Commission Regulation (EC) No 383/2005 of 7 March 2005 determining the operative events for the exchange rates applicable to the products of the wine sector
Date: 2005-03-07
Institutions: European Commission
Subjects: agri-monetary policy, distillation, exchange rate, grubbing premium, viticulture

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Official Journal of the European Union

8.3.2005

COMMISSION REGULATION (EC) No 383/2005

of 7 March 2005

determining the operative events for the exchange rates applicable to the products of the wine
sector

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 2799/98 of 15
December 1998 establishing agrimonetary arrangements for the
euro (1), and in particular Article 3(2) thereof,

Whereas:

(1)

(2)

(3)

Commission Regulation (EC) No 2808/98 of 22
December 1998 laying down detailed rules for the appli-
cation of the agrimonetary system for the euro in agri-
culture (2) determines
the
applicable exchange rates on the basis of the criteria
set out in Article 3 of Regulation (EC) No 2799/98,
without
or
any
exemptions provided for in the rules for the sectors
concerned on the basis of those criteria.

the operative

definitions

prejudice

specific

events

for

to

The operative events for the exchange rates applicable to
the
certain measures of
market
in wine are specific and should therefore be
determined in a specific regulation.

the common organisation of

Article 8 of Council Regulation (EC) No 1493/1999 of
17 May 1999 on the common organisation of
the
market in wine (3) provides for a premium that may be
granted in return for the permanent abandonment of
vine-growing on a particular area. Article 8(5) of
Commission Regulation (EC) No 1227/2000 of 31 May
2000 laying down detailed rules for the application of
Council Regulation (EC) No 1493/1999 on the common
organisation of the market in wine, as regards production
potential (4),
the

lays down the maximum level of

(1) OJ L 349, 24.12.1998, p. 1.
(2) OJ L 349, 24.12.1998, p. 36. Regulation as last amended by Regu-

lation (EC) No 1250/2004 (OJ L 237, 8.7.2004, p. 13).

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

(EC) No 1795/2003 (OJ

last amended by
L 262,

Commission Regulation
14.10.2003, p. 13).

(4)

(5)

(6)

(7)

premium per hectare. For reasons of administrative prac-
ticability, the operative event for the exchange rate for
the amount of that premium should fall at the beginning
of the wine year.

the

system for

Article 11 of Regulation (EC) No 1493/1999 establishes
a
restructuring and conversion of
vineyards. For reasons of administrative practicability,
the exchange rate applicable for the financial allocation
provided for in Article 14 of that Regulation should be
the one most recently fixed by the European Central
Bank prior to 1 July preceding the financial year for
which the financial allocations are fixed.

Articles 27 and 28 of Regulation (EC) No 1493/1999
provide for buying-in prices to be paid to the producers
and for the aid that the distiller may receive for the
distillation of by-products of wine-making and distillation
of wine from dual-purpose grapes, respectively. Taking
into consideration the economic objectives of and the
the
procedure
operative
those
amounts should fall on the first day of the wine year
concerned.

implementing
the
for

operations,
rate

the
exchange

for
event

for

Article 29 of Regulation (EC) No 1493/1999 provides
for a minimum price to be paid to the producers and for
aid that the distiller may receive for distillation designed
to support the potable alcohol sector. Article 30 of that
Regulation provides for a crisis distillation measure in an
exceptional case of market disturbance caused by serious
surpluses or problems of quality. For reasons of admi-
for
nistrative practicability,
the
exchange rate applicable in those cases
should be
monthly.

the operative event

the market

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
in wine with regard to market
of
mechanisms (5) provides
for an aid to be paid to
makers of fortified wine. As the amount of that aid is
is
linked to the distillation measures in question,
appropriate to use the same principle when determining
the operative event.

it

(4) OJ L 143, 16.6.2000, p. 1. Regulation as last amended by Regu-

(5) OJ L 194, 31.7.2000, p. 45. Regulation as last amended by Regu-

lation (EC) No 1389/2004 (OJ L 255, 31.7.2004, p. 7).

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

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Official Journal of the European Union

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(8)

Articles 34 and 35 of Regulation (EC) No 1493/1999
establish aids for specific uses. To establish the operative
event as close as possible to the economic objective, and
for reasons of administrative practicability, the operative
event should be on the first day of the month in which
the first enrichment operation is carried out for the aid
provided for in Article 34 of that Regulation, and the
first day of each month in which processing operations
are carried out for the aid provided for in Article 35 of
that Regulation.

(9)

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

Production potential

1.
The operative event for the exchange rate applicable to the
permanent abandonment premium provided for in Article 8 of
Regulation (EC) No 1493/1999 shall be the first day of the
wine year in which the application for the premium has been
submitted.

2.
The exchange rate applicable to the financial allocation for
the restructuring and conversion of vineyards, provided for in
Article 14 of Regulation (EC) No 1493/1999, shall be the rate
most recently fixed by the European Central Bank prior to 1
July preceding the financial year for which the financial allo-
cations are fixed.

Article 2

Market mechanisms

for

For the distillation of by-products of wine-making, the
1.
the exchange rate applicable to the
operative event
buying-in price and to the aid to be paid to distillers,
provided for respectively in paragraphs 9 and 11 of Article
27 of Regulation (EC) No 1493/1999, shall fall on the first
day of the wine year in respect of which the buying-in price
is paid.

For the distillation of wine from dual-purpose grapes, the
2.
operative event for the exchange rate applicable to the buying-in
price and to the aid to be paid to distillers, provided for respec-
tively in paragraphs 3 and 5 of Article 28 of Regulation (EC) No
1493/1999, shall fall on the first day of the wine year in respect
of which the buying-in price is paid.

3.
For the distillation of table wines and wines suitable for
yielding table wines to supply the potable alcohol market, the
operative event for the exchange rate applicable to the primary
aid and to the minimum price, provided for respectively in
paragraphs 2 and 4 of Article 29 of Regulation (EC) No
1493/1999, shall fall on the first day of the month in which
the initial delivery of wine under a contract is carried out.

4.
For the crisis distillation provided for in Article 30 of
Regulation (EC) No 1493/1999, the operative event for the
exchange rate applicable to the minimum price shall fall on
the first day of the month in which the initial delivery of
wine under a contract is carried out.

For the aid to be paid to makers of

5.
fortified wine,
pursuant to the third subparagraph of Article 69(3) of Regu-
lation (EC) No 1623/2000, the operative event for the exchange
rate shall be the same as for the particular distillation measures
concerned.

6.
The operative event for the exchange rate applicable to the
aid to be paid for the use of concentrated grape musts or
rectified concentrated grape musts for enrichment, pursuant to
Article 34(1) of Regulation (EC) No 1493/1999, shall fall on the
first day of the month in which the first enrichment operation
is carried out.

The operative event for the exchange rate applicable to the
7.
aid to be paid for the use of grape musts and concentrated
grape musts, pursuant to Article 35(1) of Regulation (EC) No
1493/1999, shall fall on the first day of each month in which
the processing operations are carried out.

Article 3

Entry into force

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

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Official Journal of the European Union

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

Done at Brussels, 7 March 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission