Commission Regulation (EC) No 1491/2002 of 20 August 2002 laying down detailed rules for the application of the specific measures for wine in the outermost regions introduced by Council Regulations (EC) No 1453/2001 and (EC) No 1454/2001
Date: 2002-08-20
Institutions: European Commission
Subjects: Azores, Canary Islands, Madeira, aid to agriculture, peripheral region, regional aid, viticulture, wine

21.8.2002

EN

Official Journal of the European Communities

L 224/49

COMMISSION REGULATION (EC) No 1491/2002

of 20 August 2002

laying down detailed rules for the application of the specific measures for wine in the outermost
regions introduced by Council Regulations (EC) No 1453/2001 and (EC) No 1454/2001

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1453/2001 of 28
June 2001 introducing specific measures for certain agricultural
products for the Azores and Madeira and repealing Regulation
(EC) No 1600/92 (Poseima) (1), and in particular Articles 9, 20
and 31 thereof,

Having regard to Council Regulation (EC) No 1454/2001 of 28
June 2001 introducing specific measures for certain agricultural
products for the Canary Islands and repealing Regulation (EC)
No 1601/92 (Poseican) (2), as amended by Commission Regula-
tion (EC) No 1195/2002 (3), and in particular Articles 12 and
13 thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

Article 9 of Council Regulation (EC) No 1453/2001
provides for the grant in Madeira and the Azores of flat-
rate per hectare aid to encourage the continued cultiva-
tion of vines for the production of quality wines psr in
the traditional production areas.

Articles 20 and 31 provide for the grant of certain aids
for the continued preparation and marketing of tradi-
tional liqueur wines within the limits of the requirements
arising from the methods traditionally used in Madeira,
and for the ageing of ‘verdelho’ wine in the Azores.

rectified concentrated musts

For Madeira, the scheme comprises aid for the purchase
of
the
Community, for the purchase of wine alcohol, for the
ageing of liqueur wines and for the shipment and the
marketing of these wines on the Community market.

in the rest of

Temporarily, pending the results of a study on supply
costs, the present amount of the aid for the purchase of
the aid for the
rectified concentrated musts and of
purchase of wine
should be
continued.

in Madeira

alcohol

In the Azores, the scheme provides for aid for the ageing
of ‘verdelho’ wine requiring three years’ ageing or more
to be paid each year during three marketing years.

(6) With a view to the sound and straightforward manage-
ment of the aid scheme for the ageing of liqueur wines,
provision should be made for a contract to be concluded
for a period of
five years between the producers
concerned and the competent body in Madeira.

(7)

In the same spirit, aid payments must be spread evenly
over the period of performance of the contract and be

(1) OJ L 198, 21.7.2001, p. 26.
(2) OJ L 198, 21.7.2001, p. 45.
(3) OJ L 174, 4.7.2002, p. 11.

made subject to the lodging on one occasion only of a
performance guarantee for a reasonable amount.

The flat-rate per hectare aid to encourage the continued
cultivation of vines for the production of quality wines
psr in the traditional production areas will be granted,
on application, to producer groups and producer organi-
sations and, during a transitional period to be deter-
mined, to individual producers.

Detailed rules should be laid down for the management
of these arrangements and for checks.

These rules must cover the minimum information that
must appear in aid applications in order that areas given
over to winegrowing can be identified, together with the
checks to be carried out.

To ensure the continuity of these aid schemes, provision
should be made for the detailed rules in this Regulation
to apply from 1 January 2002.

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

(8)

(9)

(10)

(11)

(12)

HAS ADOPTED THIS REGULATION:

CHAPTER I

Scope

Article 1

This Regulation lays down detailed rules for the application of
Articles 9, 20 and 31 of Council Regulation (EC) No 1453/
2001 and Article 13 of Council Regulation (EC) No 1454/
2001.

CHAPTER II

Aid for the purchase of rectified concentrated musts and
wine alcohol in Madeira

Article 2

1.
Producers established in the Madeira archipelago wishing
to qualify for aid for the purchase of rectified concentrated
musts for use in wine-making to sweeten Madeira liqueur
wines, or aid for the purchase of wine alcohol, in accordance
with Article 20(2) and (3) of Regulation (EC) No 1453/2001,

L 224/50

EN

Official Journal of the European Communities

21.8.2002

shall submit to the competent body, by a date specified by the
latter, and at
the latest on 31 October, an application
containing at least the following:

— a copy of the contract for the purchase of rectified concen-
trated musts or the purchase of wine alcohol in the rest of
the Community,

— the quantity of rectified concentrated musts or wine alcohol
for which aid is requested, expressed in hectolitres and in %
vol,

are not reached, with priority being given to the youngest
wines.

4. Where the overall quantity for which applications are
submitted exceeds the quantitative limits laid down in Regula-
tion (EC) No 1453/2001, a percentage reduction shall be
applied. The total quantity of product for which a producer
submits an aid application may not exceed that covered for the
marketing year in question by a production declaration as
provided for in Commission Regulation (EC) No 1282/2001 (1).

— the date of taking over of the musts or wine alcohol,

— the date set for the start of the operations to prepare liqueur
wines, and the place at which these operations are to be
carried out.

The Portuguese authorities shall make known to the

5.
Commission:

— the overall quantities
concluded each year,

for which contracts have been

2.

The amount of the aid shall be EUR 12,08 per hectolitre.

— the detailed rules for the application of this paragraph.

3.
The aid for the purchase of rectified concentrated musts
shall be paid in respect of a maximum quantity of 3 600 hecto-
litres, and that for the purchase of wine alcohol shall be paid in
respect of a maximum quantity of 8 000 hectolitres, in each
marketing year.

Article 3

1.
The competent body shall take all necessary steps to
verify the accuracy of the applications and check that the recti-
fied concentrated musts and the wine alcohol covered by the
aid applications are actually used in the proper way.

2.
The competent body shall pay the aid to the producer
before the end of the wine year concerned, without prejudice to
any delays caused by further checks.

CHAPTER III

Aid for the ageing of Madeira liqueur wines and Azores
wine

Article 4

1.
Aid for the ageing of Madeira liqueur wines and Azores
‘verdelho’ wine, as provided for in Article 20(5) and Article 31
of Regulation (EC) No 1453/2001, shall be paid in respect of
all quantities of wine which are placed in storage for the
purpose of ageing on the same date and which are aged for an
uninterrupted period of
five years or more in the case of
Madeira and three years in the case of the Azores.

2.
Aid for the ageing of Madeira liqueur wines and Azores
wine shall be granted to producers in those regions who submit
an application to the competent body during the first two
months of each year.

3.
The aid shall be granted by priority for wines from the
most recent harvest. Applications in respect of wines produced
during previous marketing years shall be accepted where the
quantitative limits laid down in Regulation (EC) No 1453/2001

6.
Operators wishing to qualify for the aid scheme shall
conclude with the competent body an ageing contract for five
or more years in the case of Madeira, and for three or more
years in the case of the Azores.

7.
Contracts shall be concluded on the basis of an aid appli-
cation submitted once only at the start of the period referred to
above. Applications shall contain at least the following:

(a) the name and address of the applicant producer;

(b) the number of lots covered by the ageing contract and
the tank

precise particulars of each lot
number, the quantity stored, and the exact location);

(in particular

(c) for each lot, the year of harvesting, the technical character-
istics of the liqueur wine concerned and, in particular, its
total alcoholic strength, actual alcoholic strength, sugar
content, total acidity and volatile acidity;

(d) for each lot, the method of packaging;

(e) for each lot, the first and last day of the storage period.

8.
Correct performance of the ageing contract shall confer
entitlement to payment of the overall amount of the aid deter-
mined on the signing of the contract. In Madeira, one third of
the aid shall be paid in the first, third and fifth years of storage.
In the Azores, one third of the aid shall be paid in each storage
year.

Acceptance of the contract shall be subject to the lodging
9.
of a performance guarantee covering the performance period
for an amount corresponding to 40 % of the overall amount of
the aid. The guarantee shall be lodged in accordance with
Commission Regulation (EEC) No 2220/85 (2).

10.
The competent body shall ensure that the terms of the
ageing contract are observed by checking the producers’ records
and carrying out on-the-spot inspections.

Performance guarantees shall be released when it

11.
established that the contract has been properly performed.

is

(1) OJ L 176, 29.6.2001, p. 14.
(2) OJ L 205, 3.8.1985, p. 5.

21.8.2002

EN

Official Journal of the European Communities

L 224/51

12. Where the competent body finds that the liqueur wine
covered by a contract is unsuitable for offer or delivery for
direct human consumption, it shall terminate the contract.

Except in cases of force majeure, termination of the contract shall
entail the recovery of aid amounts paid and the forfeiture of the
performance guarantee. The circumstances of
force majeure
relied upon shall be notified to the competent body within
three working days following the date on which they occur.

CHAPTER IV

Aid for the shipping and marketing of Madeira wine

Article 5

The aid referred to in Article 20(6) of Regulation (EC) No
1.
1453/2001 shall be granted up to and including the end of the
2005/06 wine year.

2. Where the aid is applied for in respect of packs of less
than one litre, a reduction coefficient shall be applied to take
account of the volume of the bottle.

3.
The aid shall be paid to shippers who submit an applica-
tion to the competent body in respect of each lot for the period
laid down by that body. However, in the case of wine shipped
and marketed from 1 January 2002, applications shall be
submitted from 30 September 2002.

4.

The application shall contain at least the following:

— a copy of section 3 of the accompanying administrative
document (AAD), duly completed, with particulars of the
consignor and the recipient (name, address, country), the
volume of wine dispatched in litres equivalent, the customs
code nomenclature, the stamp of the Madeira Wine Institute
certifying the product and the stamp of
the Madeira
customs authorities certifying that the product has left the
territory,

— a copy of

the invoice from the carrier/shipping agent

showing the final destination or the ocean bill of lading,

— a copy of the invoice to the buyer showing the volume in
litres equivalent, which must correspond to that shown on
the AAD.

CHAPTER V

Aid for the production of quality wines psr in Madeira,
the Azores and the Canary Islands

Article 6

1.
The aid provided for in Article 9 of Regulation (EC) No
1453/2001 and in Article 13 of Regulation (EC) No 1454/
2001 shall be granted only to areas which:

— have been entirely cultivated and harvested and on which

all normal cultivation work has been carried out, and

For the purposes of determining the producers to whom

2.
the aid is to be granted:

— the transitional period referred to in Article 9(2) of Regula-
tion (EC) No 1453/2001 and Article 13(2) of Regulation
(EC) No 1454/2001 for payment to individual producers
shall expire on 31 July 2007,

— producer organisations shall be those referred to in Article
39 of Regulation (EC) No 1493/1999 (1). The Member
States concerned shall lay down the criteria which producer
groups must meet to qualify for the aid in question and
shall notify the Commission thereof.

Article 7

1.
Applications for per hectare aid shall be submitted by the
person concerned to the competent authority during the period
determined by the latter and not later than 15 May each year in
respect of the following wine year. However, for the 2002/
2003 wine year, applications
shall be submitted by 30
September 2002.

2.

Aid applications shall contain at least the following:

(a) the name, first name and address of the winegrower, or

winegrowing group or organisation;

(b) the areas cultivated for the production of quality wines psr,
in hectares and ares with the land register reference for
those areas or information deemed to be equivalent by the
body responsible for checking the areas;

(c) the grape variety used;

(d) an estimate of the production that may be harvested.

Article 8

After having established the actual harvest and the yield for the
areas concerned, the Member State shall pay the aid by 1 April
of the wine year for which the aid has been granted.

Article 9

The Member State shall notify the Commission by 30 April of
the areas for which an aid application has been submitted and
for which the aid has actually been paid.

CHAPTER VI

General provisions

Article 10

Controls and penalties

1.
The national authorities shall take all the steps necessary
to ensure that the conditions for granting the aid provided for
in this Regulation are observed.

— whose produce is covered by harvest declarations as

provided for in Regulation (EC) No 1282/2001.

(1) OJ L 179, 14.7.1999, p. 1.

L 224/52

EN

Official Journal of the European Communities

21.8.2002

Aid applications shall be checked in a manner which
2.
ensures effective verification of compliance with the requisite
conditions. The Member States shall define suitable methods
and means for verifying each support measure as well as the
recipients who shall be subject to checks. Wherever appro-
priate, Member States shall make use of the integrated adminis-
tration and control system introduced by Council Regulation
(EEC) No 3508/92 (1), as last amended by Commission Regula-
tion (EC) No 495/2001.

Verification shall consist of administrative and on-the-spot

3.
checks.

Administrative checks

4.
shall be exhaustive and shall
include cross-checks wherever appropriate, inter alia, with data
from the integrated administration and control system in order
to avoid all unjustified payments of aid.

5.
Based on a risk analysis, the national authorities shall
perform on-the-spot controls by sampling on a number of aid
applications under Articles 2, 5 and 6 representing at least
10 % of the quantities or 5 % of the areas subsidised.

6.
All ageing contracts as provided for in Article 4 shall be
checked on the spot at the beginning, during and at the end of
the contractual period.

7. Member States shall determine a system of penalties to be
imposed in the event of breaches of the obligations entered into
and the provisions applicable, and shall take all necessary steps
to put the system into operation. The penalties shall be effec-
tive, commensurate with their purpose and have an adequately
deterrent effect.

8.
Any beneficiary found to have made a false declaration as
a result of serious negligence shall be excluded from all
measures for the wine sector under Poseima and Poseican for
the calendar year in question. Where a false declaration was
made intentionally, the beneficiary shall be excluded for the
following year as well. This penalty shall apply without preju-
dice to additional penalties provided for under national rules.

9. Where aid has been paid unduly, the competent authori-
ties shall take steps to recover the amounts paid, plus interest,
calculated from the date of payment of the aid to the actual
date of recovery. The interest rate applied shall be that applied
for similar recovery operations under national law.

10.
Aid recovered and, where appropriate, interest shall be
paid to the paying agencies or authorities and deducted by
them from expenditure financed by the European Agricultural
Guidance and Guarantee Fund in proportion to the Community
financing.

CHAPTER VII

Transitional and final provisions

Article 11

1.
In respect of the 2001/2002 wine year, applications for
the aid referred to in Articles 2 and 4 shall be submitted to the
competent bodies no later than 30 September 2002.

2. Without prejudice to Article 10, the competent bodies
shall pay the aid referred to in Articles 2 and 6 to producers
and/or producer groups before 31 December 2002 and, in the
case of the aid referred to in Articles 4 and 5, before a date
determined by those bodies.

Article 12

Regulations (EEC) No 3233/92 (2) and (EEC) No 3234/92 (3) are
repealed.

Article 13

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 January 2002.

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

Done at Brussels, 20 August 2002.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 335, 5.12.1992, p. 1.

(2) OJ L 321, 6.11.1992, p. 11.
(3) OJ L 321, 6.11.1992, p. 16.