Commission Regulation (EC) No 1660/2001 of 16 August 2001 amending Regulation (EC) No 1623/2000 laying down detailed rules for implementing Council Regulation (EC) No 1493/1999 on the common organisation of the market in wine with regard to market mechanisms
Date: 2001-08-16
Institutions: European Commission
Subjects: common organisation of markets, vinification, viticulture

L 221/8

EN

Official Journal of the European Communities

17.8.2001

COMMISSION REGULATION (EC) No 1660/2001

of 16 August 2001

amending Regulation (EC) No 1623/2000 laying down detailed rules for implementing Council
Regulation (EC) No 1493/1999 on the common organisation of the market in wine with regard to
market mechanisms

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European
Community,

Article 1

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 33 and 36 thereof,

Whereas:

Article 58 of Commission Regulation (EC) No 1623/
2000 of 25 July 2000 laying down detailed rules for
implementing Council Regulation (EC) No 1493/1999
on the common organisation of the market in wine with
regard to market mechanisms (3), as last amended by
Regulation (EC) No 1282/2001 (4), lays down rules on
the remaining quantities to be delivered by producers
under their obligations. In the light of experience gained,
the time limit should be put back.

Article 63 of Regulation (EC) No 1623/2000 provides
for the introduction of an aid scheme for the distillation
of potable alcohol from wine. That scheme was first
introduced for the 2000/01 wine year. Changes are
required in line with experience gained in the first year
of application.
In particular, distillation should be
opened later in the year and the percentage of produc-
tion that wine producers can deliver for distillation
should be smaller. In addition, a time limit must be set
for distillation.

(1)

(2)

(3)

Regulation (EC) No 1623/2000 is hereby amended as follows:

1. The first paragraph of Article 58 is replaced by the

following:

‘Producers subject to one of the obligations referred to in
Articles 45 or 52 of this Regulation and who have delivered
at least 90 % of the quantity of product which they are
obliged to deliver before 15 July of the current wine year
may discharge their obligation by delivering the remaining
quantity before a date,
to be fixed by the competent
national authority, which may not be after 31 July of the
following wine year.’

2. Article 63 is amended as follows:

(a) Paragraphs 1 and 2 are replaced by the following:

‘1.
Distillation of table wine and wine suitable for
yielding table wine in accordance with Article 29 of
Regulation (EC) No 1493/1999 shall be opened from 16
October each wine year.

2.
The quantity of table wine and wine suitable for
yielding table wine that each producer may have
distilled shall not exceed 30 % of his highest production
of such wine declared in the last three wine years,
including the current year if production has already
been declared. Where the above percentage is applied,
the quantity of table wine produced shall be that given
as wine in the column headed “Table wines” of the
declaration of quantities produced as referred to in
Article 18(1) of Regulation (EC) No 1493/1999.’

Articles 86 to 102 of Regulation (EC) No 1623/2000 lay
down detailed rules for the disposal of alcohol held by
the intervention agencies. Certain material errors should
be corrected and in particular the amount to be paid for
samples should be adjusted and the tolerance for bio-
ethanol involving products requiring rectification should
be the same as that for new industrial uses.

(b) The following paragraph is added:

‘10. Wine delivered to a distillery must be distilled by
30 September of the following wine year at the latest.’

3. The first paragraph of Article 86 is replaced by the

following:

(4)

The Management Committee for Wine has not delivered
an opinion within the time limit set by its Chairman,

(1) OJ L 179, 14.7.1999, p. 1.
(2) OJ L 328, 23.12.2000, p. 2.
(3) OJ L 194, 31.7.2000, p. 45.
(4) OJ L 176, 29.6.2001, p. 14.

‘The Commission, acting in accordance with the procedure
laid down in Article 75 of Regulation (EC) No 1493/1999,
shall issue several invitations to tender every quarter, each
relating to at least 50 000 hectolitres of wine alcohol and,
taken together, relating to not more than 600 000 hectoli-
tres of alcohol at 100 % vol each quarter, for export to
certain third countries for end use in the motor-fuel sector
only.’

17.8.2001

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Official Journal of the European Communities

L 221/9

4. Article 91(12) is replaced by the following:

‘12.
The intervention agency concerned shall release the
export security for each quantity of alcohol for which it
receives proof of export within the time limit allowed.
Notwithstanding Article 23 of Regulation (EEC) No 2220/
85 and except in cases of force majeure, where the time limit
for export is exceeded the following percentages of the
export security of EUR 3 per hectolitre of alcohol at 100 %
vol shall be forfeit:
(a) 15 % in all cases;
(b) 0,33 % of the amount remaining after 15 % has been
deducted for each day by which the time limit for
export has been exceeded.’

5. The second and third subparagraphs of Article 95(2) are

replaced by the following:
‘This prohibition shall not relate to alcohol
in vats not
covered by the notices of invitation to tender or public sale
concerned or not specified in the Commission decision
referred to in Articles 83 to 93.
For logistical reasons in particular, the intervention agencies
holding the vats of alcohol specified in the notification from
the Member States referred to in paragraph 1 may replace
the alcohol concerned with other alcohol of the same type
or mix it with other alcohol delivered to the intervention
agency until a removal order is issued for the alcohol
concerned. The intervention agencies of the Member States
shall notify the Commission that
the alcohol has been
replaced.’

6. Article 98 is amended as follows:

(a) Paragraph 1 is replaced by the following:

‘1.
From the publication of a notice of invitation to
tender to the closing date for the submission of tenders
in response to that invitation,
interested parties may
obtain samples of the alcohol put up for sale against
payment of EUR 10 per litre. The quantity made avail-
able to individual interested parties may not exceed five
litres per vat. For disposal under subsection III, samples

may be obtained for the same consideration in the 30
days following the notice of public sale.’

(b) Paragraph 2 is replaced by the following:

After

the closing date for

‘2.
the submission of
tenders or after 30 days following the notice of public
sale:

(a) tenderers or approved firms as referred to in Article
92 may obtain samples of the alcohol awarded;

(b) tenderers offered replacement alcohol pursuant to
Article 83(3) may obtain samples of the replacement
alcohol proposed.

Such samples, which may not exceed five litres per vat,
may be obtained from the intervention agency against
payment of EUR 10 per litre.’

7. Article 100(2)(c) is replaced by the following:

‘(c) In the case of alcohol awarded for a new industrial use
and under public sales for the use of bio-ethanol in the
motor-fuel sector in the Community which must be
rectified prior to utilisation for the end use specified, the
alcohol removed shall be deemed to have been used
entirely for the purpose specified where at least 90 % of
the total quantities of alcohol removed under an invita-
tion to tender or a public sale is used for that purpose;
the successful tenderer or the approved firm that has
inform the
agreed to purchase the alcohol
the
Commission and the
quantity, destination and use of the products which
have undergone rectification. However, losses may not
exceed the limits specified in point (b).’

intervention agency of

shall

Article 2

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

It shall apply from 25 August 2001.

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

Done at Brussels, 16 August 2001.

For the Commission

Franz FISCHLER

Member of the Commission