Commission Regulation (EC) No 1990/2004 of 19 November 2004 laying down transitional measures in the wine sector by reason of the accession of Hungary to the European Union
Date: 2004-11-19
Institutions: European Commission
Subjects: Hungary, accession to the European Union, derogation from EU law, distillation, production, transitional period (EU), vinification, viticulture

L 344/8

EN

Official Journal of the European Union

20.11.2004

COMMISSION REGULATION (EC) No 1990/2004

of 19 November 2004

laying down transitional measures in the wine sector by reason of the accession of Hungary to the
European Union

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to the Treaty of Accession of the Czech Republic,
Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland,
Slovenia and Slovakia,

Having regard to the Act of Accession of the Czech Republic,
Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland,
Slovenia and Slovakia, and in particular the first subparagraph
of Article 41 thereof,

Whereas:

(1)

(2)

(3)

Article 27(3) of Council Regulation (EC) No 1493/1999
of 17 May 1999 on the common organisation of the
market in wine (1) lays down that any natural or legal
person or group of persons having made wine is required
to deliver for distillation all the by-products of that wine-
making.

Commission Regulation (EC) No 1623/2000 of 25 July
2000 laying down detailed rules for implementing Regu-
lation (EC) No 1493/1999 on the common organisation
of
in wine with regard to market
mechanisms (2) establishes the rules applicable to such
distillation and Article 49 thereof provides for certain
exceptions to that obligation.

the market

Hungary has adopted the necessary measures for carrying
out this distillation, but the capacity of distilleries for
inadequate.
processing

the by-products

yet

as

is

Moreover, for the 2004/2005 marketing year, a sizeable
crop is
should therefore be
authorised to exempt certain categories of producers
from the obligation to distil by-products of wine-making.

anticipated. Hungary

(4)

(5)

In order that the exception granted to Hungary may be
applied to the entire 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

By way of exemption from Article 49(4)(a) of Regulation (EC)
No 1623/2000, Hungary may lay down that,
the
2004/2005 marketing year, producers who do not exceed a
production level of 500 hl obtained personally on their indi-
vidual premises may fulfil the obligation to deliver by-products
for distillation by having those products withdrawn under
supervision.

for

Article 2

This Regulation shall enter into force on the day of its publi-
cation in the Official Journal of the European Union.

It shall apply from 1 August 2004.

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

Done at Brussels, 19 November 2004.

For the Commission

Franz FISCHLER
Member of the Commission

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

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 as last amended by Regu-

lation (EC) No 1774/2004 (OJ L 316, 15.10.2004, p. 61).