Commission Regulation (EC) No 1315/2002 of 19 July 2002 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: 2002-07-19
Institutions: European Commission
Subjects: Portugal, common organisation of markets, distillation, marketing, table wine, vinification, viticulture

L 192/24

EN

Official Journal of the European Communities

20.7.2002

COMMISSION REGULATION (EC) No 1315/2002

of 19 July 2002

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,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1493/1999 of 17
in
May 1999 on the common organisation of the market
wine (1), as last amended by Regulation (EC) No 2585/2001 (2),
and in particular Article 33 thereof,

Whereas:

(1)

(2)

(3)

Article 63 of Commission Regulation (EC) No 1623/
2000 (3), as last amended by Regulation (EC) No 420/
2002 (4),
lays down delivery dates among the other
detailed rules on distillery deliveries.

In Portugal, when the intervention agency takes over
alcohol produced from various distillations, the distillers
deliver the product to the intervention agency, which
stores it in the premises under its management. The
Community then sells this stored alcohol through invita-
tions to tender.

It was not possible to conduct invitations to tender in
the most recent period, and the agency’s storage facilities
are now completely full. Consequently, as the Portuguese
intervention agency has not yet been able to organise
new premises, it asked the distillers to store the alcohol
on their own premises. The distillers have gradually
reached their storage capacity limits as a result and have
been unable to accept all the wines to be delivered by
the producers for distillation under Article 1 of Commis-
sion Regulation (EC) No 378/2002 (5).

(4)

(5)

(6)

The delivery period in Portugal must
therefore be
the planned operation can be
extended so that
completed and operators are not penalised for deliveries
made after 30 June. Allowing deliveries to continue is
advisable in order to prevent deliveries from extending
beyond the wine year.

This amendment must therefore apply retroactively from
1 July 2002. This retroactivity does not prejudice the
operators’
legitimate expectations because it provides
only for an extension of the delivery period.

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

HAS ADOPTED THIS REGULATION:

Article 1

The following subparagraph is hereby added to Article 63(9) of
Regulation (EC) No 1623/2000:

‘However, for the 2001/02 marketing year, the wines listed
in the contracts concluded with Portugal for distillation
under Article 1 of Regulation (EC) No 378/2002 can be
delivered until 31 July 2002.’

Article 2

This Regulation shall enter into force on the day of its publica-
tion in the Official Journal of the European Communities.

It shall apply from 1 July 2002.

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

Done at Brussels, 19 July 2002.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 179, 14.7.1999, p. 1.
(2) OJ L 345, 29.12.2001, p. 10.
(3) OJ L 194, 31.7.2000, p. 45.
(4) OJ L 112, 27.4.2002, p. 3.
(5) OJ L 60, 1.3.2002, p. 22.