Commission Regulation (EC) No 838/2000 of 26 April 2000 amending Regulations (EEC) No 2640/88, (EEC) No 2641/88, (EEC) No 3105/88, (EEC) No 2721/88, (EC) No 1294/96 and (EEC) No 2046/89 to facilitate transition from the arrangements for the 1999/2000 wine year to those for the 2000/2001 wine year
Date: 2000-04-26
Institutions: European Commission
Subjects: aid system, common organisation of markets, distillation, marketing year, vinification, viticulture

27.4.2000

EN

Official Journal of the European Communities

L 102/33

COMMISSION REGULATION (EC) No 838/2000

of 26 April 2000

amending Regulations (EEC) No 2640/88, (EEC) No 2641/88, (EEC) No 3105/88, (EEC) No 2721/88,
(EC) No 1294/96 and (EEC) No 2046/89 to facilitate transition from the arrangements for the
1999/2000 wine year to those for the 2000/2001 wine year

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 822/87 of 16
March 1987 on the common organisation of the market in
wine (1), as last amended by Regulation (EC) No 1677/1999 (2),
and in particular Articles 3(4), 35(8), 38(5), 45(9) and 46(5)
thereof,

Having regard to Council Regulation (EC) No 1493/1999 of 17
May 1999 on the common organisation of the market in
wine (3), and in particular Article 80(a) thereof,

(4)

Whereas:

(1)

(2)

(3)

Article 1(6) of Regulation (EEC) No 822/87 stipulates
that the 1999/2000 wine year is to end on 31 August
2000, while Article 1(4) of Regulation (EC) No 1493/
1999 stipulates that the 2000/2001 wine year is to
begin on 1 August 2000. Steps should therefore be
taken to ensure that this overlap does not cause legal
problems.

Under Article 4 of Commission Regulation (EEC) No
2640/88 of 25 August 1988 laying down detailed rules
for the implementation of the system of aid for the use
in winemaking of concentrated grape must and rectified
concentrated grape must (4), as last amended by Regula-
tion (EEC) No 2055/91 (5), intervention agencies are to
pay the aid to producers before the end of the wine year
concerned. To facilitate the transition to the new
arrangements, the final date for payment for the 1999/
2000 wine year should be 31 August 2000.

(5)

Under Article 1(4) of Commission Regulation (EEC) No
2641/88 of 25 August 1988 laying down detailed rules
for the application of the aid scheme for the use of
grapes, grape must and concentrated grape must
to
produce grape juice (6), as last amended by Regulation
(EC) No 583/98 (7), processing operations must be
carried out between 1 September and 31 August of the
wine year concerned. To facilitate the transition to the
new arrangements, the final processing date should be
confirmed as 31 August 2000 for the 1999/2000 wine

year. In addition, Article 8(2) of that Regulation provides
that in order to qualify for the aid, processors as referred
to in Article 2(2) must submit one or more aid applica-
tions to the competent authority or department author-
ised for the purpose, not later than six months after the
end of the wine year. To facilitate transition to the new
arrangements, 28 February 2001 should be laid down as
the date for submission of aid applications for the 1999/
2000 wine year.

Under Article 7(1) of Commission Regulation (EEC) No
2721/88 of 31 August 1988 laying down detailed rules
for voluntary distillation as provided for in Articles 38,
41 and 42 of Regulation (EEC) No 822/87 (8), as last
amended by Regulation (EEC) No 26/92 (9), distillation
may not be carried out after the end of the wine year
concerned. To facilitate the transition to the new
arrangements, the final date for distillation should be 31
August 2000 for the 1999/2000 wine year. Under the
third subparagraph of Article 11(5) of that Regulation,
in order to receive aid, fortifiers must submit an applica-
tion to the competent intervention agency not later than
31 August of the wine year concerned. To facilitate
transition to the new arrangements, 31 August 2000
should be laid down as the final date for the submission
of aid applications for the 1999/2000 wine year.

Under the second indent of the second subparagraph of
Article 10(2) of Commission Regulation (EEC) No 3105/
88 of 7 October 1988 laying down detailed rules for the
application of compulsory distillation as provided for in
Articles 35 and 36 of Regulation (EEC) No 822/87 (10),
as last amended by Regulation (EC) No 194/98 (11),
distillers must make the 80 % payment on account to
the producer following delivery of the products and not
later than one month after presentation of the invoice to
be drawn up for the products concerned before the end
of the wine year. To facilitate transition to the new
arrangements,
it should be specified that the date by
which invoices are to be drawn up for the 1999/2000
wine year is 31 August 2000. In addition, under Article
12(1) of that Regulation, subject to Article 11 of Council

(1) OJ L 84, 27.3.1987, p. 1.
(2) OJ L 199, 30.7.1999, p. 8.
(3) OJ L 179, 14.7.1999, p. 1.
(4) OJ L 236, 26.8.1988, p. 20.
(5) OJ L 187, 13.7.1991, p. 29.
(6) OJ L 236, 26.8.1988, p. 25.
(7) OJ L 77, 14.3.1998, p. 14.

(8) OJ L 241, 1.9.1988, p. 88.
(9) OJ L 3, 8.1.1992, p. 14.
(10) OJ L 277, 8.10.1988, p. 21.
(11) OJ L 20, 27.1.1998, p. 19.

L 102/34

EN

Official Journal of the European Communities

27.4.2000

Regulation (EEC) No 2179/83 (1), as last amended by
Regulation (EEC) No 2505/88 (2), distillation may not
be carried out after 31 August of
the wine year
concerned. To facilitate the transition to the new
arrangements, it should be specified that the final date
for distillation for the 1999/2000 wine year is 31
August 2000.

(6)

(7)

Under Article 6(1) of Commission Regulation (EC) No
1294/96 of 4 July 1996 laying down detailed rules for
the application of Council Regulation (EEC) No 822/87
as regards harvest, production and stock declarations
relating to wine-sector products (3), as last amended by
Regulation (EC) No 225/97 (4), natural or legal persons
or groups of such persons, other than private consumers
and retailers, must declare each year to the competent
authorities designated by the Member States the stocks
of concentrated grape must, rectified concentrated grape
must and wine held by them on 31 August. To facilitate
the transition to the new arrangements, that date should
be confirmed as 31 August 2000 for the 1999/2000
wine year.

As a transitional measure, because of the entry into force
of Regulation (EC) No 1493/1999, 31 August 2000
should be laid down as the final date for the withdrawal
of by-products of wine-making, as referred to in Article
14(2) of Council Regulation (EEC) No 2046/89 (5), as
last amended by Regulation (EC) No 2468/96 (6), for
the 1999/2000 wine year.

(8)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Wine,

HAS ADOPTED THIS REGULATION:

Article 1

The following paragraph is added at the end of Article 4

1.
of Regulation (EEC) No 2640/88:

‘However, for the 1999/2000 wine year, the intervention
agency has until 31 August 2000 to pay the aid, without
prejudice to the exceptions provided for in the previous
paragraph.’

(1) OJ L 212, 3.8.1983, p. 1.
(2) OJ L 225, 15.8.1988, p. 14.
(3) OJ L 166, 5.7.1996, p. 14.
(4) OJ L 37, 7.2.1997, p. 1.
(5) OJ L 202, 14.7.1989, p. 14.
(6) OJ L 335, 24.12.1996, p. 7.

The following subparagraph is added at the end of Article

2.
1(4) of Regulation (EEC) No 2641/88:

‘However, for the 1999/2000 wine year, processing opera-
tions must be completed by 31 August 2000.’

The following subparagraph is added at the end of Article

3.
8(2) of Regulation (EEC) No 2641/88:

‘However, for the 1999/2000 wine year, the aid applica-
tions referred to in the previous subparagraph must be
submitted by 28 February 2001.’

The following sentence is added at the end of Article 7(1)

4.
of Regulation (EEC) No 2721/88:

‘However, for the 1999/2000 wine year, distillation may be
carried out until 31 August 2000.’

The following sentence is added after the third subpara-

5.
graph of Article 11(5) of Regulation (EEC) No 2721/88:

‘However, for the 1999/2000 wine year, the final date for
submitting applications shall be 31 August 2000.’

6.
The following sentence is added at the end of the second
indent of the second subparagraph of Article 10(2) of Regula-
tion (EEC) No 3105/88:

‘However, for the 1999/2000 wine year, the final date for
drawing up such invoices shall be 31 August 2000.’

The following subparagraph is added at the end of Article

7.
12(1) of Regulation (EEC) No 3105/88:

‘However, for the 1999/2000 wine year, distillation may be
carried out until 31 August 2000.’

The following subparagraph is added after

8.
the first
subparagraph of Article 6(1) of Regulation (EC) No 1294/96:

‘Stock declarations for the 1999/2000 wine year must
relate to products referred to in the previous subparagraph
held on 31 August 2000.’

9.
The final date for the withdrawal of by-products of wine-
making, referred to in Article 14(2) of Regulation (EEC) No
2046/89, for the 1999/2000 wine year shall be 31 August
2000.

Article 2

This Regulation shall enter
into force on the 20th day
following its publication in the Official Journal of the European
Communities.

27.4.2000

EN

Official Journal of the European Communities

L 102/35

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 26 April 2000.

For the Commission

Franz FISCHLER

Member of the Commission