Commission Regulation (EC) No 2336/2003 of 30 December 2003 introducing certain detailed rules for applying Council Regulation (EC) No 670/2003 laying down specific measures concerning the market in ethyl alcohol of agricultural origin
Date: 2003-12-30
Institutions: European Commission
Subjects: ethanol, exchange of information, import licence, trade policy

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COMMISSION REGULATION (EC) No 2336/2003
of 30 December 2003
introducing certain detailed rules for applying Council Regulation (EC) No 670/2003 laying down
specific measures concerning the market in ethyl alcohol of agricultural origin

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(6)

Having regard to the Treaty establishing the European Com-
munity,

Having regard to Council Regulation (EC) No 670/2003 of 8
April 2003 laying down specific measures concerning the
market in ethyl alcohol of agricultural origin (1), and in particu-
the first sub-
lar the second subparagraph of Article 3(1),
paragraph of Article 3(3), Article 4(4) and Article 11 thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

To allow the Commission to establish the Community
alcohol balance provided for in Article 3(2) of Regu-
lation (EC) No 670/2003 and to have an overview of the
development of trade, the Member States should regu-
larly send to the Commission, in a standard format, data
imported,
on the quantities of
exported and disposed of, and on the stocks held at the
end of the marketing year and estimated production.

alcohol produced,

Ethyl alcohol of non-agricultural origin may, for certain
uses, be used as a substitute for alcohol of agricultural
origin. As a result the Community balance should also
incorporate this type of product.

The Member States and the Commission should be able
to monitor trade developments on a permanent basis to
allow a better appraisal of market development. To that
end, provision should be made for
issuing import
licences. Reports on the import licences issued should be
submitted each week.

The period of validity of licences should be laid down
taking account of the uses and delivery deadlines prac-
tised in international trade.

licences are to be issued subject

In accordance with Article 4(3) of Regulation (EC) No
to the
670/2003,
lodging of a security which is forfeited in whole or in
part if import is not carried out, or is only carried out
partially. The amount of that security should therefore
be laid down.

(1) OJ L 97, 15.4.2003, p. 6.

Save as otherwise provided in this Regulation, Commis-
sion Regulation (EC) No 1291/2000 of 9 June 2000
laying down common detailed rules for the application
of the system of import and export licences and advance
and
fixing
Commission Regulation (EEC) No 2220/85 of 22 July
1985 laying down common detailed rules for the appli-
for agricultural
cation of
products (3) should apply to the import
licences and
securities provided for in this Regulation.

agricultural products (2)

the system of

certificates

securities

for

(7)

(8)

Commission Regulation (EEC) No 2541/84 of 4
September 1984 fixing a countervailing charge on
imports into the other Member States of ethyl alcohol of
agricultural origin produced in France (4) has become
obsolete and should therefore be repealed.

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

HAS ADOPTED THIS REGULATION:

CHAPTER I

SCOPE

Article 1

Scope

This Regulation lays down detailed rules for implementing the
Community ethyl alcohol balance and the system of import
licences provided for in Regulation (EC) No 670/2003.

CHAPTER II

COMMUNITY BALANCE

Article 2

Establishment of a Community balance

The Commission shall establish the Community ethyl alcohol
balance covering the preceding calendar year by 31 March each
year at the latest. The balance, containing information about
the alcohol market at Community level, shall be presented to
the Management Committee for Wine in accordance with the
format set out in Annex I hereto and shall be published in the
Official Journal of the European Union.

(2) OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regu-

lation (EC) No 325/2003 (OJ L 47, 21.2.2003, p. 21).

(3) OJ L 205, 3.8.1985, p. 5. Regulation as last amended by Regulation

(EC) No 1932/1999 (OJ L 240, 10.9.1999, p. 11).

(4) OJ L 238, 6.9.1984, p. 16. Regulation as last amended by Regu-

lation (EEC) No 3826/85 (OJ L 371, 31.12.1985, p. 1).

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Article 3

Information about ethyl alcohol of agricultural origin

The Member States shall forward to the Commission, at the
latest by the last working day of the second month following
the end of the relevant period, the following information about
the alcohol of agricultural origin referred to in Article 1(1) of
Regulation (EC) No 670/2003:

(a) quarterly imports from third countries broken down by
Combined Nomenclature code and by origin,
identified
using the codes in the nomenclature of countries and terri-
tories for the external trade statistics of the Community laid
down by Commission Regulation (EC) No 1779/2002 (1);

(b) quarterly exports to third countries, including any exports

of alcohol of non-agricultural origin;

(c) quarterly production, broken down by the product from
in accordance with the
is produced,

which the alcohol
format set out in Annex II to this Regulation;

(d) the volume disposed of during the previous quarter, broken
down by sectors of use, in accordance with the format set
out in Annex III to this Regulation;

(e) stocks held by alcohol producers in their country at the
end of each year, in accordance with the format set out in
Annex IV to this Regulation;

(f) estimated production for the year under way, twice a year,
before 28 February and 31 August respectively, in accord-
ance with the format set out in Annex V to this Regulation.

For the purposes of point (d) of the first subparagraph, disposal
shall mean the transfer of the ethyl alcohol from an alcohol
producer or an importer with a view to its processing or packa-
ging.

The figures notified shall be expressed in hectolitres of pure
alcohol.

The Member States may provide for declaration schemes to
ensure the collection of the information referred to in points
(c), (d), (e) and (f) of the first subparagraph.

Article 4

Information about alcohol of non-agricultural origin

The Member States shall forward to the Commission at the
latest by the last working day of the second month following
the end of the relevant period, the following information about
the alcohol of non-agricultural origin referred to in the second
subparagraph of Article 3(3) of Regulation (EC) No 670/2003:

(a) quarterly production, broken down by synthetic alcohol

and other types of alcohol where applicable;

(b) quarterly imports from third countries in accordance with

the format set out in Annex VII to this Regulation;

(c) quarterly exports

they are
included in the exports notified under point (b) in Article 3
of this Regulation;

to third countries, unless

(1) OJ L 296, 5.10.2002, p. 6.

(d) the volume disposed of during the previous quarter, broken
down by synthetic alcohol and other types of alcohol where
applicable;

(e) stocks held by alcohol producers at the end of the year,
broken down by synthetic alcohol and other types of
alcohol where applicable.

For the purposes of point (d) of the first subparagraph, ‘volume
disposed of’ shall mean the quantities of alcohol sold on the
Community market by the production industry.

The notifications referred to in points (a), (d) and (e) of the first
subparagraph shall be made in accordance with the format set
out in Annex VI. The figures notified shall be expressed in
hectolitres of pure alcohol.

CHAPTER III

IMPORT LICENCES

Article 5

Issue of licences

1.
Imports into the Community of the products referred to
in Article 1(1) of Regulation (EC) No 670/2003 shall be subject,
to the presentation of an import
from 27 January 2004,
licence. Import licences shall be issued by the Member States to
all applicants, irrespective of their place of establishment in the
Community.

Regulation (EC) No 1291/2000 shall apply to the licences

2.
referred to in this Chapter.

3.
Applications for import and export licences for alcohol of
agricultural origin shall be marked in box 8 with the name of
the country of origin. The box ‘compulsory: yes’ must be
ticked. At
the administration
which issued the licence may replace the country of origin,
once only, by another country.

the request of

the applicant,

The Member States may decided that the import price

4.
(CIF) of the alcohol must be indicated in box 20.

Article 6

Period of validity

Import licences shall be valid from the date of their issue within
the meaning of Article 23(1) of Regulation (EC) No 1291/2000
until the end of the fourth month following.

Article 7

Notifications relating to import licences

The Member States shall report to the Commission each
1.
Thursday, or the first working day following if the Thursday is
a public holiday, the quantities of the products referred to in
Article 1 of Regulation (EC) No 670/2003 for which import
licences have been issued during the previous week broken
down by Combined Nomenclature code and by country of
origin.

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If a Member State considers that the quantities for which
2.
import licences have been requested in that Member State risk
disturbing the market, that Member State shall
immediately
inform the Commission giving the quantities by types of
product concerned. The Commission shall examine the situa-
tion and shall inform the Member States thereof.

Article 8

Securities

Securities against import licences shall be set at EUR 1 per
hectolitre.

Regulation (EEC) No 2220/85 shall apply to the licences
referred to in this Chapter.

CHAPTER IV

FINAL PROVISIONS

Article 9

Dispatch of communications

The Member States shall send the information referred to in
Articles 3 and 4, relating to the first quarter of 2004, by 31
August 2004 at the latest.

The notifications provided for in this Regulation shall be sent
to the Commission to the address indicated in Annex VIII.

Article 10

Repeal

Regulation (EEC) No 2541/84 is hereby repealed.

Article 11

Entry into force

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

It shall apply from 1 January 2004.

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

Done at Brussels, 30 December 2003.

For the Commission
Franz FISCHLER
Member of the Commission

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ANNEX I

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Production of ethyl alcohol of agricultural origin, as referred to in point (c) of Article 3

ANNEX II

Volume of ethyl alcohol of agricultural origin disposed of, as referred to in point (d) of Article 3

ANNEX III

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Stocks of ethyl alcohol of agricultural origin, as referred to in point (e) of Article 3

ANNEX IV

Estimated production of ethyl alcohol of agricultural origin for the current year, as referred to in point (f) of
Article 3

ANNEX V

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Production, disposal and stocks of ethyl alcohol of non-agricultural origin, as referred to in points (a), (d) and
(e) of Article 4

ANNEX VI

Imports of ethyl alcohol of non-agricultural origin, as referred to in point (b) of Article 4

ANNEX VII

ANNEX VIII

Address to which reports should be sent, as referred to in Article 9

European Commission — DG Agriculture D.4
Fax: (32-2) 295 92 52
E-mail: agri-d4@cec.eu.int