Commission Regulation (EC) No 1621/1999 of 22 July 1999 laying down detailed rules for the application of Council Regulation (EC) No 2201/96 as regards aid for the cultivation of grapes to produce certain varieties of dried grapes
Date: 1999-07-22
Institutions: European Commission
Subjects: database, dried product, grape, production aid, terms for aid

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Official Journal of the European Communities

L 192/21

COMMISSION REGULATION (EC) No 1621/1999

of 22 July 1999

laying down detailed rules for the application of Council Regulation (EC) No 2201/96 as regards aid
for the cultivation of grapes to produce certain varieties of dried grapes

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 2201/96 of 28
October 1996 on the common organisation of the markets in
processed fruit and vegetable products (1), as last amended by
Regulation (EC) No 2199/97 (2) and in particular Article 7(5)
thereof,

Having regard to Council Regulation (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 intro-
duced an aid 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 scheme
should 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 year should be
determined; whereas
the said maximum area takes
account of the average area cultivated in the Community
in the 1987/88, 1988/89 and 1989/90 marketing years;

(3) Whereas the purpose of the scheme is to support and
structure the dried grapes industry and ensure the neces-
sary degree of specialisation to that end; whereas, there-
fore, only those areas producing fresh grapes for the
production of dried grapes are eligible 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, to other destinations must be excluded; whereas
the destination of the 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 for which

(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.

the aid will be applied for; whereas the administration
and control of this system can be effective if a compu-
terised data base is established and the producer organ-
isations 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 areas which have been adequately tended;
whereas fixing a minimum yield 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
the care taken by the producer
yields regardless of
should ensure that this 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 char-
acteristics; whereas, as regards the processed product, for
the sake of simplification, the minimum characteristics
and tolerances allowed should be those contained in the
UN/ECE standard recommended by the Working Party
on standardisation of perishable produce and quality
development of the United Nations Economic Commis-
to ensure that a quality
sion for Europe; whereas,
product is obtained, to be registered in the database,
producers and processors should be required to have an
adequate infrastructure enabling them to obtain, respec-
tively, a raw material and a finished product of the
desired quality; whereas, to preserve the quality of the
raw material and check its destination, the producer
should be required to deliver the unprocessed dried
grapes to the processor within a certain time limit;

(7) Whereas it should be laid down that Member States’
checks are to cover a percentage of the applications for
registration in the database, of
information
contained in contracts and of aid applications 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 quant-
ities harvested and delivered under contracts;

the

(8) Whereas, as regards establishing the computerised data-
base, a time limit of three years should be allowed;
whereas to enable producers and processors to adapt to
the new requirements, certain transitional measures
should be put in place;

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(9) Whereas the provisions of this Regulation replace, with
adjustments deemed appropriate in the light of experi-
ence gained, those of Commission Regulations (EEC) No
2911/90 of 9 October 1990 laying down detailed rules
of application for aid for the production of certain vari-
eties of grapes for drying (1), as last amended by Regula-
tion (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,
should be
repealed;

the said Regulations

therefore,

shall be introduced. The system of alphanumeric identification
of plots shall be that used for the integrated system referred to
in Article 4 of Council Regulation (EEC) No 3508/92 (5)
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 (6) shall include areas under vines
covered by this aid scheme.

(10) Whereas the measures provided for in this Regulation
are in accordance with the opinion of the Management
Committee for Processed Fruit and Vegetable Products,

Article 3

Aid shall be granted for the cultivation of grapes on

1.
specialised plots:

HAS ADOPTED THIS REGULATION:

(a) which have been entered in the database;

Article 1

1.

For the purposes of this Regulation

(a) ‘specialised plots' means areas planted with vines of the
sultana, black Corinth (korinthiaki) and muscatel varieties,
the total output of fresh grapes harvested being dried for
processing
falling within CN code
ex 0806 20;

products

into

(b) ‘producer organisations' means producer organisations as
referred to in Articles 11 and 13 of Regulation (EC) No
2200/96 or groups that have been granted preliminary
that Regulation; such
recognition under Article 14 of
organisations take the place of their members for all opera-
tions relating to the administration of the system of aid for
the cultivation of dried grapes;

(c) ‘individual producers' 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 manu-
factures products falling within the CN code given in (a)
above, with appropriate facilities for storing and processing
the dried grapes on the holding (unprocessed dried grapes);

(e) ‘contracts' means processing contracts which are binding
on individual producers or producer organisations and
processors.

Article 2

The maximum guaranteed Community area referred to in
1.
Article 7(2) of Regulation (EC) No 2201/96 shall be 53 000
hectares.

The marketing year for dried grapes referred to in Article
run from

2.
1(3) of Regulation (EC) No 2201/96 shall
1 September to 31 August.

3.
For the purposes of administering the aid scheme, a
computerised alphanumeric database known as a ‘database',
containing the information referred to in Articles 4 and 8(4)

(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.

(b) which have been entirely cultivated and harvested and the
dried production of which (unprocessed dried grapes) has
been delivered to 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 muscatel variety;

(d) the production of

fresh grapes and unprocessed dried
grapes from which has been sorted in accordance with the
national provisions referred 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 to 1 900 kilograms of unprocessed dried
grapes during the five marketing years following the entry
into effect of this Regulation;

— where vines of the muscatel variety have been infected with
phylloxera, the minimum yield required shall be equivalent
to 300 kilograms 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 the percentage of loss certified by the
insurance agencies; for damage not insured, the Member
reduction in
States
minimum yield for the affected regions and shall notify the
Commission thereof,

shall determine

the percentage

(5) OJ L 355, 5.12.1992, p. 1.
(6) 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 shall notify the Commission thereof.

To ascertain whether

the minimum yield has been
3.
complied with, it shall be compared_with the average yield of
each holding. The average yield shall be calculated for each
variety, taking into account the derogations contained in para-
graph 2, on the basis of the quantity of unprocessed dried
grapes delivered by the holding in question to the processors)
or producer organisation. Quantities eliminated during sorting
shall not be taken into consideration.

fresh grapes before drying,

4.
The Member States shall adopt national provisions on the
fixing a maximum
sorting of
percentage to be eliminated which shall not exceed 10 % of the
harvest, except in the case of natural disasters. For dried grapes,
the Member States may lay down a minimum percentage to be
eliminated and establish arrangements for checks on the desti-
nation of eliminated dried grapes.

Article 4

the names of

The Member States shall enter in the database, upon
1.
application,
individual producers, producer
organisations and processors who satisfy the technical require-
ments for participating in the 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
satisfactory physical and
is of
hygienic quality in accordance with Council Directive 93/
43/EEC (1).

the finished product

Member States shall assign a unique number to each partici-
pant 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 begin-
ning of the marketing year and in all cases before the signature
of contracts under Article 5.

Applicants shall
applications:

include the following information in their

(a) in the case of individual producers and producer organ-

isations:

— the total area of vineyard, expressed in hectares to two
decimal places, planted with the varieties referred to in
Article 7(1) of Regulation (EC) No 2201/96, broken
down by plot, specifying the 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,

(1) OJ L 175, 19.7.1993, p. 1.

— in the case of producer organisations undertaking
storage in accordance with the fifth indent of Article
5(1), material evidence of the existence of the facilities
necessary for ensuring that
the unprocessed dried
grapes are stored in stackable plastic boxes under
appropriate technical and hygiene conditions;

(b) in the case of processors:

— the average quantity of raw material purchased and of
finished product obtained over the last three years or
since commencing business, with supporting invoices;
particulars,
in the form of material evidence, of the
facilities necessary for ensuring that the products are
stored in stackable plastic boxes and processed under
satisfactory technical and hygiene conditions,

— 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

provisions and proof of their destination.

3. Member States may:

— introduce additional requirements 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 the second subparagraph of paragraph 2.

Article 5

1.
Contracts shall be concluded between individual produ-
cers 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 the database; the area and its breakdown
by plot may not differ from or exceed 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 foresee-
able average yield of the plots under the same variety or, in
the case of the sultana and muscatel varieties, the same
category,

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— 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,

Unprocessed dried grapes delivered to processors under
2.
contract shall satisfy the minimum requirements shown in
Annex I.

immediately following drying,

— a requirement that the individual producer or producer
in stackable
organisation is to deliver to the processor,
plastic boxes,
the total
harvested quantity of dried crop obtained on 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
stored by the producer organisation in stackable plastic
boxes and that deliveries 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 quality requirements set out in Annex I;

— the compensation provided for if either contracting party
fails to fulfil
its contractual obligations, particularly as
regards payment of the price and the obligation to deliver
and take delivery of the entire quantity 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 several times before delivery of the product, but no
later than 30 November. This revision should be based on
objective elements such as the world price trend and the
quantity and quality of the product obtained; in the event of
disagreement, the original contract price shall remain valid.

Processors shall forward a copy of each contract to the
3.
authority within 10 working days
competent national
following its conclusion and shall 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 been concluded after the information contained in them
has been forwarded to the competent authority, within the
period referred to in the second subparagraph of paragraph 1.

The Member States shall assign an identification number

5.
to each contract.

They shall adopt additional provisions concerning contracts, in
particular as regards penalties in the event of failure to comply
with the contract price and failure to forward contracts in
accordance with paragraphs 3 and 4.

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 shall be examined by both parties
and the results of the verification shall be recorded. For the
the boxes
purposes of
presented at the same time by a producer or producer organ-
isation for taking 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.

‘batch' means all

this paragraph,

The processor shall determine the place and rate of deliv-

3.
eries in agreement with the producer.

Upon acceptance of a batch, a certificate of delivery shall

4.
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 individual producer or
producer organisation. Each certificate shall bear an identifica-
tion number.

The processor and individual producer or producer organ-
isation shall 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 produ-
cers or producer organisations after delivery of the unprocessed
dried grapes to the processor and not later than 31 December
of the year of production of the grapes.

Aid applications shall contain at least the following infor-

2.
mation:

— the database number(s) and the specialised areas) to which
the application relates, using the same references as those
referred to in the first indent of Article 4(2)(a),

— the

identification

the
contract(s) or a copy or copies thereof,

number(s)

of

corresponding

Article 6

— 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,

1.
The total quantity of dried grapes on a holding must be
delivered to the processor or, where applicable, the producer
organisation responsible under
for providing
storage, not later than 30 November of the year of production.

the contract

— a declaration that the entire quantity of grapes grown on
the areas for which aid is requested has been dried and
delivered to the processor(s),
less quantities eliminated
during sorting.

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The aid shall be paid on completion of

the checks
3.
referred to in Article 8 and by 31 May of the year following the
year of harvest of dried grapes at the latest.

Checks shall cover, among other things, the compli-
ance of the finished product with the minimum char-
acteristics laid down in Annex II;

However, producer organisations shall receive an advance equal
to 70 % of the aid after a documentary check on the informa-
tion referred to in paragraph 2, by 31 January of the year
following the year of harvest of dried 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 identification of the applicant and the character-
istics of the plots. They shall consist of computerised
cross-checks between wine-sector declarations and those
of other sectors qualifying for area aid and declarations
from previous years by the same applicant;

1.2. annual on-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 representa-
tiveness and a risk analysis which takes into
account:

— the results of cross-checking the information
provided by producers or producer organ-
isations against
the data in the vineyard
register and the information collected during
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 noti-
fied in accordance with the first indent of Article
4(2)(b);
shall be selected taking into
account
storage and processing capacity
declared by each processor and shall cover at least
one processing unit for each variety.

samples
the

(b) compliance with the obligations

arising under
contracts; these checks shall be made on a sample
equivalent to 5 % of the contracts 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 applications and at least 5 % of the areas. The
applications which are to be 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
that

contained
contained in the data base and the contracts,

applications

against

the

in

— 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 deliveries to processors and the quant-
ities entered in the processors’ stock accounts,

— actual drying of the entire quantity harvested on
the plots covered by contracts; for the purposes of
this check, the national authorities shall draw up
an estimate of the average yield 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 require-

ments;

(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
processors associated 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.

The results of checks and the penalties applied shall be

4.
entered in the database.

Article 9

1. Where the information provided by individual producers
or producer organisations under Article 4(2)(a) is found to be
inaccurate, penalties shall be imposed as follows:

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(a) in the case of area discrepancies, paragraph 4 below shall

apply by analogy;

the names of

(b) in the case of significant discrepancies in the available
infrastructure,
individual producers or
producer organisations shall be removed from the database
for the duration of the marketing year concerned; they shall
be reinstated not earlier than the following marketing year
on condition that they provide evidence of 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 those provisions are found not to have been fulfilled,
penalties shall be imposed as follows:

(a) in the case of significant discrepancies in the available
infrastructure, the financial penalty shall be equivalent to
the amount of aid corresponding to the quantities
processed during the marketing year concerned; in addi-
tion, the names of the processors shall be removed from
the database for the marketing year in question; they shall
be reinstated not earlier than the following marketing year
on condition that 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 eliminated by sorting and/or the keeping of
detailed accounts, the penalty shall be equivalent to the
amount of aid corresponding to the quantities processed
during the marketing year concerned.

3. Where it is found that the information contained in the
contracts is inaccurate or that commitments have not been
complied with, penalties shall be imposed as follows:

(a) where an individual producer or producer organisation fails
to comply, in particular, with the obligation to deliver laid
down in the fourth indent of Article 5(1), the aid shall not
be paid or, if it has been 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 unpro-
cessed dried grapes delivered under contract, a financial
penalty shall be imposed equivalent to the aid amount
corresponding to the areas concerned.

If irregularities are found during checks on aid applica-

4.
tions, 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 on the 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 aid amount 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 not more than 20 % of

(1) OJ L 391, 31.12.1992, p. 36.

the area determined. Producer organisations shall reimburse
the undue payment plus interest calculated in accordance
with paragraph 3(a).

Where the excess found exceeds 20 % of the area deter-
mined, 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 deliber-
ately 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,
receiving aid for the following marketing year.

from

The above reductions, shall not be applied if, in determining
the area, individual producers or producer organisations can
show that they have correctly taken as a basis the informa-
tion 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 individual producer or
producer organisation and, where applicable, the processor
involved shall be removed from the database for the dura-
tion of the marketing year in question and the following
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 the national authority for the geograph-
ical area concerned, the check shall be extended to cover
quantities sold by the individual producer or producer
organisation on the market in fresh grapes or for wine-
making. If this check and the check on the state of the
vineyard reveal that all the quantities harvested on the plots
for which aid is requested have not been dried, the aid shall
be reduced in proportion to the percentage of the quant-
ities 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 produced
on the plots concerned, the deflected quantities shall be
equal to the difference between the quantities given in the
aid application and the quantities calculated by applying
authorities by
the
geographical area and by variety.

average yield established by the

5.
In all cases where the aid has been paid unduly, Member
States shall recover the amounts concerned in accordance with
Article 14 of Regulation (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 irregu-
larity committed. They shall be at least double the amount of
the aid corresponding to the quantities involved in the irregu-
larity.

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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 signifi-
cant 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 data-
base and/or the aid application,

— 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
in the case of the

aid, broken down by variety and,
sultana and muscatel varieties, 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 individual producers and
those concluded with producer organisations,

— the estimated crop of dried grapes for each variety,

— the number of producer organisations by type of recog-
nition and percentage of area covered by those organ-
isations; their storage capacity,

— the number of processors and their

storage and

processing capacity,

(b) before 31 January:

(i) on the basis of
applications:

the information contained in aid

indent of Article 3(2). These areas shall be broken
down by percentage reduction of harvest and by
type of damage for each production area;

(ii) on the basis of the information contained in applica-

tions for aid for replanting:

— the areas that have received replanting aid for each
variety in the case of producer organisations and
individual producers, showing the payments made
for the first, second and third years 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
encountered.

the checks,

indicating any problems

Article 12

Processors engaged in the production of dried grapes involving
the artificial drying of the grapes in their processing plant may
be authorised by the Member State to obtain their supplies of
from producers or producer organisations
fresh grapes
receiving aid. To that end they must submit a detailed
programme of their planned purchases of fresh grapes and
undergo the special checks which the Member State must
arrange in order to prevent abuses.

The Member States shall inform the Commission of the exis-
tence of such requests and of the special control measures
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 the 1999/2000, 2000/01 and 2001/02
marketing years, the obligation to register in the database shall
be replaced by an obligation to submit an application 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 other indications recognised as equivalent by the body
responsible for checks on the areas.

— the specialised area for each variety for which aid
has been requested by the producer organisations
and individual producers,

— the quantities of unprocessed dried grapes produced
and the average yield per hectare for each variety in
the case of producer organisations and individual
producers,

— the number of hectares for which a yield reduction
has been officially granted by the competent
authorities of the Member States under the fourth

The following transitional measures shall apply in the

2.
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 into force of this Regulation take the place
of their members for all operations relating to the adminis-
tration of the system of aid for the cultivation of dried
grapes if they submit an application for preliminary recog-
nition in accordance with Article 14 of Regulation (EC) No
2200/96 before 15 September 1999;

L 192/28

EN

Official Journal of the European Communities

24. 7. 1999

(b) applications for registration in the database as referred to in
Article 4( l ) shall be admissible if the applicants, whether
individual producers, 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 before the start of the
2001/02 marketing year;

(c) The contracts referred to in Article 5 shall be signed
between producers or producer organisations,
including
those referred to in (a) above, and processors who have
lodged an application for registration in the database; for
the 1999/2000 and 2000/01 marketing year contracts
shall be concluded not later than 15 October 1999 and 1
September 2000 respectively;

(d) the obligation to deliver and store unprocessed dried grapes
in stackable plastic boxes shall apply fully from the 2002/
03 marketing year.

However, for individual producers, producer organisations
and processors who have benefited from the measures
provided for in Council Regulation (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,

— 100 % of the quantities delivered and stocked for the

(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 the quantities they are unable to
store themselves
to individual producers 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 to implement 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.

following marketing years;

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.

Done at Brussels, 22 July 1999.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 54, 25.2.1994, p. 3.

24. 7. 1999

EN

Official Journal of the European Communities

L 192/29

ANNEX I

MINIMUM REQUIREMENTS

referred to in Article 3(1)(e)

1. Unprocessed sultanas must be obtained from grapes of the varieties (cultivars) Vitis vinifera L. Apyrena.

Unprocessed currants must be obtained from grapes of the varieties (cultivars) Vitis vinifera L. Black Corinth.

Unprocessed dried muscatel grapes must be obtained from grapes of the varieties (cultivars) Vitis vinifera 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 soil and must be adequately 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 muscatel variety 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 harmful to the quality 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

Defects

Tolerance
(% by weight)

Unprocessed dried grapes of non-uniform colouring

Insufficiently ripe or insufficiently developed unprocessed dried grapes

Mouldy, rotten or fermented unprocessed dried grapes

Damaged, bruised or split unprocessed dried grapes

Unprocessed dried grapes containing crystallised sugar

Unprocessed dried grapes damaged by insects, mites or other pests

Unprocessed dried grapes containing visible foreign plant matter

12

4

4

4

10

2

1

L 192/30

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Official Journal of the European Communities

24. 7. 1999

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.

24. 7. 1999

EN

Official Journal of the European Communities

L 192/31

ANNEX II.

MINIMUM CHARACTERISTICS OF DRIED GRAPES

referred to in the third indent of Article 4(2)(b)

1. Definition

The dried grapes must be of the sultana or muscatel varieties or currants grown from Vitis vinifera L.

2. Minimum requirements

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 abnormal external moisture,

— free of foreign smell and taste (a slight smell of S02 and a slight smell and taste of oil are 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, normal mechanical

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 essential characteristics as regards general appearance, quality,
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. Moisture contend

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:

L 192/32

EN

Official Journal of the European Communities

24. 7. 1999

SEEDLESS

Permitted defects

Tolerances for defective fruit

Percentage by weight

By number

Pieces of stem (per kg)

Pedicels (%)

Immature and/or undeveloped berries

Berries having seeds in seedless types (%)

Mouldy

Insect damaged

Damaged

Sugared

Extraneous vegetable material

Mineral

impurities

—

—

4,00

4,00

1,00

5,00

15,00

0,03

0,01

2,00

5,00

1,00

—

—

—

—

—

—

SEED-BEARING

Permtted defects

Tolerances for defective fruit

Percentage by weight

By number

Pieces of stem (per kg)

Pedicels (%)

Immature and/or undeveloped berries

Mouldy

Insect damaged

Damaged

Sugared

Extraneous vegetable material

Mineral

impurities

—

—

2,00

4,00

1,00

5,00

15,00

0,03

0,01

2,00

5,00

—

—

—

—

—

—

—

CURRANTS

Permitted defects

Tolerances for defective fruit

Percentage by weight

By number

Pieces of stem (per kg)

Pedicels (%)

Immature and/or undeveloped berries

Mouldy

Insect damaged

Damaged

Sugared

Extraneous vegetable material

Mineral

impurities

—

—

1,50

4,00

1,00

3,00

15,00

0,03

0,01

1,00

3,00

—

—

—

—

—

—

—