Commission Regulation (EC) No 1282/2001 of 28 June 2001 laying down detailed rules for the application of Council Regulation (EC) No 1493/1999 as regards the gathering of information to identify wine products and to monitor the wine market and amending Regulation (EC) No 1623/2000
Date: 2001-06-28
Institutions: European Commission
Subjects: exchange of information, farmer, grape, production, viticulture, wine

L 176/14

EN

Official Journal of the European Communities

29.6.2001

COMMISSION REGULATION (EC) No 1282/2001

of 28 June 2001

laying down detailed rules for the application of Council Regulation (EC) No 1493/1999 as regards
the gathering of information to identify wine products and to monitor the wine market and
amending Regulation (EC) No 1623/2000

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(6)

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 last amended by Regulation (EC) No 2826/2000 (2),
and in particular Articles 23, 33 and 73 thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

Article 18 of Regulation (EC) No 1493/1999 states that
producers of grapes
intended for winemaking and
producers of must and wine are required to make
harvest declarations in respect of the most recent harvest
and that producers of wine and must and commercial
operators other than retailers must declare their stocks
each year.

That Article also stipulates that the Member States can
also require grape merchants to declare the quantities of
grapes marketed.

In order to facilitate market management operations, a
time limit should be laid down for making declarations.
Since harvesting takes place at different
in
different Member States, the deadlines for declarations
by producers should be staggered. Provision should also
be made to require operators selling wine products
before the dates specified for declarations to make
declarations.

times

However, producers who can provide all the necessary
information required in a single declaration of wine
production need not make two declarations. Very small
producers can be exempted from making declarations as
for a very small
total production accounts
their
percentage of Community production.

In order to facilitate the application of this Regulation,
the particulars which must be given in the declarations
should be laid down here in tabular form while the
Member States should be allowed to decide on the form
in which operators are to provide them. The time limits
by which the Member States are to centralise and
forward the data they have collected to the Commission
and the manner in which the data are to be forwarded
should also be specified.

(7)

(8)

(9)

(10)

(11)

The category of
‘other wines’ should be defined in
keeping with the classification of vine varieties that may
be cultivated in the Community, as established by the
Member States in accordance with Article 19 of Regula-
tion (EC) No 1493/1999.

Information relating to areas could be inaccurate where
the declarants have not had suitable means of verifica-
their disposal. Provision should therefore be
tion at
made in such cases for penalties varying according to
the seriousness of
in declarations
presented.

the inaccuracies

The penalty arrangements must provide for a sufficient
degree of proportionality with regard to declarations
submitted by wine-growers that are found to contain
omissions or errors. The penalties should therefore vary
with the correction made to the declarations.

Harvest and stock declarations submitted by the various
parties concerned are currently the only means of prop-
erly knowing the quantities of wine produced and wine
stocks. Appropriate steps therefore need to be taken to
ensure that declarations are presented by the parties
concerned and are complete and accurate by providing
for penalties where declarations are not forthcoming or
are false or incomplete when presented. To facilitate the
processing of data relating to declarations, each declara-
tion presented in a competent administrative unit should
be considered separately from any others that the same
producer may have presented in other administrative
units in the Member State.

Council Regulation (EEC) No 2392/86 (3), as
last
amended by Regulation (EC) No 1631/98 (4), provides
for the establishment of a Community vineyard register.
The Member States with a complete register should be
allowed to use certain data from that register if declara-
tions do not provide them.

Certain information must be available on the wine
market to ensure that it can be monitored. In addition to
the data provided in the summaries of
the various
declarations,
information on wine supplies, utilisation
and prices is essential. The Member States should there-
fore be required to gather this information and send it to
the Commission on certain fixed dates.

(1) OJ L 179, 14.7.1999, p. 1.
(2) OJ L 328, 23.12.2000, p. 4.

(3) OJ L 208, 31.7.1986, p. 1.
(4) OJ L 210, 28.7.1998, p. 14.

29.6.2001

EN

Official Journal of the European Communities

L 176/15

(12)

In this connection it should be recalled that, to ensure
effective monitoring of the market and to allow reliable
budget forecasts to be made in good time, the dates laid
down for sending information must be complied with.

(13) With a view to ensuring the necessary consistency
between the penalties provided for in this Regulation
and those laid down to the same effect in Commission
Regulation (EC) No 1623/2000 (1), as last amended by
Regulation (EC) No 545/2001 (2), that Regulation should
be amended and the penalties adapted accordingly.

(14)

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 detailed rules for the application of Regulation (EC) No
1493/1999 as regards the gathering of information to identify
wine products and to monitor the wine market shall be as laid
down in this Regulation.

CHAPTER I

Harvest declarations

Article 2

1.
Natural or legal persons or groups of such persons who
harvest grapes, hereinafter referred to as ‘harvesters’, shall
submit each year to the competent authorities in the Member
States a harvest declaration for the administrative unit speci-
fied, containing at least the information specified in Table A
and, where appropriate, Table B of the Annex hereto.

Member States may authorise the presentation of one declara-
tion per holding.

The following shall not be required to submit a harvest

2.
declaration:

(a) harvesters whose entire grape production is intended for
consumption unprocessed or for drying or for processing
directly into grape juice;

(b) harvesters whose holdings comprise less than 10 ares of
area under vines, no part of whose harvest has been or will
be marketed in any form whatsoever;

(c) harvesters whose holdings comprise less than 10 ares of
area under vines and who deliver their entire harvested
production to the cooperative winery or group to which
they belong or with which they are associated. In such case

(1) OJ L 194, 31.7.2000, p. 45.
(2) OJ L 81, 21.3.2001, p. 21.

harvesters must provide the cooperative winery or group
with a declaration specifying:

(i) the name, first name and address of the wine-grower;

(ii) the quantity of grapes delivered;

(iii) the size and location of

the areas under vines

concerned.

The cooperative winery or group shall check the accuracy of
the data contained in this declaration against the information at
its disposal.

3.
Notwithstanding the first subparagraph of paragraph 1
and without prejudice to the obligations arising from Article 4,
Member States may exempt from the obligation to submit
harvest declarations:

(a) harvesters who themselves process the whole of

their
harvest of grapes into wine or cause it to be processed on
their behalf;

(b) harvesters associated with or belonging to a wine cooper-
ative or group who deliver the whole of their harvest to
that wine cooperative or group as grapes and/or must,
including the harvesters referred to in Article 4(4).

Article 3

The area to be entered in the declaration referred to in Article 2
shall be the area under vines in production in the adminis-
trative unit specified by the Member State.

CHAPTER II

Production, treatment and/or marketing declarations

Article 4

1.
Natural or legal persons or groups of such persons,
including winemaking cooperatives, who from the current
year's harvest have produced wine and/or hold, at the dates
specified in Article 11(1), products other than wine shall
submit a production declaration each year containing at least
the information specified in Table C of the Annex hereto to the
competent authorities designated by the Member States.

2. Member States may lay down that natural or legal
persons or groups of such persons,
including winemaking
cooperatives who, before the dates specified in Article 11(1),
have treated and/or marketed products upstream of wine for
the current marketing year shall submit a treatment and/or
marketing declaration containing at least the information speci-
fied in Table C to the competent authorities.

The harvesters referred to in Article 2(2) and producers
3.
who obtain, by vinification on their premises of products
bought in, less than 10 hectolitres of wine which has not been
or will not be marketed in any form whatsoever shall not be
required to submit a production declaration or, where applic-
able, a treatment or marketing declaration.

L 176/16

EN

Official Journal of the European Communities

29.6.2001

Exemption from the obligation to submit a production
4.
declaration shall also be granted to harvesters belonging to or
associated with a cooperative winery that is required to submit
a declaration, who deliver their production of grapes to that
winery but reserve the right to obtain by vinification a quantity
of wine of less than 10 hectolitres for their family consump-
tion.

5.
In the case of natural or legal persons or groups of such
persons who market products upstream of wine, the Member
States shall take the necessary measures to ensure that produ-
cers required to submit declarations are able to obtain the
various data that they must give in the declarations.

Article 5

Notwithstanding Article 4, Member States which have,
in
accordance with Regulation (EEC) No 2392/86, established an
annually updated vineyard register or similar administrative
control instrument may release the natural or legal persons,
groups of such persons or harvesters referred to in that Article
from the obligation to declare the area.

In such cases the competent authorities of the Member States
shall themselves complete the declarations referred to in that
Article by indicating the area on the basis of the data in the
register.

CHAPTER III

Stock declarations

Article 6

1.
Each year natural or legal persons or groups of such
persons other than private consumers and retailers shall declare
the stocks of grape must, concentrated grape must, rectified
concentrated grape must and wine held by them at 31 July to
the competent authorities of the Member States. As regards
Community wine products, such declarations shall not include
those obtained from grapes harvested in the same calendar
year.

However, Member States where the annual wine production
does not exceed 25 000 hectolitres may exempt traders other
than retailers who hold small stocks from the obligation to
make the declarations provided for in the first subparagraph if
the competent authorities are in a position to give the
Commission a statistical assessment of those stocks held in the
Member State.

2.
‘Retailer’ within the meaning of paragraph 1 means any
natural or legal person or group of such persons whose busi-
ness activity includes the sale of wine in small quantities
directly to the consumer, with the exception of those who use
cellars equipped for storing and handling wine in large quant-
ities.

The quantities referred to in the first subparagraph shall be
determined by each Member State having regard in particular
to the special features of trade and distribution.

The declaration provided for in paragraph 1 shall contain
3.
at least the information specified in Table D in the Annex
hereto.

CHAPTER IV

Common provisions

Article 7

1.
The Member States shall draw up the model forms for the
various declarations and shall ensure that these forms contain
at least the items specified in Tables A, B, C and D of the
Annex.

The forms referred to above need not include an explicit refer-
ence to the area if the Member State is able to determine this
with certainty from the other information contained in the
declaration, such as the area in production and the total harvest
of the holding, or in the vineyard register.

The information contained in the declarations referred to in the
first subparagraph shall be centralised at national

level.

Member States shall adopt any control measures necessary to
ensure the accuracy of the declarations.

They shall notify the Commission of these measures and shall
send in the model
to the first
subparagraph.

forms drawn up pursuant

2. Member States whose areas under vines do not exceed
100 ha and which have at their disposal:
— some of the information that must appear on the declara-
tions referred to in Chapters I and II from other adminis-
trative acts may leave the declarations blank in this regard;
— all of the information that must appear on the declarations
referred to in Chapters I and II from other administrative
acts may release operators from the obligation to submit
these declarations.

The Member States in which Chapters I and II of Title II of
Regulation (EC) No 1493/1999 do not apply pursuant
to
Article 21 of that Regulation and which have at their disposal:
— some of the information that must appear on the declara-
tions referred to in Chapter III from other administrative
acts may leave the declarations blank in this regard,
— all of the information that must appear on the declarations
referred to in Chapter III from other administrative acts
may release the operators from the requirement to submit
these declarations.

Article 8

For the purposes of making out the declarations referred to in
Articles 2 and 4,
‘other wines’ means wines obtained from
grapes of varieties listed in the classification of vine varieties
drawn up by the Member States in accordance with Article 19
of Regulation (EC) No 1493/1999 for the same administrative
unit as both wine-grape varieties and, as the case may be,
table-grape varieties, varieties for the production of dried
grapes or varieties for the production of wine spirits.

29.6.2001

EN

Official Journal of the European Communities

L 176/17

However, for the purposes of the declaration referred to in
Article 4,
‘other wines’ within the meaning of the first para-
graph only means wines intended for the production of wine
spirits with a registered designation of origin or wine for
compulsory distillation as referred to in Article 28 of Regula-
tion (EC) No 1493/1999.

Article 9

The quantities of products to be entered in the declarations
provided for in Articles 2, 4 and 6 shall be expressed in
hectolitres of wine. The quantities of concentrated grape must
and rectified concentrated grape must entered in the declara-
tions referred to in Article 4 shall be expressed in hectolitres of
those products.

However, Member States may lay down that the quantities in
the declarations provided for in Article 2 are to be expressed in
quintals rather than hectolitres.

To convert quantities of products other than wine into hectoli-
tres of wine, the Member States may fix coefficients that may
vary with different objective criteria having a bearing on the
conversion. Member States shall communicate the coefficients
to the Commission along with the summary provided for in
Article 14.

The quantity of wine to be entered in the production declara-
tions provided for in Article 4 shall be the total quantity
obtained on completion of the principal alcoholic fermenta-
tion,

including the wine lees.

Article 10

This Regulation shall not affect any provisions of Member
States on harvest, production, treatment and/or marketing or
stock declarations which provide for the supply of fuller infor-
mation, in particular by covering a wider range of persons than
those provided for in Articles 2, 4 and 6.

Article 11

The declarations referred to in Articles 2 and 4 shall be
1.
submitted not
later than 10 December. However, Member
States may set an earlier date or dates. They may also set a date
at which the quantities held are taken into account in making
declarations.

2.
The declarations referred to in Article 6 shall be made not
later than 10 September in respect of quantities held at 31 July.
However, Member States may set an earlier date or dates.

CHAPTER V

Penalties

Article 12

Persons required to submit harvest, production, marketing
and/or treatment or stock declarations who do not submit such
declarations by the dates specified in Article 11 shall not,
force majeure, qualify for the measures
except

in cases of

provided for in Articles 24, 29, 30, 34 and 35 of Regulation
(EC) No 1493/1999 for the wine year in question or the
following wine year.

However, exceeding the time limits specified in the first para-
graph by not more than five working days shall entail a 15 %
reduction only in the amounts payable for the wine year in
question and a 30 % reduction if those time limits are exceeded
by not more than 10 working days.

Article 13

to

submit

Persons

harvest,

required

1.
production,
marketing and/or treatment or stock declarations who submit
declarations found to be incomplete or inaccurate by the
competent authorities of the Member States may qualify for the
measures referred to in Articles 24, 29, 30, 34 and 35 of
Regulation (EC) No 1493/1999 only if the missing or inaccu-
rate details are not essential to the proper application of those
measures.

2.
Except in cases of force majeure, where the declarations
referred to in this Regulation are found to be incomplete or
inaccurate by the competent authorities of the Member States
and where the missing or inaccurate information is essential to
the proper application of
the
Member State shall apply the following penalties, irrespective
of any national penalties applied:

the measures in question,

(a) in the case of the measures referred to in Articles 24, 34
and 35 of Regulation (EC) No 1493/1999, the aid shall be
reduced:

— by the same percentage as the percentage adjustment
made to the quantity declared, where that adjustment is
5 % or less,

— by twice the percentage of the adjustment made to the
quantity declared, where that adjustment is more than
5 % but not more than 20 %.

Neither this aid nor that for the following wine year shall be
granted where the adjustment made to the quantity declared
is more than 20 %.

Where the error detected in the declaration arises from
information supplied by other operators and/or associates
whose names are entered in the required documents and
that
information cannot be checked a priori by the
declarant, the aid shall be reduced only by the percentage of
the adjustment made;

(b) in the case of the measures referred to in Articles 29 and
30 of Regulation (EC) No 1493/1999, where the wine
delivered for distillation has not yet been paid for, the price
payable by the distiller to the declaring producer shall be
reduced as follows:

— by the same percentage as the adjustment made to the
in percentage terms, where that

declared volume,
adjustment is 5 % or less,

— by twice the percentage of the adjustment made to the
declared volume where that adjustment is more than
5 % and not more than 20 %.

L 176/18

EN

Official Journal of the European Communities

29.6.2001

Neither these prices nor those for the following wine year
shall be paid where the adjustment made to the quantity is
more than 20 %.

Where the error detected in the declaration arises from
information supplied by other operators and/or associates
whose names are entered in the required documents and
that
information cannot be checked a priori by the
declarant, the aid shall be reduced by only the percentage of
the adjustment made.

The competent authorities shall adjust the aid to be paid to
the distiller in proportion to the price paid to the producer.

3. Where the aid referred to under paragraph 2(a) has
already been paid, the competent authorities shall recover the
aid paid in excess, plus interest at the current rate in the
Member State from the date of payment of the aid until its
recovery. Any amount paid in excess by way of an advance on
the aid obtained under the rules applying must be refunded to
the competent agency, plus interest at the current rate in the
Member State from the date of payment of the advance until its
recovery.

CHAPTER VI

Communications to be made by the Member States

Article 14

Member States shall establish by dates that allow for the
communications referred to in Article 16:

(a) a national

summary of

the production declarations
provided for in Article 4 and, where appropriate, the coeffi-
cients used to convert the quantities of products other than
wine from quintals into hectolitres of wine in the various
production regions;

(b) a national summary of the stock declarations provided for

in Article 6;

(c) an estimate for the current marketing year of the likely
volume of wine products obtained on their territory;

(d) an appraisal for the current marketing year of those partic-
ulars allowing supplies of wine products and quantities
used on their territory to be estimated;

(e) a provisional report on the preceding marketing year and a

final report on the marketing year before that.

Article 15

1. With a view to recording prices, the Member States, with
the exception of those in which Chapters I and II of Title II of
Regulation (EC) No 1493/1999 do not apply pursuant
to
Article 21 of that Regulation, shall identify production areas
made up of wine-growing regions where production is of a
sufficiently uniform nature.

The Member States shall identify the markets in each area

2.
where the prices are to be recorded.

3.
Every 14 days, the prices of red and white table wines
without a geographical indication and the quantity marketed
shall be recorded at those markets by any appropriate means.

The above prices shall be those for unpacked goods

4.
ex-producer's premises.

Article 16

1.

The Member States shall send the Commission:

(a) by 15 September and 30 November of the current wine
year at the latest, the estimates referred to in Article 14(c)
of the likely quantity of wine products obtained on their
territory;

(b) by 30 November at the latest, the summary of the stock

declarations referred to in Article 14(b);

(c) by 30 November at the latest, the appraisals referred to in
Article 14(d) of those particulars allowing supplies of wine
products and quantities used on their territory to be esti-
mated;

(d) by 15 November at the latest, the provisional report on the
preceding wine year and by 15 March at the latest, the final
report for the wine year before that as referred to in Article
14(e). Those reports shall be sent to Eurostat, the Statistical
Office of the European Communities;

(e) by 15 February at the latest, the summary of the produc-
tion declarations referred to in Article 14(a) or an estimate
of that summary. Where an estimate is sent, the definitive
result must be sent by 15 April at the latest.

Notifications by e-mail shall be confirmed by a postal delivery
by the above deadlines, as evidenced by the postmark.

2.

The Member States shall send the Commission:

(a) before 1 August 2001:

— the demarcation of the production areas established,

— the estimated production of the regions making up
these production areas for the preceding five wine
years,

— the names of the markets selected in each area where

prices are to be recorded,

— the arrangements adopted for the recording of prices;

(b) every second Tuesday from 1 August 2001, the prices and
the quantities marketed, together with any other informa-
tion deemed useful for assessing market developments in
the production areas;

(c) any changes in the particulars referred to in the first and

third indents of point (a).

29.6.2001

EN

Official Journal of the European Communities

L 176/19

CHAPTER VII

General and final provisions

Article 17

(a) failure by the producer to present the harvest, produc-
tion or stock declaration within the time allowed.

The amount to be recovered shall be determined in
accordance with the rules laid down in Article 12 of
Commission Regulation (EC) No 1282/2001 (*);

Member States shall notify the Commission of any important
new facts likely to alter substantially the assessment of available
quantities and quantities used based on definitive information
for past years.

Article 18

In addition to their use for statistical purposes, the data in the
declarations shall be used for the application of Regulation (EC)
No 1493/1999. In particular, the data on the breakdown of
production into tables wines, quality wines psr and other wines
shall determine the producers' rights and obligations pursuant
to that Regulation.

Article 19

(a)

found by the competent authority of

(b) presentation of one of the declarations referred to in
point
the
Member State to be incomplete or inaccurate, where
the missing or inaccurate data are essential
to the
application of the measure concerned.

The amount to be recovered shall be determined in
accordance with the rules laid down in Article 13 of
Regulation (EC) No 1282/2001;

(c) failure to meet the obligations laid down in Article 37
of Regulation (EC) No 1493/1999 where the infringe-
ment
is detected or notified to the distiller after
payment of the minimum price on the basis of previous
declarations.

All the aid paid to the distiller shall be recovered.

The Commission shall ensure that the information it receives
under this Regulation is properly distributed.

(*) OJ L 176, 29.6.2001, p. 14.’

Article 20

Article 74(4) of Regulation (EC) No 1623/2000 is hereby
replaced by the following:

recover

The intervention agency shall

‘4.
from the
producer an amount equal to some or all of the aid paid to
the distiller in cases where a producer does not meet the
requirements laid down in the Community rules on the
distillation operation in question, for one of the following
reasons:

Article 21

Repeals

Commission Regulations (EEC) No 2396/84 (1) and (EC) No
1294/96 (2) are hereby repealed.

Article 22

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

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

Done at Brussels, 28 June 2001.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 224, 21.8.1984, p. 14.
(2) OJ L 166, 5.7.1996, p. 14.

L 176/20

EN

Official Journal of the European Communities

29.6.2001

X
E
N
N
A

29.6.2001

EN

Official Journal of the European Communities

L 176/21

L 176/22

EN

Official Journal of the European Communities

29.6.2001

29.6.2001

EN

Official Journal of the European Communities

L 176/23