Commission Regulation (EC) No 883/2001 of 24 April 2001 laying down detailed rules for implementing Council Regulation (EC) No 1493/1999 as regards trade with third countries in products in the wine sector
Date: 2001-04-24
Institutions: European Commission
Subjects: export licence, export refund, extra-EU trade, import licence, quality control of agricultural products, viticulture

10.5.2001

EN

Official Journal of the European Communities

L 128/1

I

(Acts whose publication is obligatory)

COMMISSION REGULATION (EC) No 883/2001

of 24 April 2001

laying down detailed rules for implementing Council Regulation (EC) No 1493/1999 as regards
trade with third countries in products in the wine sector

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1493/1999 of
17 May 1999 on the common organisation of the market in
wine (1), as amended by Regulation (EC) No 2826/2000 (2),
and in particular Articles 1(3), 46, 59(3), 60(4), 61(4), 63(8),
64(5) and 68(3) thereof,

Whereas:

(1)

(2)

Title VII of Regulation (EC) No 1493/1999 lays down
general rules on trade with third countries and refers for
the rest to detailed implementing rules to be adopted by
the Commission.

Until now, those rules have been contained in a large
number of Community regulations. In the interests of
both economic operators in the Community and the
authorities responsible for applying Community rules,
all those provisions should be brought together in a
single text, and the Commission Regulations regarding
subjects now covered by this Regulation should be
repealed, namely: Regulation (EEC) No 3388/81 of
27 November 1981 laying down special detailed rules
in respect of import and export licences in the wine
sector (3),
(EC)
amended
No 2739/1999 (4); Regulation (EEC) No 3389/81 of
27 November 1981 laying down detailed rules for
export refunds in the wine sector (5), as last amended by
Regulation (EC) No 2730/95 (6); Regulation (EEC)
No 3590/85 of 18 December 1985 on the certificate
and analysis report required for the importation of

by Regulation

last

as

(EC) No

960/98 (8); Regulation

wine, grape juice and grape must (7), as last amended by
(EC)
Regulation
No 1685/95 of 11 July 1995 on arrangements for
issuing export
licences for wine sector products and
amending Regulation (EEC) No 3388/81 laying down
special detailed rules in respect of import and export
licences in the wine sector (9), as last amended by
Regulation (EC) No 2512/2000 (10); and Regulation (EC)
No 1281/1999 of 18 June 1999 laying down detailed
rules implementing the entry price arrangements for
grape juice and musts (11).

This Regulation should include the current rules and
should adapt
them to the new requirements of
Regulation (EC) No 1493/1999. Those rules should also
be simplified and made more coherent and certain gaps
should be filled in.

export

Commission Regulation (EC) No 1291/2000 lays down
for applying the system of
common detailed rules
import
fixing
licences
and
certificates for agricultural products (12). Those rules
should be supplemented by rules specific to the wine
sector, particularly as regards presenting applications
and the information which should appear in licence
applications and licences.

advance

and

imports

into the Community

Under Article 59(1) of Regulation (EC) No 1493/1999,
all
to
presentation of an import
licence. The grant of all
export refunds should be subject to presentation of an
export licence.

subject

are

To take account of changes in alcoholic strength as
a result of
long journeys, particularly during loading
and unloading of the products concerned, an additional
tolerance should be allowed, over and above the margin
of error provided for
in the analysis method used
under Commission Regulation (EEC) No 2676/90 of

(3)

(4)

(5)

(6)

(1) OJ L 179, 14.7.1999, p. 1.
(2) OJ L 328, 23.12.2000, p. 2.
(3) OJ L 341, 28.11.1981, p. 19.
(4) OJ L 328, 22.12.1999, p. 60.
(5) OJ L 341, 28.11.1981, p. 24.
(6) OJ L 284, 28.11.1995, p. 6.

(7) OJ L 343, 20.12.1985, p. 20.
(8) OJ L 135, 8.5.1998, p. 4.
(9) OJ L 161, 12.7.1995, p. 2.
(10) OJ L 289, 16.11.2000, p. 21.
(11) OJ L 153, 19.6.1999, p. 38.
(12) OJ L 152, 24.6.2000, p. 1.

L 128/2

EN

Official Journal of the European Communities

10.5.2001

17 September 1990 determining Community methods
last amended by
for
Regulation (EC) No 1622/2000 (2).

the analysis of wines (1), as

(13)

(7)

(8)

(9)

(10)

(11)

If the system of import and export licences is to operate
correctly, a certain minimum amount of
information
should be given in the licences. It is therefore essential
the competent authority issuing the licences be
that
the country of
informed by the party concerned of
origin or destination of
Importers and
the product.
exporters should be allowed to request a change in the
country
certain
circumstances.

destination

origin

under

or

of

to

cover

Experience has shown that a single licence should be
allowed
the Common Customs Tariff
subheadings relating to concentrated grape juice and
grape must, unconcentrated grape juice and grape must
and wine of fresh grapes.

licences should reflect

The period of validity of
the
practices and delivery periods customary in international
trade. In the case of export licences, that period should
be shorter in order to prevent speculation in export
licence applications.

The third subparagraph of Article 59(2) of Regulation
(EC) No 1493/1999 provides that the issue of licences is
conditional on the provision of a security, which is
forfeited in whole or in part if the transaction is not
carried out or is only partially carried out. The amount
of the security should be fixed.

it

It

should

licences.

concerning

States
information

trends, Member
to

To enable the Commission to have an overall view of
regularly
trade
communicate
the
quantities and products for which they have issued
import
such
is
desirable
should be sent weekly and should
communications
follow a uniform format. However, in order to ensure
proper management of the market in wine, Member
States should inform the Commission immediately if the
quantities for which import licence applications have
a market
been submitted seem likely
disturbance.

to cause

that

for

available

Past experience of applying the rules on the issue of
export licences in the wine sector has shown that the
quantities
export need to be better
distributed throughout the wine year to ensure that they
are not exhausted prematurely. The total quantity
should be divided into
available
two-month periods,
to management
measures providing in particular for quantities not used
in one period to be carried forward to the next.

each wine year

each subject

(14) A period of reflection is needed at the beginning of
the market situation can be
each wine year so that
at
assessed with a
appropriate
licence
applications should be submitted until 16 September of
each year.

levels. Accordingly, no export

view to fixing refund rates

(15) Article 4 of Commission Regulation (EC) No 800/1999
of 15 April 1999 laying down common detailed rules
for the application of the system of export refunds on
agricultural products (3), as last amended by Regulation
(EC) No 90/2001 (4),
the possibility of
extending the validity of export
licences to products
other than those indicated in the licence, provided that
those products belong to the same category or product
group to be determined. Product groups as provided for
in Article 4 of Regulation (EC) No 800/1999 should
also be introduced in the wine sector, for reasons of
proportionality, to prevent excessive penalties.

introduces

(16)

it may take to ensure that

The Commission should be able to adapt the special
the volume
measures
available for each period is complied with according to
the product category and zone of destination.
In
addition,
from lodging
to prevent certain exporters
speculative applications for quantities greatly exceeding
their requirements and to prevent such practices from
damaging
real
requirements,
the volume which any exporter may
apply for should be restricted to the quantity available
for each period.

exporters who

apply

their

for

(17) Decisions on export

licence applications

should be
notified only after a reflection period. That period
should allow the Commission to assess the quantities
applied for and the expenditure involved and to adopt
any special measures which might have to be applied to
the applications concerned.

to ensure that

In order
function
properly and to prevent speculation, licences should not
be transferable.

the arrangements

(12) Article 63(7) of Regulation (EC) No 1493/1999 provides
for export licences as the basis for ensuring compliance
with the export volume obligations arising from the
concluded in the Uruguay Round of
agreements
multilateral
should
trade negotiations. Precise rules
therefore be laid down on the lodging of applications
and issue of licences.

(18)

(1) OJ L 272, 3.10.1990, p. 1.
(2) OJ L 194, 31.7.2000, p. 1.

(3) OJ L 102, 17.4.1999, p. 11.
(4) OJ L 14, 18.1.2001, p. 22.

10.5.2001

EN

Official Journal of the European Communities

L 128/3

(19)

To manage these arrangements the Commission should
have precise information on the licence applications
lodged and the use of licences issued. In the interests of
administrative efficiency, a standard form should be
used for communications between Member States and
the Commission.

drawn up for certain products in certain cases.
It is
therefore necessary, to ensure effective supervision, to
provide that Member States may not avail themselves of
that provision in the context of the refund system.

for

juices

and musts

(20) Article 60(2) of Regulation (EC) No 1493/1999 lays
for which the
down that,
application of customs duties depends on the import
price of the product, the actual amount of this price is
verified either by checking every consignment or by
using a flat-rate import value. The current features of
the arrangements for importing grape juices and musts
into the Community,
in particular the irregularity of
such imports, in terms of both volume and frequency
and the places of
these
products, do not permit the calculation of representative
flat-rate import values to verify the actual amount of the
import price. Under
this price
should be verified by checking every consignment.

import and the origin of

these circumstances,

(25)

In the case of deliveries for victualling ships and aircraft
qualifying for refunds, it is not always easy to obtain the
in good time, particularly in
necessary documents
non-producer Member States, on account of
the
difficulty of ascertaining the delivery dates in advance. It
should be borne in mind that production of
the
required proof may thus represent a disproportionate
burden in relation to the small quantities of table wines
which normally make up such individual deliveries for
traders who do not employ the procedure laid down in
Article 26 of Regulation (EC) No 800/1999 or
in
Council Regulation (EEC) No 565/80 of 4 March 1980
on the advance payment of export refunds in respect of
agricultural products (3), as amended by Regulation
(EEC) No 2026/83 (4).

(21)

(22)

(23)

(24)

The import price on the basis of which imported
products are classed in the Common Customs Tariff
must be equal to the fob price of those products plus
the cost of insurance and transport to the place of entry
into Community customs territory.

(26) Article 68(1) of Regulation (EC) No 1493/1999 provides
that
the imported products covered by that Article
should be accompanied by a certificate and an analysis
report issued by a body or service designated by the
third country in which the products originate. The
requirements which the analysis report should meet
should be laid down.

Refunds should be fixed periodically. Experience gained
regarding price trends in international trade shows that
it is adequate to fix refunds at least once each wine
year.

(27)

should be taken to ensure that

Steps
table wines
qualifying for refunds have the quality characteristics of
table wines of the production region from which they
come, and the Member States should take all necessary
steps to perform the checks.

Provision should be made under Article 68(2)(b) of
Regulation (EC) No 1493/1999 for dispensing with the
certificate and analysis report in the case of products
which are imported from third countries in limited
quantities and packed in small containers. To simplify
controls,
to quantity may be
considered to be met in the case of imports from third
countries whose total annual exports to the Community
are already very small. In this case, to avoid deflection
of trade, the wines must not only originate in those
countries but must be imported from them.

requirement as

the

In order
should be
to obtain a refund, exporters
required to provide proof that the products concerned
meet the Community quality standards, and to inform
the competent authority of the Member State of both
the origin and the quantities of wines involved. To that
end,
the
they should indicate, among other things,
numbers and dates of
the accompanying documents
in Commission Regulation (EEC) No
provided for
2238/93 of 26 July 1993 on the accompanying
documents for the carriage of wine products and the
to be kept (1),
amended by
relevant
Regulation (EC) No 1592/1999 (2). However, under
Article 4 of Regulation (EEC) No 2238/93, the Member
States may provide that the said document need not be

records

as

(28)

(29)

For the sake of harmonisation, the exemption from the
requirement to present a certificate and analysis report
for wine products being imported into the Community
should be in line with the customs rules on exemption
and
documents
accompanying consignments of wine products within
the Community.

arrangements

applicable

the

to

Some third countries, having established an effective
producers,
system for

inspecting

wine

their

(1) OJ L 200, 10.8.1993, p. 10.
(2) OJ L 188, 21.7.1999, p. 33.

(3) OJ L 62, 7.3.1980, p. 5.
(4) OJ L 199, 22.7.1983, p. 12.

L 128/4

EN

Official Journal of the European Communities

10.5.2001

implemented by their bodies or services, referred to in
Article 68(1)(a) of Regulation (EC) No 1493/1999, have
expressed an interest in the possibility of authorising the
producers themselves to issue certificates and analysis
reports. With a view to facilitating trade with those
they have concluded
third countries, provided that
undertakings with the Community which include clauses
concerning closer cooperation on the prevention of
fraud and that they maintain good trade relations with
is appropriate to authorise those
the Community,
it
the
concerned to consider documents
producers themselves as documents issued by the said
bodies or services of the third countries, in a manner
similar to that already allowed for wines of Community
origin, provided that they give appropriate assurances
such
and exert proper control over
documents. It should be stipulated from the outset that
these rules will apply only for a trial period in order to
test the effectiveness of the new system.

the issue of

issued by

(36)

Lists containing the names and addresses of the agencies
and laboratories authorised in third countries to draw
up certificates and analysis reports should be published
so that
in the Community which
supervise the import of wine products can, where
necessary, carry out the requisite checks.

the authorities

(37)

to facilitate

controls by the

competent
In order
the form and, where
authorities of Member States,
necessary,
the certificate and analysis
report provided for, and the requirements for their use
should be laid down.

the content of

product, where
substantial processing.

that product has not undergone

been

product

is clear

produced

oenological

It
from Article 45 of Regulation (EC) No
1493/1999 that wine products may be offered for direct
human consumption in the Community only if they
have
practices
using
permitted in the Community. Moreover, where an
imported
enrichment,
acidification or deacidification, provision should be
made for authorisation of direct human consumption of
the limits
that product
specified for the Community wine-growing zone whose
natural production conditions are equivalent to those in
the region in which the imported product originates
have been complied with.

in the Community only if

undergone

has

that

and wines

The task of the exporters and the authorities should be
the alcohol
simplified by requiring a statement
added to liqueur wines
fortified for
distillation is of vinous origin to be included in the
V I 1 document without requiring a separate document
the V I 1
for this statement. For the same reason,
document should be permitted to serve as the certificate
testifying to the designation of origin required for
imports of wines eligible for a tariff reduction. However,
no certificate or analysis report is required in the case of
some wines, provided a certificate of designation of
origin is presented. It should be permitted to use the
V I 1 document to certify the designation of origin of
the said liqueur wines and the section relating to the
analysis report need not be completed.

relating to each consignment of

the analysis
The certificate and, where appropriate,
report
imported
product should be checked in order to prevent fraud. To
this
accompany each
is placed under Community
consignment until
control.

the document(s) must

end,

it

To take commercial practice into account, where a
consignment of wine
competent
authorities should be empowered to have extracts of the
certificate and the analysis report drawn up under their
supervision to accompany each new consignment
resulting from the splitting.

split up,

the

is

(38) Under Article

(EC) No
of Regulation
68(1)(b)
1493/1999, wines other
than sparkling wines and
liqueur wines originating in a third country and
intended for direct human consumption may not be
imported into the Community if their total alcoholic
strength by volume or their total acidity, exceeds or fails
to reach certain limit values. However, Article 68(2)(a)
of that Regulation provides for exceptions where a wine
designated by a geographical
special
quality characteristics.

indication has

(30)

(31)

(32)

(33)

(34)

the need to ensure swift and effective
In view of
protection of consumers,
it is essential to provide for
the possibility of suspending the new arrangements
before the end of the trial period in the event of fraud
or a health risk to consumers.

(39)

(35)

Simple rules should also be laid down regarding the
documents to be produced for imports from a third
country other than the country of origin of the wine

In the case of certain wines originating in Hungary and
Switzerland, which have their own special quality and
are produced in limited quantities, the maximum total
alcoholic strength or the minimum total acidity are
exceeded or not attained, respectively, owing to special
traditional production methods. The marketing of those
wines on the Community market should be permitted.
However, to ensure compliance with the requirements
to be met before that right may be enjoyed, certification
by an official body of the country of origin should be

10.5.2001

EN

Official Journal of the European Communities

L 128/5

required on the import document introduced by this
Regulation.

1291/2000 shall apply to the licences referred to in this
Chapter.

(40) When the agreements on the control and reciprocal
protection of wine names were concluded between the
European Community and Hungary and Romania,
respectively (1), the Community undertook to grant the
derogation applicable
an
unlimited period and to grant the same derogation for
certain quality wines originating in Romania.

to Hungarian wines

for

(41)

(42)

some of

the products

listed in
The definitions of
Annex I
to Regulation (EC) No 1493/1999 can be
applied only to products obtained in the Community. It
is therefore necessary for the corresponding products
originating in third countries
to be defined. The
definitions of
those products originating in third
countries to which this Regulation applies should be as
close as possible to the definition of the Community
product.

down

pending

Commission Regulation (EC) No 1608/2000 (2), as last
amended by Regulation (EC) No 731/2001 (3), which
laid
the
transitional measures
introduction of definitive measures for the application
of Regulation (EC) No 1493/1999, kept in force until
regarding the
31 January 2001 certain provisions
subjects covered by this Regulation. Accordingly,
in
order
to prevent any interruption in trade in the
products covered by those provisions and by this
Regulation, the latter should apply as from 1 February
2001.

(43)

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

HAS ADOPTED THIS REGULATION:

Article 2

Information given on the licence

1. Where the Combined Nomenclature code specifies the
alcoholic strength of a product, a tolerance of 0,4 % by
volume shall be allowed in relation to that specification for the
purposes of the licence.

Box 20 of import licences and export licences shall contain
one of the following entries:

(cid:151) (cid:145)Tolerancia de 0,4 % vol(cid:146)

(cid:151) (cid:145)Tolerance 0,4 % vol(cid:146)

(cid:151) (cid:145)Toleranz 0,4 % vol(cid:146)

(cid:151) (cid:145)Amov(cid:222) 0,4 % vol(cid:146)

(cid:151) (cid:145)Tolerance of 0,4 % vol(cid:146)

(cid:151) (cid:145)TolØrance de 0,4 % vol(cid:146)

(cid:151) (cid:145)Tolleranza di 0,4 % vol(cid:146)

(cid:151) (cid:145)Tolerantie van 0,4 % vol(cid:146)

(cid:151) (cid:145)Toler(cid:226)ncia de 0,4 % vol(cid:146)

(cid:151) (cid:145)Sallittu poikkeama 0,4 til-%(cid:146)

(cid:151) (cid:145)Tolerans 0,4 vol %(cid:146).

CHAPTER I

IMPORT AND EXPORT LICENCES

Article 1

Common implementing rules

Box 8 of import licence applications and import licences

2.
shall show the country of origin.

Box 7 of export licence applications and licences shall show
the country of destination or the zone of destination as
referred to in Article 9(6) of this Regulation. Where the zone
of destination is indicated, the box (cid:145)compulsory: yes(cid:146) shall be
ticked. Where the country of destination is indicated, the box
(cid:145)compulsory: no(cid:146) shall be ticked. In addition, box 20 of export
licence applications and licences shall contain the entry: (cid:145)zone
X compulsory(cid:146). At the request of the party concerned, the
country of destination may be replaced by another country
belonging to the same zone of destination.

The common detailed rules for applying the system of import
for
and
agricultural products as laid down in Regulation (EC) No

advance-fixing

certificates

licences

export

and

Box 14 of

3.
licences shall contain the following additional
regarding the colour of wine or must: (cid:145)white(cid:146) or (cid:145)red/rosØ(cid:146).

licence applications and import
information

import

(1) OJ L 337, 31.12.1993, pp. 94 and 178.
(2) OJ L 185, 25.7.2000, p. 24.
(3) OJ L 102, 12.4.2001, p. 33.

Applicants may include in a single import

4.
licence
application products falling within more than one tariff code,
by completing boxes 15 and 16 of the application as follows:

L 128/6

EN

Official Journal of the European Communities

10.5.2001

(cid:151) box 15: description of
Combined Nomenclature,

the product as given in the

(cid:151) box 16: CN codes.

The product descriptions and CN codes
application shall also be specified on the import licence.

specified in the

Article 3

Period of validity

1.
Import licences shall be valid from their date of issue as
defined in Article 23(1) of Regulation (EC) No 1291/2000
until the end of the fourth month following that date.

2.
Export licences shall be valid from their date of issue as
defined in Article 23(2) of Regulation (EC) No 1291/2000
until the end of the second month following that date, but
may under no circumstances remain valid beyond 31 August
of the GATT year in progress.

Article 4

Securities

1.

The security for import licences shall be as follows:

If the quantities for which import licence applications have
been made in a Member State appear to pose a risk of
disturbance
shall
immediately inform the Commission accordingly and shall
communicate the quantities concerned, broken down by type
of product.

that Member

the market,

State

for

CHAPTER II

SPECIAL EXPORT LICENCE ARRANGEMENTS UNDER THE
GATT AGREEMENTS

Article 6

Aim

Under the Agreement on Agriculture concluded during the
Uruguay Round of multilateral trade negotiations, hereinafter
called (cid:145)the Agreement(cid:146), this Chapter lays down additional rules
applying to the issue of export licences with advance fixing of
the refund.

Article 7

Staggering of the total quantity over the year and lodging
of applications

The total quantity available for each GATT year shall be
licence applications may be

1.
divided into six parts. Export
lodged for:

(cid:151) concentrated grape juice and musts: EUR 2,5/hl,

(cid:151) 25 % of the total quantity, until 15 November,

(cid:151) other grape juice and musts: EUR 1,25/hl,

(cid:151) 25 % of the total quantity, until 15 January,

(cid:151) still wines and fortified wines: EUR 1,25/hl,

(cid:151) 15 % of the total quantity, until 15 March,

(cid:151) sparkling wines and liqueur wines: EUR 2,5/hl.

(cid:151) 15 % of the total quantity, until 30 April,

The security for export

licences shall be EUR 8 per
2.
hectolitre for products falling within CN codes 2009 60 11,
2009 60 19,
2204 30 92 and
2204 30 96 and EUR 2,5 per hectolitre for all other products.

2009 60 51, 2009 60 71,

Article 5

Communications on import licences

Every Thursday, or on the first working day thereafter if the
Thursday is a public holiday, Member States shall forward to
shown in Annex I,
the Commission, using the model
information on the quantities and countries of origin of
products for which import licences have been issued during
the preceding week, broken down by Combined Nomenclature
codes and the nomenclature codes of the countries for the
Community statistics on external trade.

(cid:151) 10 % of the total quantity, until 30 June,

(cid:151) 10 % of the total quantity, until 31 August.

Unused quantities from one period shall be automatically

2.
transferred to the following period within that year.

Export licence applications for the first period may be

3.
lodged from 16 September onwards each year.

Article 8

Categories and groups of products

The product

1.
second
paragraph of Article 14 of Regulation (EC) No 1291/2000 are
listed in Annex II to this Regulation.

referred to in the

categories

10.5.2001

EN

Official Journal of the European Communities

L 128/7

2.
The product groups referred to in the second indent of
the first subparagraph of Article 4(2) of Regulation (EC) No
800/1999 which may be entered on the licence application
and licence in accordance with the fourth paragraph of
Article 14 of Regulation (EC) No 1291/2000 are listed in
Annex III hereto.

If issuing the licences applied for entails a risk of overrun of
the budget for the wine sector set under the Agreement, the
Commission may set an acceptance percentage applying to all
the applications in hand and suspend lodging of applications
up to the end of the wine year.

6.
The measures provided for in paragraphs 4 and 5 may
be adjusted for the category of products and the zone of
destination. The zones of destination shall be:

Article 9

Export licence applications

(cid:151) zone 1: Africa,

(cid:151) zone 2: Asia and Australasia,

1.
Applications for export licences may be lodged with the
competent authorities from Wednesday until 1 p.m. on the
following Tuesday.

(cid:151) zone 3: eastern Europe, including the CIS, and

(cid:151) zone 4: western Europe.

Export

licence applications

2.
lodged for a period as
referred to in paragraph 1 by a single exporter may not exceed
a maximum quantity of 30 000 hectolitres per zone of
destination as referred to in paragraph 6. Applications relating
to the same zone must be lodged with the competent body
and grouped in a single communication.

If an exporter lodges applications for an overall quantity of
more than 30 000 hectolitres for a single zone, all applications
concerned shall be rejected by the body with which they were
lodged.

Where the overall quantity still available for a zone is less than
30 000 hectolitres, the body with which the applications are
lodged shall reduce the applications of exporters which exceed
it to bring them in line with the quantity available.

Export licences shall be issued on the Monday following
3.
the Tuesday referred to in paragraph 1, or the next working
day if
the
Commission has not taken other specific measures in the mean
time.

the Monday is a public holiday, provided that

4.
If the quantities for which licence applications have been
made, as notified to the Commission on the set day under
Article 12(1), exceed the quantities still available for a period
as referred to in Article 7(1), the Commission shall set an
acceptance percentage applying to all
in
question and suspend lodging of licence applications until the
beginning of the following period.

the applications

If

5.
issuing the licences applied for entails a risk of
premature exhaustion of the budget for the wine sector set
the
the Agreement,
under
applications pending, or reject
the applications for which
export licences have not yet been granted and suspend lodging
of applications for at most 10 working days, although a
decision to extend suspension may be taken by the procedure
laid down in Article 75 of Regulation (EC) No 1493/1999.

the Commission may accept

The countries
Annex IV.

in each zone of destination are listed in

In cases where the quantity applied for is refused or
7.
reduced, the security referred to in Article 4(2) against the
quantity for which the application is not accepted shall be
immediately released.

By way of derogation from paragraph 3,

8.
in the event
that a single acceptance percentage of less than 85 % is set,
licences shall be issued on the third working day following
the
that percentage in the Official
publication of
European Communities. Prior to issue, exporters may either
withdraw their applications, in which case the security referred
to in Article 4(2) of
this Regulation shall be released
immediately, or expressly accept the licence, in which case the
licence may be issued forthwith.

Journal of

Article 10

Transfer of licences

Export licences issued shall not be transferable.

Article 11

Tolerance

Additional quantities exported within the tolerance referred to
in Article 8(4) of Regulation (EC) No 1291/2000 shall not be
eligible for the refund.

At least one of the following entries shall be made in box 22
of licences:

(cid:151) Restituci(cid:243)n vÆlida para (cid:133) (cantidad por la que se haya

expedido el certificado) como mÆximo

(cid:151) Restitutionen omfatter hłjst (cid:133) (den m(cid:230)ngde, licensen er

udstedt for)

L 128/8

EN

Official Journal of the European Communities

10.5.2001

(cid:151) Erstattung g(cid:252)ltig f(cid:252)r h(cid:246)chstens (cid:133) (Menge,

f(cid:252)r die die

Lizenz erteilt wurde)

These notifications shall specify the quantities referred to in
paragraph 1 and the refund rate.

(cid:151) Epirsqou(cid:222) pot irv(cid:253)ei cia (cid:133) (por(cid:252)sgsa cia sgm opo(cid:223)a ejd(cid:223)de-

sai so pirsopoigsij(cid:252)) jas’ am(cid:254)saso (cid:252)qio

3.

Notifications under paragraph 1 shall specify:

(cid:151) Refund valid for not more than (cid:133) (quantity for which

(a)

licence is issued)

(cid:151) Restitution valable pour (cid:133) (quantitØ pour laquelle le certi-

ficat est dØlivrØ) au maximum

the agricultural product nomenclature

the quantity in hectolitres for each 12-figure product code
of
export
refunds. Where a licence is issued for more than one
11-figure code in the same category as referred to in
Annex II, the category number is to be given;

for

(cid:151) Restituzione valida al massimo per (cid:133) (quantitativo per il

quale Ł rilasciato il titolo)

(b) the quantity for each code, broken down by destination if

the refund rate differs according to destination;

(cid:151) Restitutie voor ten hoogste (cid:133) (hoeveelheid waarvoor het

certificaat is afgegeven)

(c)

the refund rate applicable in respect of
covered by paragraph 1(c).

the quantities

(cid:151) Restitui(cid:231)ªo vÆlida para (cid:133) (quantidade em rela(cid:231)ªo (cid:224) qual Ø

emitido o certificado), no mÆximo

(cid:151) Vientituki voimassa enint(cid:228)(cid:228)n (cid:133) (m(cid:228)(cid:228)r(cid:228),

jolle todistus on

annettu) osalta

(cid:151) Bidrag som g(cid:228)ller f(cid:246)r h(cid:246)gst (cid:133) (kvantitet f(cid:246)r vilken licensen

skall utf(cid:228)rdas).

Article 12

Communications from Member States

1. Member States shall, each Wednesday or the following
working day if the Wednesday is a public holiday, notify the
Commission of the following:

(a)

the applications for export licences with advance fixing of
the refund lodged between Wednesday of the preceding
week and Tuesday, or the absence of applications;

(b) the quantities for which export licences were issued on the
preceding Monday or, as the case may be, within the
interval referred to in Article 9(8);

(c)

the quantities for which licence applications have been
withdrawn pursuant to Article 9(8) during the preceding
week.

Those notifications shall also specify the zone of destination as
referred to in Article 9(6).

2. Member States shall notify to the Commission before the
15th of each month for the previous month:

(a)

the quantities for which licences have been issued but not
used, together with the zone of destination as referred to
in Article 9(6);

(b) the quantities for which refunds have been granted without
a licence under the second subparagraph of Article 4(1) of
Regulation (EC) No 800/1999.

If the refund rate is modified during the licence application
period, applications must be broken down for each period
having a different refund rate.

All notifications under paragraphs 1, 2 and 3, including

4.
(cid:145)nil(cid:146) notifications, shall be made using the model in Annex V.

Article 13

Commission decisions

1.
If, in the light of notifications under Article 12(2)(a), an
adequate quantity becomes available again, the Commission
may decide to reopen the lodging of applications for export
licences.

The Commission shall

2.
inform Member States once a
month of the extent to which the quantities and expenditure
specified in the annual commitment level provided for in the
Agreement for the GATT year have been used up and, when
the time comes, of their exhaustion.

CHAPTER III

ENTRY PRICE ARRANGEMENTS FOR GRAPE JUICE AND
MUST

Article 14

Verification by consignment

For products

1.
falling within CN codes 2009 60 and
2204 30, listed in Annex I, Part Three, Section I, Annex 2, to
the Common Customs Tariff and subject to the entry price
arrangements,
import price shall be verified by
checking every consignment.

the actual

10.5.2001

EN

Official Journal of the European Communities

L 128/9

(cid:145)Consignment(cid:146) means

2.
the goods presented under a
declaration of release for free circulation. Each declaration may
cover only goods of one and the same origin falling within a
single Combined Nomenclature code.

Article 15

Checking

1.
The import price on the basis of which the products
referred to in Article 14 are classed in the Combined
Nomenclature must be equal to the fob price of those products
in their country of origin plus the cost of
insurance and
transport to the place of entry to the Community customs
territory.

2. Where the import price cannot be determined on the
basis of paragraph 1 of this Article, the products referred to in
Article 14 shall be classed in the Combined Nomenclature on
the basis of the customs value determined in accordance with
Articles 30 and 31 of Council Regulation (EEC) No
2913/92 (1).

In the case of table wines or liqueur wines other than liqueur
wines psr, proof shall further be furnished to show that they
have been approved by a tasting committee appointed by the
exporting Member State. Where this Member State is not the
producer, proof shall also be provided that
the wine in
question is a Community table wine or liqueur wine.

The certificate referred to in the first subparagraph shall
mention at least the following:

(a)

for table wine and liqueur wine other than liqueur wine
psr:

(cid:151) the colour,

(cid:151) the total alcoholic strength by volume,

(cid:151) the actual alcoholic strength by volume,

(cid:151) the total acidity,

CHAPTER IV

EXPORT REFUNDS IN THE WINE SECTOR

(cid:151) where appropriate, that the wine in question is wine as
referred to in Article 28(1) of Regulation (EC) No
1493/1999 produced in excess of the normal quantity,
or the quantity of such wine in the case of exports of
wine resulting from coupage or blending;

Article 16

Frequency

(b) for concentrated grape must, the measurement recorded at
temperature of 20 (cid:176)C by refractometer used in
a
accordance with the method referred to in Annex I(6) to
Regulation (EC) No 1493/1999.

Export
sector
periodically, at least once each wine year.

in the wine

refunds

shall be

reviewed

Exporters shall be obliged to inform the competent

2.
authority of the Member State:

Article 17

Licence requirement

Except
for supplies for the special purposes referred to in
Article 36 of Regulation (EC) No 800/1999 and supplies of the
quantities referred to in Annex III(K) to Regulation (EC) No
1291/2000, refunds shall be granted on production of proof
that the products have been exported under an export licence.

Article 18

Proof

(a)

for wines resulting from coupage, the origin and quantities
of wines used;

(b) the numbers and dates of the accompanying documents.

3.
If the table wine for which a refund is requested results
from coupage, as defined by Title II of Chapter V of
Regulation (EC) No 1622/2000, or from blending of
table
wines qualifying for different refund rates, the amount of the
refund shall be calculated in proportion to the quantities of
table wine in the coupage or blend.

1.
Refunds shall be granted on production of proof that the
products exported were accompanied on export by an analysis
certificate issued by an official body of the producer Member
State or the exporting Member State certifying that they meet
the Community quality standards for the products in question
or,
in the absence of such standards, the national standards
applied by the exporting Member State.

(1) OJ L 302, 19.10.1992, p. 1.

Article 19

Checks by the Member States

1. Member States may provide that the approval referred to
in the second indent of Article 18(1)
is to be granted by
regional committees which certify that the wine has the quality
characteristics of table wines of the production regions from
which it comes.

L 128/10

EN

Official Journal of the European Communities

10.5.2001

2. Member States shall take all necessary steps to perform
the checks referred to in Articles 17 and 18. However, Article
18, with the exception of paragraph 2(b) thereof, shall not
apply to the table wine supplies referred to in Article 36(1)(a)
of Regulation (EC) No 800/1999 for which the procedure
in
referred to in Article 26 of
Regulation (EEC) No 565/80 is not applied.

the said Regulation or

3.
For the purposes of Article 18(2)(b), exporting Member
States may not avail themselves of Article 4(2) of Regulation
(EC) No 2238/93.

CHAPTER V

CERTIFICATES AND ANALYSIS REPORTS FOR WINE, GRAPE
JUICE AND MUST ON IMPORT

(cid:151) the volatile acid content,

(cid:151) the citric acid content,

(cid:151) the total sulphur dioxide content,

(cid:151) the presence of varieties obtained from interspecific
crossings (direct producer hybrids or other varieties not
belonging to the Vitis vinifera species).

Article 22

Exemptions

Section 1

G e n e r a l

Article 20

Documents required

certificate

The
referred to in
analysis
Article 68(1)(a)(i) and (ii), respectively, of Regulation (EC) No
1493/1999 shall form a single document:

and the

report

(a)

the (cid:145)certificate(cid:146) part of which shall be made out by a body
of the third country in which the products originated;

(b) the (cid:145)analysis report(cid:146) part of which shall be made out by an
official laboratory recognised by the third country in which
the products originated.

Article 21

Contents of the analysis report

The analysis report shall include the following information:

(a)

in the case of wines and grape must in fermentation:

(cid:151) the total alcoholic strength by volume,

(cid:151) the actual alcoholic strength by volume;

(b)

in the case of grape must and grape juice, the density;

(c)

in the case of wines, grape must and grape juice:

(cid:151) the total dry extract,

(cid:151) the total acidity,

No certificate or analysis report need be presented for
1.
products originating in and coming from third countries in
labelled containers of not more than five litres fitted with a
quantity
device where
non-reusable
closing
transported, whether
separate
not made
or
consignments, does not exceed 100 litres.

total
of

the

up

In addition, no certificate and analysis report need be

2.
presented for:

(a) quantities of products not exceeding 30 litres per traveller
contained in the personal luggage of travellers within the
meaning of Article 45 of Council Regulation (EEC) No
918/83 (1);

(b) quantities of wine not

sent
in
to another,
from one private individual
consignments
within the meaning of Article 29 of Regulation (EEC) No
918/83;

exceeding 30 litres

(c) wine and grape juice in labelled containers of not more
than five litres fitted with a non-reusable closing device,
originating in and coming from third countries whose
annual
than
1 000 hectolitres. The countries concerned are listed in
Annex VI hereto;

into the Community are

imports

less

(d) wine and grape juice forming part of the belongings of

private individuals who are moving house;

(e) wine and grape juice for trade fairs as defined in the
relevant provisions of Regulation (EEC) No 918/83,
the products in question are put up in
provided that
labelled containers of not more than two litres fitted with a
non-reusable closing device;

(f) quantities of wine, grape must and grape juice imported
for the purpose of scientific and technical experiments,
subject to a maximum of one hectolitre;

(1) OJ L 105, 23.4.1983, p. 1.

10.5.2001

EN

Official Journal of the European Communities

L 128/11

(g) wines and grape juice for diplomatic, consular or similar
their duty-free

imported as part of

establishments,
allowance;

(h) wines and grape juice held on board international means

of transport as victualling supplies.

3.
The case of exemption referred to in paragraph 1 may
not be combined with the cases of exemption referred to in
paragraph 2.

Article 23

Exclusion

This Chapter
accompanied by a certificate of designation of origin.

shall not apply to Boberg liqueur wines

Section 2

R e q u i r e m e n t s t o b e m e t a n d d e t a i l e d r u l e s f o r
d r a w i n g u p a n d u s i n g t h e c e r t i f i c a t e a n d
a n a l y s i s r e p o r t f o r i m p o r t s o f w i n e , g r a p e j u i c e
a n d g r a p e m u s t

Article 24

V I 1 document

The certificate and analysis report for each consignment
1.
intended for import into the Community shall be drawn up on
a single V I 1 document. (cid:145)Consignment(cid:146) means the quantity of
a product consigned by one consignor to one consignee.

This document
shall be drawn up on a V I 1 form
corresponding to the specimen shown in Annex VII and
complying with the
in
Annex VIII. It shall be signed by an officer of an official body
and by an official of a recognised laboratory as referred to in
Article 29.

requirements

technical

set out

2. Where the product concerned is not intended for direct
human consumption, the analysis report section of the V I 1
form need not be completed.

In the case of wine put up in labelled containers of a capacity
not exceeding 60 litres,
fitted with non-reusable closing
devices, and provided that the wine originates in a country
appearing in Annex IX which has offered special guarantees
accepted by the Community, the analysis report section of the
V I 1 form need be completed only in respect of:

(cid:151) the actual alcoholic strength by volume,

(cid:151) the total acidity,

(cid:151) the total sulphur dioxide content.

Article 25

Description of documents

1.
V I 1 forms shall comprise a typed or handwritten
original and a simultaneously produced copy, in that order. V I
in that
2 forms shall comprise an original and two copies,
order. The V I 2 form shall be an extract made out
in
accordance with the specimen shown in Annex X, containing
the data appearing on a V I 1 document or another V I 2
extract and stamped by a Community customs office.

Both the original and the copy shall accompany the product.
V I 1 and V I 2 forms must be completed either in typescript
or by hand, or by equivalent technical means recognised by an
official body. Handwritten forms shall be completed in ink and
in capital letters. No erasures or overwriting shall be permitted.
Any alterations shall be made by crossing out the incorrect
particulars and, where appropriate, adding those required. Any
change made in this way must be approved by its author and
stamped, as the case may be, by the official agency,
the
laboratory or the customs authorities.

V I 1 documents and V I 2 extracts shall bear a serial
2.
number allocated,
in the case of V I 1 documents, by the
official agency whose officer signs the certificate and, in the
case of V I 2 extracts, by the customs office which stamps
them in accordance with Article 28(2) and (3).

Article 26

Simplified procedure

1.
V I 1 documents drawn up by wine producers in the
third countries listed in Annex IX which have offered special
guarantees accepted by the Community shall be considered as
certificates or analysis reports drawn up by agencies and
laboratories included in the list referred to in Article 29
provided that the producers have received individual approval
from the competent authorities of those third countries and
are subject to inspection by the latter.

2.
Approved producers as referred to in paragraph 1 shall
use V I 1 forms giving in box 10 the name and address of the
official agency of
the third country which approved them.
Producers shall complete the form, entering in addition:

L 128/12

EN

Official Journal of the European Communities

10.5.2001

(cid:151) in box 1, their names and addresses and their registration

numbers in the third countries listed in Annex IX,

(cid:151) in box 11,
Article 24(2).

at

least

the particulars

referred to in

shall then stamp the latter, which shall then be equivalent to
the V I 2 extract, and endorse the document or previous
extract accordingly. They shall return the extract and the
original of the V I 1 document or the previous V I 2 extract to
the new consignor and keep the copy of the document or
previous extract for at least five years.

They shall sign in the space provided in boxes 10 and 11, after
striking out the words (cid:145)name and title of official(cid:146).

However, a V I 2 form need not be completed where a
consignment of a product is re-exported to a third country.

Neither stamps nor the name and address of the laboratory
shall be required.

Article 27

Derogations

1.
Application of Articles 24(2) and 26 may be suspended if
it is found that the products to which these measures apply
have been the subject of falsification likely to result in a health
risk to consumers or of oenological practices not authorised in
the Community.

2.
Articles 24(2) and 26 shall apply until the entry into
force of the agreement resulting from the negotiations with the
United States of America on an agreement on trade in wine,
but not later than 31 December 2003.

Article 28

Use

The original and the copy of V I 1 documents or V I 2
1.
extracts shall be handed over to the competent authorities of
the Member State in which the customs formalities required
for putting into free circulation the consignment to which they
relate are carried out, on completion of those formalities.

3. Where a consignment is split before it enters into free
circulation, the person concerned shall give the original and
the copy of the V I 1 document or the V I 2 extract relating to
to the customs authorities
the consignment
supervising that consignment, together with a V I 2 form and
two
new
copies
consignment.

consecutively

to be split

completed

each

for

The authorities shall verify that the particulars entered on the
V I 1 document or on the V I 2 extract correspond to those
on the V I 2 form completed consecutively for each new
consignment, and shall then stamp the latter, which shall then
be equivalent to the V I 2 extract, and endorse accordingly the
back of the V I 1 document or the V I 2 extract on which it
was based. They shall return the V I 2 extract together with
the V I 1 document or the V I 2 extract previously completed
to the person concerned and keep a copy of each of these
documents for at least five years.

Article 29

List of competent bodies

The Commission shall draw up and update

lists
1.
containing the names and addresses of
the agencies and
laboratories, and of the wine producers authorised to draw up
V I 1 documents, on the basis of notifications from the
competent authorities of third countries. It shall publish these
lists in the (cid:145)C(cid:146) series of the Official
the European
Communities.

Journal of

The authorities shall, where necessary, endorse the back of the
V I 1 document or the V I 2 extract. They shall return the
original to the person concerned and keep the copy for at least
five years.

is to be reconsigned complete
2. Where a consignment
before entry into free circulation, the new consignor shall give
the customs authorities supervising the consignment the V I 1
document or the V I 2 extract relating to that consignment as
well as, if appropriate, a V I 2 form completed consecutively.

The notifications from the competent authorities of third

2.
countries referred to in paragraph 1 shall contain:

(a)

the names and addresses of
the official agencies and
laboratories approved or appointed for the purpose of
drawing up V I 1 documents;

(b) the names, addresses and official registration numbers of
the wine producers authorised to draw up V I 1
documents.

The authorities shall verify that the particulars entered on the
V I 1 document agree with those entered on the V I 2 form or
that the particulars entered on the V I 2 extract agree with
those entered on the V I 2 form completed consecutively, and

The lists
shall contain only agencies and laboratories as
referred to in point (a) of the first subparagraph which have
been authorised by the competent authorities of
the third
country concerned to provide the Commission and the

10.5.2001

EN

Official Journal of the European Communities

L 128/13

Member States, on request, with any information required to
evaluate the data appearing on the document.

The lists shall be updated, in particular to take account of

3.
changes of address and/or name of agencies or laboratories.

2. Where the competent authorities of a Member State
suspect that a product originating in a third country does not
comply with paragraph 1, they shall inform the Commission
thereof without delay.

Article 30

Indirect imports

In cases where a wine is exported from a third country in
(cid:145)the country of
whose territory it was prepared (hereinafter:
origin(cid:146)) to another third country (hereinafter:
(cid:145)the exporting
country(cid:146)), from which it is then exported to the Community,
the competent authorities of the exporting county may draw
up the V I 1 document for the wine concerned on the basis of
a V I 1 document or equivalent drawn up by the competent
authorities of the country of origin, without having to perform
further analyses on the wine, if that wine:

Article 32

Special rules for particular wines

In the case of

1.
liqueur wines and wines fortified for
distillation, the V I 1 documents shall be recognised as valid
only where the official agency as referred to in Article 29 has
entered the following in box 15:

(cid:145)the alcohol added to this wine is certified as being wine
alcohol(cid:146).

The entry shall be accompanied by the following information:

(a)

the full name and address of the issuing agency;

(b) the signature of an official of the agency;

(a) has already been bottled and labelled in the country of

origin and remains so; or

(c)

the agency’s stamp.

(b)

is exported in bulk from the country of origin and bottled
and labelled in the exporting country without any further
processing.

2.
For wines eligible for a tariff reduction on importation
into the Community, the V I 1 documents may serve as a
certificate testifying to the designation of origin which is
entitled to such arrangements, where the official agency has
entered the following in box 15:

The competent authority of the exporting country shall certify
on the V I 1 document that the wine in question is a wine to
which the first subparagraph refers and that
fulfils the
conditions set out therein.

it

(cid:145)the wine covered by this document is certified as having been
produced in the ... wine-growing region and was given the
designation of origin shown in box 6 in accordance with the
provisions of the country of origin(cid:146).

Article 31

Conformity of oenological practices

1.
Subject to Article 45 and Article 46(1)(a), (b) and (c) of
Regulation (EC) No 1493/1999 and the provisions adopted to
implement them, products originating in third countries may
be offered or delivered for direct human consumption only if
they were produced, in the case of the oenological practices
referred to in Annex V(C), (D) and (E) of Regulation (EC) No
in compliance with the limits specified for the
1493/1999,
zone
in which the natural
Community wine-growing
production conditions
in the
equivalent
are
production region in which they originate.

to those

The assessment of the equivalence of production conditions
from the
shall be conducted on the basis of proposals
competent authorities of
in
accordance with the procedure laid down in Article 75 of
Regulation (EC) No 1493/1999.

the third country concerned,

The entry shall be accompanied by the information provided
for in the second subparagraph of paragraph 1.

CHAPTER VI

ANALYTICAL DEROGATIONS FOR CERTAIN IMPORTED
WINES

Article 33

The

1.
Community for direct human consumption:

following wines may be

imported into the

(a) wines originating in Hungary, with a total alcoholic
15 % vol, without

exceeding

strength
volume
by
enrichment, designated:

(i) by the words (cid:145)Tokaji Aszu(cid:146) or (cid:145)Tokaji Aszu-eszencia(cid:146) or

(cid:145)Tokaji Eszencia(cid:146) or (cid:145)Tokaji Szamorodni(cid:146); or

L 128/14

EN

Official Journal of the European Communities

10.5.2001

(ii) by the term (cid:145)Kueloenleges MinoesØgue bor(cid:146)

(superior
geographical

quality wine),
indication and by one of the following:

supplemented

by

a

(cid:151) (cid:145)kØs(cid:246)l sz(cid:252)retelØs(cid:252) bor(cid:146),

(cid:151) (cid:145)vÆlogatott sz(cid:252)retelØs(cid:252) bor(cid:146),

(cid:151) (cid:145)t(cid:246)ppedt sz(cid:246)l(cid:246)b(cid:246)l kØsz(cid:252)lt bor(cid:146),

(cid:151) (cid:145)aszubor(cid:146);

(b) wines originating in Switzerland, comparable to quality
wines psr when they are compulsorily designated by a
geographical
acidity,
expressed as tartaric acid, of less than 4,5 but more than
3 grams per litre, and are at
least 85 % derived from
grapes of one or more of the following vine varieties:

indication and having

total

a

(cid:151) Chasselas,

(cid:151) M(cid:252)ller-Thurgau,

(cid:151) Sylvaner,

(cid:151) Pinot noir,

(cid:151) Merlot;

by

(c) wines originating in Romania, with a total alcoholic
15 % vol, without
strength
volume
enrichment, designated (cid:145)VSOC(cid:146) or
calitate
superioara cu denumire de origine si trepte de calitate(cid:146) and
bearing one of the following geographic indications:

(cid:145)Vinuri de

exceeding

(cid:151) Cernavoda,

(cid:151) Cotnari,

(cid:151) Medgidia,

(cid:151) Murfatlar,

(cid:151) Nazarcea,

(cid:151) Pietroasa.

For the purposes of paragraph 1(a),

2.
the
official agency of the country of origin authorised to draw up
document V I 1 as referred to in this Regulation shall enter the
following in box 15 of that document:

(b) and (c),

(cid:145)It is hereby certified that this wine meets the conditions laid
down in Article 68(1)(b)((i))((ii)) of Regulation (EC) No
1493/1999 and in Regulation (EC) No 883/2001(cid:146).

CHAPTER VII

DEFINITIONS OF CERTAIN PRODUCTS IN THE WINE SECTOR
ORIGINATING IN THIRD COUNTRIES

Article 34

Definitions

The definitions of the following products in the wine sector,
originating in third countries and falling within CN codes
2009 and 2004, shall be as shown in Annex XI:

(a)

fresh grape must with fermentation arrested by the
addition of alcohol;

(b) concentrated grape must;

(c) rectified concentrated grape must;

(d)

liqueur wine;

(e) sparkling wine;

(f) aerated sparkling wine;

(g) semi-sparkling wine;

(h) aerated semi-sparkling wine;

(i) wine of overripe grapes.

CHAPTER VIII

FINAL PROVISIONS

Article 35

Repeal

Regulations (EEC) No 3388/81, (EEC) No 3389/81, (EEC) No
3590/85, and (EC) No 1685/95 and (EC) No 1281/1999 are
hereby repealed.

Article 36

Entry into force

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

its

The official agency shall authenticate this entry by affixing its
stamp.

It shall apply from 1 February 2001.

10.5.2001

EN

Official Journal of the European Communities

L 128/15

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

Done at Brussels, 24 April 2001.

For the Commission

Franz FISCHLER

Member of the Commission

L 128/16

EN

Official Journal of the European Communities

10.5.2001

ANNEX I

ISSUE OF IMPORT LICENCES

Notifications as referred to in Article 5

Period from (cid:133) to (cid:133)

Quantity in hl

Code

Country of origin

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

036

046

etc.

Switzerland

Malta

etc.

All third countries

This table includes the following figures:

column 1: sparkling wines,

column 2: red and rosØ wines,

column 3: white wines,

column 4: liqueur wines,

column 5: fortified wines,

column 6: grape juice and grape must,

column 7: concentrated grape juice and grape must,

column 8: other products, to be specified in a note.

10.5.2001

EN

Official Journal of the European Communities

L 128/17

ANNEX II

Product categories as referred to in Article 8(1)

Code

Category

2009 60 11 9100
2009 60 19 9100
2009 60 51 9100
2009 60 71 9100
2204 30 92 9100
2204 30 96 9100

2204 30 94 9100
2204 30 98 9100

2204 21 79 9910
2204 29 62 9910
2204 29 64 9910
2204 29 65 9910

2204 21 79 9100
2204 29 62 9100
2204 29 64 9100
2204 29 65 9100

2204 21 80 9100
2204 29 71 9100
2204 29 72 9100
2204 29 75 9100

2204 21 79 9200
2204 29 62 9200
2204 29 64 9200
2204 29 65 9200

2204 21 80 9200
2204 29 71 9200
2204 29 72 9200
2204 29 75 9200

2204 21 83 9100
2204 29 83 9100

2204 21 84 9100
2204 29 84 9100

2204 21 94 9910
2204 21 98 9910
2204 29 94 9910
2204 29 98 9910

2204 21 94 9100
2204 21 98 9100
2204 29 94 9100
2204 29 98 9100

1

2

3

4.1

4.2

5.1

5.2

6.1

6.2

7

8

L 128/18

EN

Official Journal of the European Communities

10.5.2001

ANNEX III

Product groups as referred to in Article 8(2)

Product code of the agricultural product
nomenclature for export refunds

Group

2009 60 11 9100
2009 60 19 9100
2009 60 51 9100
2009 60 71 9100

2204 30 92 9100
2204 30 96 9100

2204 30 94 9100
2204 30 98 9100

2204 21 79 9100
2204 21 79 9200
2204 21 79 9910
2204 21 83 9100

2204 21 80 9100
2204 21 80 9200
2204 21 84 9100

2204 29 62 9100
2204 29 62 9200
2204 29 62 9910
2204 29 64 9100
2204 29 64 9200
2204 29 64 9910
2204 29 65 9100
2204 29 65 9200
2204 29 65 9910
2204 29 83 9100

2204 29 71 9100
2204 29 71 9200
2204 29 72 9100
2204 29 72 9200
2204 29 75 9100
2204 29 75 9200
2204 29 84 9100

2204 21 94 9910
2204 21 98 9910

2204 29 94 9910
2204 29 98 9910

2204 21 94 9100
2204 21 98 9100

2204 29 94 9100
2204 29 98 9100

A

B

C

D

E

F

G

H

I

J

K

10.5.2001

EN

Official Journal of the European Communities

L 128/19

ANNEX IV

List of countries by zone of destination, as referred to in Article 9(6)

Zone 1: Africa

Angola, Benin, Botswana, British Indian Ocean Territory, Burkina Faso, Burundi, Cameroon, Cape Verde, Central
African Republic, Chad, Comoros, Congo (Brazzaville), C(cid:244)te d’Ivoire, Djibouti, Egypt, Equatorial Guinea, Eritrea,
Ethiopia, Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Kenya, Lesotho, Liberia, Libya, Madagascar, Malawi, Mali,
Mauritania, Mauritius, Mayotte, Mozambique, Namibia, Niger, Nigeria, Rwanda, Saint Helena and Dependencies, Sªo
TomØ and Pr(cid:237)ncipe, Senegal, Seychelles, Sierra Leone, Somalia, Sudan, Swaziland, Tanzania, Togo, Uganda, Zambia,
Zimbabwe.

Zone 2: Asia and Australasia

Afghanistan, American Oceania, Australian Oceania, Bahrain, Bangladesh, Bhutan, Brunei, Cambodia, China, Federated
States of Micronesia, Fiji, French Polynesia, Hong Kong, India, Indonesia, Iran, Iraq, Japan, Jordan, Kiribati, Kuwait, Laos,
Islands, Mongolia, Myanmar, Nauru, Nepal, New Caledonia and
Lebanon, Macau, Malaysia, Maldives, Marshall
Dependencies, New Zealand, New Zealand Oceania, North Korea, Northern Marianas, Oman, Pakistan, Papua New
Guinea, Philippines, Pitcairn, Qatar, Samoa, Saudi Arabia, Singapore, South Korea, Sri Lanka, Syria, Taiwan, Thailand,
Tonga, Tuvalu, United Arab Emirates, Vanuatu, Vietnam, Wallis and Futuna, West Bank and Gaza Strip, Yemen.

Zone 3: Eastern Europe and the countries of the Community of Independent States

Albania, Armenia, Azerbaijan, Belarus, Czech Republic, Estonia, Georgia, Kazakhstan, Kyrgyzstan, Latvia, Lithuania,
Moldova, Poland, Russia, Slovakia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan.

Zone 4: Western Europe:

Andorra, Ceuta and Melilla, Gibraltar, Faeroe Islands, Iceland, Liechtenstein, Malta, Norway, San Marino, Vatican City.

L 128/20

EN

Official Journal of the European Communities

10.5.2001

ANNEX V

Notifications as referred to in Article 12(4)

Export licence application

Consignor:

Date:

Period from Wednesday . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

to Tuesday . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Member State:

Person to be contacted:

Tel.

Fax

E-mail

Addressee: GD AGRI/E/2 (cid:151) fax (32) 2 295 92 52 (cid:151) e-mail: AGRI-E2@cec.eu.int

(cid:151) Part A (cid:151) Weekly notification: quantities applied for, Article 12(1)(a)

Product or category code

Quantities (hl)

Destination code

Refund rate

(cid:151) Part B (cid:151) Weekly notification: quantities issued, Article 12(1)(b)

Product or category code

Quantities (hl)

Destination code

(cid:151) Part C (cid:151) Weekly notification: quantities withdrawn, Article 12(1)(c)

Product or category code

Quantities (hl)

Destination code

Refund rate

(cid:151) Part D (cid:151) Weekly notification: quantities not used, Article 12(2)(a)

Product or category code

Quantities (hl)

Refund rate

(cid:151) Part E (cid:151) Weekly notification: quantities without licence, Article 12(2)(b)

Product or category code

Quantities (hl)

Destination code

Refund rate

10.5.2001

EN

Official Journal of the European Communities

L 128/21

ANNEX VI

List of countries as referred to in Article 22

(cid:151) Canada

(cid:151) Iran

(cid:151) Lebanon

(cid:151) People’s Republic of China

(cid:151) Taiwan

(cid:151) India

(cid:151) Bolivia

(cid:151) Republic of San Marino

10.5.2001

EN

Official Journal of the European Communities

L 128/23

ANNEX VII

V I 1 document as referred to in Article 24(1)

THIRD COUNTRY OF ISSUE:

VI1 Serial No:

DOCUMENT
FOR THE IMPORTATION OF WINE, GRAPE JUICE
OR GRAPE MUST INTO
THE EUROPEAN COMMUNITY

(1) Obligatory only for wines benefiting from a reduced customs tariff.
(2) Delete as appropriate.
(3) Put an ‘(cid:215)’ in the appropriate box.

1. Exporter

n

2. Consignee

3. CUSTOMS STAMP (1)

4. Means of transport (1)

5. Place of unloading (1)

6. Marks and reference Nos — Number and nature of packages —

7. Quantity in l/hl/kg (2)

Description of product

8. Number of bottles

9. Colour of product

10. CERTIFICATE

The product described above (3) nis/ n is not intended for direct human consumption, complies with the conditions governing production
and entry into circulation applying in the country of origin of the product and, if intended for direct human consumption, has not been
subjected to oenological practices which are not permitted under current Community provisions relating to the import of the product in
question.

Full name and address of the official agency:

Place and date:
Signature, name and title of official:

Stamp:

11. ANALYSIS REPORT

describing the analytical characteristics of the product described above
FOR GRAPE MUST AND GRAPE JUICE: density:
FOR WINE AND GRAPE MUST STILL IN FERMENTATION:

total alcoholic strength:

actual alcoholic strength:

FOR ALL PRODUCTS:
total dry extract:
citric acidity:
(3) n presence/n absence of products obtained from varieties resulting from interspecific crossings (direct producer hybrids) or from
other varieties not of the species Vitis vinifera.

total acidity:
total sulphur dioxide:

volatile acidity:

Full name and address of the laboratory:

Place and date:
Signature, name and title of official:

Stamp:

L 128/24

EN

Official Journal of the European Communities

10.5.2001

Attribution (entry into free circulation and issue of extracts)

12. No and date of customs

document of release for free
circulation and of the extract

13. Full name and address of
consignee (extract)

14. Stamp of the competent

authority

Quantity

Available

Attributed

Available

Attributed

Available

Attributed

Available

Attributed

15. Other remarks

10.5.2001

EN

Official Journal of the European Communities

L 128/25

ANNEX VIII

Technical rules on V I 1 and V1 2 forms referred to in Articles 24 and 25

A. Printing of forms

1. The size of the forms is to be approximately 210 (cid:215) 297 mm.

2. White paper sized for writing purposes weighing not less than 40 g/m2 must be used.

3.

Each form must bear the name and address or the mark of the printer.

4. The forms are to be printed in one of the official Community languages; in the case of V I 2 forms, the
language of the form is to be designated by the competent authorities of the Member State where the form is
to be stamped.

B. Completing the forms

1. The forms are to be completed in the language in which they are printed.

2.

Each form is to bear a serial number allocated:

(cid:151) in the case of V I 1 forms, by the official body signing the (cid:145)certificate(cid:146) part,

(cid:151) in the case of V I 2 forms, by the customs office stamping them.

3. The product description in box 6 of the V I 1 form and box 5 of the V I 2 extract must be completed in

accordance with Article 32 of Regulation (EEC) No 2392/89.

L 128/26

EN

Official Journal of the European Communities

10.5.2001

ANNEX IX

List of countries as referred to in Article 24(2) and Article 26

(cid:151) Australia

(cid:151) United States of America

10.5.2001

EN

Official Journal of the European Communities

L 128/27

ANNEX X

V I 2 document as referred to in Article 25(1)

EUROPEAN COMMUNITY

1. Consignor

2. Consignee

(1) Delete as appropriate.
(2) Put an ‘(cid:215)’ in the appropriate box.
(3) Obligatory only for wines benefiting from a reduced customs tariff,
for liqueur wines and for wines fortified for distillation (delete as
appropriate).

MEMBER STATE OF ISSUE:

VI2 Serial No:

EXTRACT OF A DOCUMENT
FOR THE IMPORTATION OF WINE, GRAPE JUICE
OR GRAPE MUST INTO THE EUROPEAN COMMUNITY

3. Extract V I 1 document

No:

issued by
(name of third country)

on:

4. Extract of V I 2 extract

No:

Stamped by (full name and address of the customs office within
the Community):

5. Marks and reference Nos — Number and nature of packages — Description of product

6. Quantity in l/hl/kg (1)

on:

7. Number of bottles

8. Colour of product

9. CONSIGNOR'S DECLARATION (2)

The V I 1 document referred to in box 3 n/The extract referred to in box 4 n was completed in respect of the product described above
and comprises:
n a CERTIFICATE to the effect that the product described above n is/n is not intended for direct human consumption, complies with the
conditions governing production and entry into circulation applying in the country of origin of the product and, if intended for direct
human consumption, has not been subjected to oenological practices which are not permitted under current Community provisions
relating to the import of the product in question,

n an ANALYSIS REPORT showing that this products has the following analytical characteristics:

for GRAPE MUST AND GRAPE JUICE: density:
for GRAPE AND GRAPE MUST STILL IN FERMENTATION:

total alcoholic strength:

actual alcoholic strength:

for ALL PRODUCTS:
total dry extract:
citric acid:
n presence/n absence of products obtained from varieties resulting from interspecific crossings (direct producer hybrids) or from
other varieties not of the species Vitis vinifera,

total aciduty:
total sulphur dioxide:

volatile acidity:

n as well as an ENDORSEMENT (3) from the competent official agency certifying that:

— the wine which is the subject of

this document was produced in the region of

......................................... and is recognised,

according to the rules in the country of origin, as having the right to the designation of origin mentioned in box 5,

— the alcohol added to the wine which is the subject of the present document is of vinous origin.

10. CUSTOMS STAMP

Declaration certified as true

Place and date:

Signature:

Signature:

Stamp:

Full name and address of customs office concerned:

L 128/28

EN

Official Journal of the European Communities

10.5.2001

Attribution (entry into free circulation and issue of extracts)

11. Number and date of customs
document of release for free
circulation and of the extract

12. Full name and address of
consignee (extract)

13. Stamp of the competent

authority

Quantity

Available

Attributed

Available

Attributed

Available

Attributed

Available

Attributed

10.5.2001

EN

Official Journal of the European Communities

L 128/29

ANNEX XI

Definitions referred to in Article 34

For the purposes of the provisions of this Regulation regarding importation:

(a)

(cid:145)fresh grape must with fermentation arrested by the addition of alcohol(cid:146) means a product which:

(cid:151) has an actual alcoholic strength by volume of 12 % vol or more but less than 15 % vol, and

(cid:151) is obtained by adding a product derived from the distillation of wine to unfermented grape must with a
natural alcoholic strength by volume of not less than 8,5 % vol and derived exclusively from wine grape
varieties permitted in the third country of origin;

(b)

(cid:145)concentrated grape must(cid:146) means uncaramelised grape must which:

(cid:151) is obtained by partial dehydration of grape must carried out by any method authorised by the provisions of
the third country of origin and not prohibited by Community rules, other than by direct heat, in such a way
that the figure indicated by a refractometer, used in accordance with the method prescribed in Annex XVIII to
Regulation (EC) No 1622/2000 at a temperature of 20 (cid:176)C, is not less than 50,9 %,

(cid:151) is derived exclusively from wine grape varieties permitted in the third country of origin, and

(cid:151) is obtained from grape must with at least the minimum natural alcoholic strength by volume laid down by the
third country of origin for the preparation of wine intended for direct human consumption; that alcoholic
strength may not be less than 8,5 % vol.

An actual alcoholic strength by volume of the concentrated grape must of not more than 1 % vol shall be
permissible;

(c)

(cid:145)rectified concentrated grape must(cid:146) means the liquid uncaramelised product which:

(i)

is obtained by partial dehydration of grape must carried out by any method authorised by the provisions of
the third country of origin and not prohibited by Community rules, other than by direct heat, in such a way
that the figure indicated by a refractometer, used in accordance with the method prescribed in Annex XVIII to
Regulation (EC) No 1622/2000 at a temperature of 20 (cid:176)C, is not less than 61,7 %;

(ii) has undergone treatment authorised by the provisions of the third country of origin and not prohibited by any

Community rules, for deacidification and for eliminating constituents other than sugar;

(iii) has the following characteristics:

(cid:151) a pH of not more than 5 at 25 (cid:176) Brix,

(cid:151) an optical density at 425 nm for a thickness of 1 cm of not more than 0,100 in grape must concentrated

at 25 (cid:176) Brix,

(cid:151) a sucrose content undetectable by a method of analysis to be defined,

(cid:151) a Folin-Ciocalteau index of not more than 6 at 25 (cid:176) Brix,

(cid:151) a titratable acidity of not more than 15 milliequivalents per kilogram of total sugars,

(cid:151) a sulphur dioxide content of not more than 25 milligrams per kilogram of total sugars,

(cid:151) a total cation content of not more than 8 milliequivalents per kilogram of total sugars,

(cid:151) a conductivity at 25 (cid:176) Brix and 20 (cid:176)C of not more than 120 micro-Siemens per centimetre,

L 128/30

EN

Official Journal of the European Communities

10.5.2001

(cid:151) a hydroxymethylfurfural content of not more than 25 milligrams per kilogram of total sugars,

(cid:151) presence of mesoinositol;

(iv)

is derived exclusively from wine grape varieties permitted in the third country of origin, and

(v)

is obtained from grape must with at least the minimum natural alcoholic strength by volume laid down by the
third country of origin for the preparation of wine intended for direct human consumption; that alcoholic
strength may not be less than 8,5 % vol.

An actual alcoholic strength by volume of the concentrated rectified grape must of not more than 1 % vol
shall be permissible.

(d)

(cid:145)Liqueur wine(cid:146) means a product which:

(cid:151) has an actual alcoholic strength by volume of not less than 15 % vol and not more than 22 % vol and an

overall alcoholic strength by volume of not less than 17,5 % vol, and

(cid:151) is obtained from grape must in fermentation, or wine, or a combination of these products, which must come
from vine varieties permitted in the third country of origin for the production of liqueur wine and have an
initial natural alcoholic strength by volume of not less than 12 % vol, and by the addition:

(i)

individually or in combination, of neutral alcohol of vine origin, including alcohol produced by distilling
dried grapes, having an actual alcoholic strength by volume of not less than 96 % vol, and of wine or
dried grape distillate, having an actual alcoholic strength by volume of not less than 52 % vol and not
more than 86 % vol,

(ii)

together with one or more of the following products, where appropriate:

(cid:151) concentrated grape must,

(cid:151) a combination of one of the products referred to in (i) with a grape must or a grape must in

fermentation.

However, certain quality liqueur wines for which the conditions of production are recognised as being
equivalent to those for a quality wine psr and which appear on a list to be adopted may:

(cid:151) have an overall alcoholic strength by volume of less than 17,5 % vol but not less than 15 % vol where the
legislation of the third country of origin applicable thereto before 1 January 1985 expressly so provided,

(cid:151) be obtained from grape must with a natural alcoholic strength by volume of less than 12 % vol but not

less than 10,5 % vol;

(e)

(cid:145)sparkling wine(cid:146) means the product which:

(cid:151) has an actual alcoholic strength by volume of not less than 8,5 % vol,

(cid:151) is obtained by the first or second alcoholic fermentation of fresh grapes, grape must or wine, and

(cid:151) when the container is opened, releases carbon dioxide derived exclusively from fermentation and has an excess
pressure, due to carbon dioxide in solution, of not less than 3 bar when kept at a temperature of 20 (cid:176)C in
closed containers;

(f)

(cid:145)aerated sparkling wine(cid:146) means the product which:

(cid:151) has an actual alcoholic strength by volume of not less than 8,5 % vol,

(cid:151) is obtained from wine,

10.5.2001

EN

Official Journal of the European Communities

L 128/31

(cid:151) releases, when the container is opened, carbon dioxide derived wholly or partially from an addition of that gas,

and

(cid:151) has an excess pressure, due to carbon dioxide in solution, of not less than 3 bar when kept at a temperature of

20 (cid:176)C in closed containers;

(g)

(cid:145)semi-sparkling wine(cid:146) means a product which:

(cid:151) has an actual alcoholic strength by volume of not less than 8,5 % vol,

(cid:151) has an excess pressure, due to endogenous carbon dioxide in solution, of not less than 1 bar and not more

than 2,5 bar when kept at a temperature of 20 (cid:176)C in closed containers;

(h) aerated semi-sparkling wine(cid:145)(cid:146) means a product which:

(cid:151) has an actual alcoholic strength by volume of not less than 8,5 % vol,

(cid:151) has an excess pressure, due to carbon dioxide in solution which has been added totally or partially, of not less

than 1 bar and not more than 2,5 bar when kept at a temperature of 20 (cid:176)C in closed containers.

(i)

(cid:145)Wine of overripe grapes(cid:146) means a product which:

(cid:151) has a natural alcoholic strength by volume of more than 15 % vol,

(cid:151) has a total alcoholic strength by volume of not less than 16 % vol and an actual alcoholic strength of not less

than 12 % vol,

(cid:151) is prepared in the third country of origin from grapes of wine grape varieties permitted in the third country of

origin and harvested in that country,

(cid:151) has undergone ageing, where applicable.