Commission Regulation (EC) No 1220/2003 of 7 July 2003 amending Regulation (EC) No 883/2001 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: 2003-07-07
Institutions: European Commission
Subjects: export licence, export refund, extra-EU trade, import licence, quality control of agricultural products, viticulture

9.7.2003

EN

Official Journal of the European Union

L 170/3

COMMISSION REGULATION (EC) No 1220/2003

of 7 July 2003

amending Regulation (EC) No 883/2001 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,

(5)

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 806/2003 (2),
and in particular Article 59(3) and Article 68(3) thereof,

Whereas:

(1)

(2)

(3)

(4)

Article 2 of Commission Regulation (EC) No 883/
2001 (3), as last amended by Regulation (EC) No 1175/
2003 (4), stipulates that box 14 of import licence appli-
cations and import licences is to show the colour of the
wine or must as ‘white’ or ‘red/rosé’. It should be stipu-
lated that box 14 is also to show the product name in
line with the existing product definitions. Member States
should also be able to stipulate that only one tariff code
is to be entered on the licence application.

Commission Regulation (EC) No 1291/2000 of 9 June
2000 laying down common detailed rules for the appli-
cation of the system of import and export licences and
advance fixing certificates for agricultural products (5), as
last amended by Regulation (EC) No 325/2003 (6), speci-
fies maximum quantities below which no import licence
need be presented. For grape juice and grape must these
quantities are expressed in kilograms. For these products
it is preferable to give a choice of expressing security
rates in euro either per 100 kilograms or euro per hecto-
litre.

The import licence security required under Regulation
(EC) No 1291/2001 is set at differing rates for certain
products
that have the same eight-digit Combined
Nomenclature code. To avoid uncertainty over the rate
applicable a single rate should be set for all wine types.

Commission Regulation (EC) No 1832/2002 of 1 August
2002 amending Annex I to Council Regulation (EEC) No
2658/87 on the tariff and statistical nomenclature and
on the Common Customs Tariff (7) amends the nomen-
clature for grape juice, including grape must. The cor-
responding codes should therefore be adjusted.

(1) OJ L 179, 14.7.1999, p. 1.
(2) OJ L 122, 16.5.2003, p. 1.
(3) OJ L 128, 10.5.2001, p. 1.
(4) OJ L 164, 2.7.2003, p. 8.
(5) OJ L 152, 24.6.2000, p. 1.
(6) OJ L 47, 21.2.2003, p. 21.
(7) OJ L 290, 28.10.2002, p. 1.

In the case of indirect imports with no processing, the V
I 1 document is drawn up on the basis of a V I 1 or
equivalent document made out by the competent
authority of the country of origin. If the product does
not correspond to the declaration by the exporting
country, it is difficult to establish who is responsible on
the basis of an administrative document that does not
directly refer to an authentic declaration. It should there-
fore be stipulated that the accompanying document from
the country of origin is to be attached to that from the
exporting country.

Point 13 of Annex I to Regulation (EC) No 1493/1999
sets a lower limit for the total acidity content of wine
produced in the Community of 3,5 grams per litre but
no upper limit. Regulation (EC) No 883/2001 should
therefore be adjusted accordingly,
in particular where
the analytical derogations for certain wines imported
from Switzerland are concerned.

Some errors have crept into the text of the Regulation
and should be removed.

Regulation (EC) No 883/2001 should be amended
accordingly.

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

(6)

(7)

(8)

(9)

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 883/2001 is hereby amended as follows:

1. Article 2(3) and (4) is replaced by:

‘3.
Box 14 of import licence applications and import
licences shall show the name of the product in line with the
definitions indicated in Article 34 of this Regulation and
Annex I to Council Regulation (EC) No 1493/1999, and the
colour of the wine or must as “white” or “red/rosé”.

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Official Journal of the European Union

9.7.2003

Applicants may include in a single import

licence
4.
application products falling within more than one tariff
code, by completing boxes 15 and 16 of the application as
follows:
(a) box 15: description of
Combined Nomenclature;

the product as given in the

(b) box 16: CN codes.

The product description and CN codes entered on the appli-
cation shall also be entered on the import licence.

Member States may decide that on each application box 16
may show only one tariff code.’

2. Article 4 is replaced by:

‘Article 4

Securities

The security for import licences shall be:

1.
(a) concentrated grape juice and must: EUR 2,5 per 100

kilograms or per hectolitre,

(b) other grape juice and must: EUR 1,25 per 100 kilo-

grams or per hectolitre,

(c) all wines: EUR 1,25 per hectolitre.

2.
The security for export licences shall be EUR 8 per
hectolitre for products falling within CN codes 2009 69 11,
2009 69 19, 2009 69 51, 2009 69 71, 2204 30 92 and
2204 30 96 and EUR 2,5 per hectolitre for other products.’

3. In Article 12(3) point (a) is replaced by:

‘(a) the quantity in hectolitres for each 12-digit product
code of
the agricultural product nomenclature for
export refunds. In the case of licences issued for more
than one 12-digit code in the same Annex II category
the category number is to be given.’

4. Article 14(1) is replaced by:

‘1.
For products falling within CN codes 2009 69 and
2204 30 listed in Annex I, part Three, section I, Annex 2 to
the Common Customs Tariff and subject to entry price
arrangements, the actual import price shall be verified by
checking every consignment.’

5. The following third and fourth paragraphs are added to

Article 30:

‘The original or a certified copy of the V I 1 document or
equivalent of the country of origin shall be attached to the
V I 1 document of the exporting country.

The only countries of origin for the purposes of this Article
shall be those appearing on the list, published under Article
29(1), of agencies and laboratories that are appointed by
that must
to complete the documents
third countries
accompany each consignment of imported wine.’

6. Article 33(1)(b) is replaced by:

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

— Chasselas,

— Müller-Thurgau,

— Sylvaner,

— Pinot noir,

— Merlot;’.

7. Annex I is replaced by Annex I hereto.

8. Annex II is replaced by Annex II hereto.

9. Annex III is replaced by Annex III hereto.

Article 2

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

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

Done at Brussels, 7 July 2003.

For the Commission

Franz FISCHLER

Member of the Commission

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Official Journal of the European Union

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ANNEX I

‘ANNEX I

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Official Journal of the European Union

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ANNEX II

‘ANNEX II

PRODUCT CATEGORIES REFERRED TO IN ARTICLE 8(1)

Code

Category

2009 69 11 9100
2009 69 19 9100
2009 69 51 9100
2009 69 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’

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ANNEX III

‘ANNEX III

PRODUCT GROUPS REFERRED TO IN ARTICLE 8(2)

Product code of the agricultural
product nomenclature for export
refunds

Group

2009 69 11 9100
2009 69 19 9100
2009 69 51 9100
2009 69 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’