Commission Regulation (EC) No 1774/2004 of 14 October 2004 amending Regulation (EC) No 1623/2000 laying down detailed rules for implementing Regulation (EC) No 1493/1999 on the common organisation of the market in wine with regard to market mechanisms
Date: 2004-10-14
Institutions: European Commission
Subjects: common organisation of markets, stock, viticulture, wine

15.10.2004

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Official Journal of the European Union

L 316/61

COMMISSION REGULATION (EC) No 1774/2004

of 14 October 2004

amending Regulation (EC) No 1623/2000 laying down detailed rules for implementing 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
Community,

establishing the European

Having regard to Council Regulation (EC) No 1493/1999 of
17 May 1999 on the common organisation of the market in
wine (1), and in particular Articles 26 and 33 thereof,

Whereas:

(1)

(2)

(3)

(4)

Under the arrangements for the private storage of wine
and musts provided for
in Regulation (EC) No
1493/1999, producers should be allowed to conclude
sales contracts during the period of validity of storage
contracts in order to encourage them to become more
market oriented.

42

Article
(EC) No
of Commission Regulation
1623/2000 (2), provides for the approval of distillers of
wine and the drawing up of lists of approved distillers.
Given the importance of
the distillation of potable
alcohol, distillers should be guaranteed access to those
In addition, given advances in communications
lists.
technologies,
this infor-
mation should be provided for.

the electronic publication of

As regards the arrangements for the distillation or the
withdrawal under supervision of by-products of wine-
making, the rules on the organic production of grapes
should
the notification to the
Commission of certain derogations granted by the
Member States should be provided for.

clarified

and

be

Article 63a
of Regulation (EC) No 1623/2000,
concerning the distillation of wine into potable alcohol,
lays down a percentage of producers’ production that
may be distilled. The percentage for the 2004/05 wine
year should be set. In addition, experience in previous
wine years indicates that some of the dates for this distil-
lation should be amended. In order better to monitor the
movement of the alcohol obtained in these distillation
operations, prior authorisation should be provided for.

(1) OJ L 179, 14.7.1999, p. 1. Regulation last amended by Commission
Regulation (EC) No 1795/2003 (OJ L 262, 14.10.2003, p. 13).
(2) OJ L 194, 31.7.2000, p. 45. Regulation last amended by Regulation

(EC) No 908/2004 (OJ L 163, 30.4.2004, p. 56).

(5)

(6)

(7)

(8)

In order to guarantee the smooth implementation of
intervention measures where several Member States are
involved,
the
competent authorities designated by the Member States.

the Commission should be notified of

Regulation (EC) No 1623/2000 should consequently be
amended.

In order to permit the application of the amendments to
Regulation (EC) No 1493/1999 for the whole wine year,
this Regulation should apply from 1 August 2004.

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

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

1. In Article 34, paragraph 3 is replaced by the following:

‘3. Without prejudice to Article 33 of this Regulation
and paragraphs 4, 5 and 6 of this Article, producers may
not market or ship to a third party the product under
contract during the period of validity of a storage contract.

Notwithstanding the first subparagraph, producers may,
is still valid, conclude a sales
while a storage contract
in storage to take effect on
the product
contract
expiry of the storage contract. They may also undertake
to send the wine for distillation under Title III of this
Regulation on expiry of the storage contract.’

for

2. Article 42 is replaced by the following:

‘Article 42

Approval of distillers

1. Member States shall approve distillers established in
their territory who so request.

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15.10.2004

States may withdraw approval,

either
2. Member
temporarily or permanently, from distillers failing to meet
their obligations under this Regulation.

(d) in the first subparagraph of paragraph 6, the words
‘between 25 January and 15 February’ are replaced by
‘between 30 January and 20 February’;

3. Member States shall draw up a list of the approved
distillers, which they shall forward to the Commission elec-
tronically. They
forward all
subsequent amendments to that list.

also immediately

shall

The Commission shall publish that
website.’

information on its

(e) paragraph 7 is replaced by the following:

‘7.
Notwithstanding paragraph 6, Member States
may approve
contracts before 30 January for a
quantity not exceeding 40 % of the quantity given in
the contracts or declarations.’

3. Article 49(4 ) is replaced by the following:

6. In Article 64(2), the following subparagraph is added:

27(8)

of Regulation

Under Article

‘4.
(EC) No
1493/1999, Member States may provide, in respect of all
or part of their territory, that the following producers may
discharge
the by-products
referred to in paragraphs 3 and 6 of that Article by with-
drawing those products under supervision:

their obligation to deliver

(a) producers who produce no more than 80 hl by them-

selves on their own premises;

(b) producers who grow their grapes using organic

production methods.’

4. In Article 50,
paragraph 1(b):

the following subparagraph is added to

‘The Member State shall
lay down the detailed rules of
application for this point and inform the Commission
thereof.’

5. Article 63a is amended as follows:

(a)

the words ‘for the period from 1
in paragraph 1,
October to 31 December’ are replaced by ‘for the
period from 1 October to 23 December’;

(b) in the first subparagraph of paragraph 2, the words ‘For
the wine year 2003/04’ are replaced by ‘For
the
2004/05 wine year’;

(c) paragraph 4 is replaced by the following:

‘4. Member States shall notify the Commission by
15 January of the current year of the total volume
covered by contracts or declarations submitted under
Article 65(1) for the distillation referred to in paragraph
1 during the period referred to therein.’

‘After the submission of the storage application and until
the end of the storage period, the containers used and the
place of storage may be changed only after obtaining
approval from the competent authority.’

7. Article 65 is amended as follows:

(a) paragraph 4 is replaced by the following:

For the purposes of paragraph 3, the contract

‘4.
shall be replaced:

(a)

in the case referred to in the first subparagraph of
paragraph 3, by the declaration,

(b) in the case referred to in the second subparagraph
of paragraph 3, by the declaration accompanied by
a contract
for delivery for distillation on the
producer's behalf concluded between the producer
and the distiller.’

(b) in paragraph 7, the following subparagraph is added:

‘Where there are justified doubts about the eligibility of
the wine for the distillation concerned, the competent
authority of the Member State may extend the payment
deadline referred to in the first subparagraph by a
maximum of three months.’

8. Article 66(2) is replaced by the following:

The security shall be released by the intervention
is

‘2.
agency once the proof referred to in Article 65(8)
presented within the time allowed.’

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9. In Article 74(5), the words ‘within the deadline laid down
in Article 65(7)’ are replaced by ‘within the deadline laid
down in Article 65(7) plus one month.’

10. The following Article 102b is added:

‘Article 102b

Information regarding the competent authorities

Member States shall draw up a list of the competent autho-
rities and bodies designated for the purposes of this Regu-
lation, which they shall forward to the Commission elec-

tronically. They
subsequent amendments to that list.

shall

also immediately

The Commission shall publish that
website.’

information on its

Article 2

This Regulation shall enter into force on the third day following
the European
that of
Union.

its publication in the Official

Journal of

It shall apply from 1 August 2004.

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forward all

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

Done at Brussels, 14 October 2004.

For the Commission

Franz FISCHLER
Member of the Commission