For the Commission The President Ursula VON DER LEYEN

(1) OJ L 347, 20.12.2013, p. 671.

(2) Commission Delegated Regulation (EU) 2019/934 of 12 March 2019 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards wine-growing areas where the alcoholic strength may be increased, authorised oenological practices and restrictions applicable to the production and conservation of grapevine products, the minimum percentage of alcohol for by-products and their disposal, and publication of OIV files (OJ L 149, 7.6.2019, p. 1).

(3) Commission Regulation (EC) No 606/2009 of 10 July 2009 laying down certain detailed rules for implementing Council Regulation (EC) No 479/2008 as regards the categories of grapevine products, oenological practices and the applicable restrictions (OJ L 193, 24.7.2009, p. 1).