Commission Regulation (EC) No 883/2001 of 24 April 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
Modified by
  • Commission Regulation (EC) No 885/2001of 24 April 2001amending Regulations (EEC) No 3201/90, (EC) No 1622/2000 and (EC) No 883/2001 laying down detailed rules for the application of the common organisation of the market in wine, with regard to wines originating in Canada and having the right to the designation Icewine, 32001R0885, May 10, 2001
  • Commission Regulation (EC) No 812/2002of 16 May 2002amending 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, 32002R0812, May 17, 2002
  • Commission Regulation (EC) No 1574/2002of 2 September 2002amending Regulations (EC) No 883/2001 and (EC) No 2805/95 laying down, respectively, detailed rules for implementing Council Regulation (EC) No 1493/1999 as regards trade with third countries in products in the wine sector and the export refunds in the wine sector, 32002R1574, September 3, 2002
  • Commission Regulation (EC) No 2380/2002of 30 December 2002amending 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, 32002R2380, December 31, 2002
  • Commission Regulation (EC) No 715/2003of 24 April 2003amending Regulations (EC) No 883/2001 and (EC) No 2805/95 respectively laying down detailed rules for implementing Council Regulation (EC) No 1493/1999 as regards trade with third countries in products in the wine sector and fixing the export refunds in the wine sector, 32003R0715, April 25, 2003
  • Commission Regulation (EC) No 1175/2003of 1 July 2003amending Regulations (EC) No 883/2001 and (EC) No 2805/95, respectively, laying down detailed rules for implementing Council Regulation (EC) No 1493/1999 as regards trade with third countries in products in the wine sector and fixing the export refunds in the wine sector, 32003R1175, July 2, 2003
  • Commission Regulation (EC) No 1220/2003of 7 July 2003amending 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, 32003R1220, July 9, 2003
  • Commission Regulation (EC) No 2338/2003of 30 December 2003amending 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, 32003R2338, December 31, 2003
  • Commission Regulation (EC) No 908/2004of 29 April 2004adapting several regulations concerning the common organisation of the market in wine by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union Corrigendum to Commission Regulation (EC) No 908/2004 of 29 April 2004 adapting several regulations concerning the common organisation of the market in wine by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union(Official Journal of the European Union L 163 of 30 April 2004), 32004R090832004R0908R(01), April 30, 2004
  • Commission Regulation (EC) No 1747/2005of 24 October 2005amending 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, 32005R1747, October 25, 2005
  • Commission Regulation (EC) No 2079/2005of 19 December 2005amending Regulation (EC) No 883/2001, Council Regulation (EC) No 1037/2001 and Regulation (EC) No 2303/2003 regarding the prolongation of certain derogations relating to wine certification, labelling and oenological processes, 32005R2079, December 20, 2005
  • Commission Regulation (EC) No 2016/2006of 19 December 2006adapting several regulations concerning the common organisation of the market in wine by reason of the accession of Bulgaria and Romania to the European Union, 32006R2016, December 29, 2006
  • Commission Regulation (EC) No 560/2007of 23 May 2007amending 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, 32007R0560, May 24, 2007
  • Commission Regulation (EC) No 1211/2007of 17 October 2007amending 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, 32007R1211, October 18, 2007
  • Commission Regulation (EC) No 555/2008of 27 June 2008laying down detailed rules for implementing Council Regulation (EC) No 479/2008 on the common organisation of the market in wine as regards support programmes, trade with third countries, production potential and on controls in the wine sector, 32008R0555, June 30, 2008
Corrected by
  • Corrigendum to Commission Regulation (EC) No 908/2004 of 29 April 2004 adapting several regulations concerning the common organisation of the market in wine by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union, 32004R0908R(01), March 3, 2005
Commission Regulation (EC) No 883/2001of 24 April 2001laying 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, 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 wineOJ L 179, 14.7.1999, p. 1., as amended by Regulation (EC) No 2826/2000OJ L 328, 23.12.2000, p. 2., and in particular Articles 1(3), 46, 59(3), 60(4), 61(4), 63(8), 64(5) and 68(3) thereof, Whereas: (1)Title VII of Regulation (EC) No 1493/1999 lays down general rules on trade with third countries and refers for the rest to detailed implementing rules to be adopted by the Commission. (2)Until now, those rules have been contained in a large number of Community regulations. In the interests of both economic operators in the Community and the authorities responsible for applying Community rules, all those provisions should be brought together in a single text, and the Commission Regulations regarding subjects now covered by this Regulation should be repealed, namely: Regulation (EEC) No 3388/81 of 27 November 1981 laying down special detailed rules in respect of import and export licences in the wine sectorOJ L 341, 28.11.1981, p. 19., as last amended by Regulation (EC) No 2739/1999OJ L 328, 22.12.1999, p. 60.; Regulation (EEC) No 3389/81 of 27 November 1981 laying down detailed rules for export refunds in the wine sectorOJ L 341, 28.11.1981, p. 24., as last amended by Regulation (EC) No 2730/95OJ L 284, 28.11.1995, p. 6.; Regulation (EEC) No 3590/85 of 18 December 1985 on the certificate and analysis report required for the importation of wine, grape juice and grape mustOJ L 343, 20.12.1985, p. 20., as last amended by Regulation (EC) No 960/98OJ L 135, 8.5.1998, p. 4.; Regulation (EC) No 1685/95 of 11 July 1995 on arrangements for issuing export licences for wine sector products and amending Regulation (EEC) No 3388/81 laying down special detailed rules in respect of import and export licences in the wine sectorOJ L 161, 12.7.1995, p. 2., as last amended by Regulation (EC) No 2512/2000OJ L 289, 16.11.2000, p. 21.; and Regulation (EC) No 1281/1999 of 18 June 1999 laying down detailed rules implementing the entry price arrangements for grape juice and mustsOJ L 153, 19.6.1999, p. 38.. (3)This Regulation should include the current rules and should adapt them to the new requirements of Regulation (EC) No 1493/1999. Those rules should also be simplified and made more coherent and certain gaps should be filled in. (4)Commission Regulation (EC) No 1291/2000 lays down common detailed rules for applying the system of import and export licences and advance fixing certificates for agricultural productsOJ L 152, 24.6.2000, p. 1.. Those rules should be supplemented by rules specific to the wine sector, particularly as regards presenting applications and the information which should appear in licence applications and licences. (5)Under Article 59(1) of Regulation (EC) No 1493/1999, all imports into the Community are subject to presentation of an import licence. The grant of all export refunds should be subject to presentation of an export licence. (6)To take account of changes in alcoholic strength as a result of long journeys, particularly during loading and unloading of the products concerned, an additional tolerance should be allowed, over and above the margin of error provided for in the analysis method used under Commission Regulation (EEC) No 2676/90 of 17 September 1990 determining Community methods for the analysis of winesOJ L 272, 3.10.1990, p. 1., as last amended by Regulation (EC) No 1622/2000OJ L 194, 31.7.2000, p. 1.. (7)If the system of import and export licences is to operate correctly, a certain minimum amount of information should be given in the licences. It is therefore essential that the competent authority issuing the licences be informed by the party concerned of the country of origin or destination of the product. Importers and exporters should be allowed to request a change in the country of origin or destination under certain circumstances. (8)Experience has shown that a single licence should be allowed to cover the Common Customs Tariff subheadings relating to concentrated grape juice and grape must, unconcentrated grape juice and grape must and wine of fresh grapes. (9)The period of validity of licences should reflect the practices and delivery periods customary in international trade. In the case of export licences, that period should be shorter in order to prevent speculation in export licence applications. (10)The third subparagraph of Article 59(2) of Regulation (EC) No 1493/1999 provides that the issue of licences is conditional on the provision of a security, which is forfeited in whole or in part if the transaction is not carried out or is only partially carried out. The amount of the security should be fixed. (11)To enable the Commission to have an overall view of trade trends, Member States should regularly communicate to it information concerning the quantities and products for which they have issued import licences. It is desirable that such communications should be sent weekly and should follow a uniform format. However, in order to ensure proper management of the market in wine, Member States should inform the Commission immediately if the quantities for which import licence applications have been submitted seem likely to cause a market disturbance. (12)Article 63(7) of Regulation (EC) No 1493/1999 provides for export licences as the basis for ensuring compliance with the export volume obligations arising from the agreements concluded in the Uruguay Round of multilateral trade negotiations. Precise rules should therefore be laid down on the lodging of applications and issue of licences. (13)Past experience of applying the rules on the issue of export licences in the wine sector has shown that the quantities available for export need to be better distributed throughout the wine year to ensure that they are not exhausted prematurely. The total quantity available each wine year should be divided into two-month periods, each subject to management measures providing in particular for quantities not used in one period to be carried forward to the next. (14)A period of reflection is needed at the beginning of each wine year so that the market situation can be assessed with a view to fixing refund rates at appropriate levels. Accordingly, no export licence applications should be submitted until 16 September of each year. (15)Article 4 of Commission Regulation (EC) No 800/1999 of 15 April 1999 laying down common detailed rules for the application of the system of export refunds on agricultural productsOJ L 102, 17.4.1999, p. 11., as last amended by Regulation (EC) No 90/2001OJ L 14, 18.1.2001, p. 22., introduces the possibility of extending the validity of export licences to products other than those indicated in the licence, provided that those products belong to the same category or product group to be determined. Product groups as provided for in Article 4 of Regulation (EC) No 800/1999 should also be introduced in the wine sector, for reasons of proportionality, to prevent excessive penalties. (16)The Commission should be able to adapt the special measures it may take to ensure that the volume available for each period is complied with according to the product category and zone of destination. In addition, to prevent certain exporters from lodging speculative applications for quantities greatly exceeding their requirements and to prevent such practices from damaging exporters who apply for their real requirements, the volume which any exporter may apply for should be restricted to the quantity available for each period. (17)Decisions on export licence applications should be notified only after a reflection period. That period should allow the Commission to assess the quantities applied for and the expenditure involved and to adopt any special measures which might have to be applied to the applications concerned. (18)In order to ensure that the arrangements function properly and to prevent speculation, licences should not be transferable. (19)To manage these arrangements the Commission should have precise information on the licence applications lodged and the use of licences issued. In the interests of administrative efficiency, a standard form should be used for communications between Member States and the Commission. (20)Article 60(2) of Regulation (EC) No 1493/1999 lays down that, for juices and musts for which the application of customs duties depends on the import price of the product, the actual amount of this price is verified either by checking every consignment or by using a flat-rate import value. The current features of the arrangements for importing grape juices and musts into the Community, in particular the irregularity of such imports, in terms of both volume and frequency and the places of import and the origin of these products, do not permit the calculation of representative flat-rate import values to verify the actual amount of the import price. Under these circumstances, this price should be verified by checking every consignment. (21)The import price on the basis of which imported products are classed in the Common Customs Tariff must be equal to the fob price of those products plus the cost of insurance and transport to the place of entry into Community customs territory. (22)Refunds should be fixed periodically. Experience gained regarding price trends in international trade shows that it is adequate to fix refunds at least once each wine year. (23)Steps should be taken to ensure that table wines qualifying for refunds have the quality characteristics of table wines of the production region from which they come, and the Member States should take all necessary steps to perform the checks. (24)In order to obtain a refund, exporters should be required to provide proof that the products concerned meet the Community quality standards, and to inform the competent authority of the Member State of both the origin and the quantities of wines involved. To that end, they should indicate, among other things, the numbers and dates of the accompanying documents provided for in Commission Regulation (EEC) No 2238/93 of 26 July 1993 on the accompanying documents for the carriage of wine products and the relevant records to be keptOJ L 200, 10.8.1993, p. 10., as amended by Regulation (EC) No 1592/1999OJ L 188, 21.7.1999, p. 33.. However, under Article 4 of Regulation (EEC) No 2238/93, the Member States may provide that the said document need not be drawn up for certain products in certain cases. It is therefore necessary, to ensure effective supervision, to provide that Member States may not avail themselves of that provision in the context of the refund system. (25)In the case of deliveries for victualling ships and aircraft qualifying for refunds, it is not always easy to obtain the necessary documents in good time, particularly in non-producer Member States, on account of the difficulty of ascertaining the delivery dates in advance. It should be borne in mind that production of the required proof may thus represent a disproportionate burden in relation to the small quantities of table wines which normally make up such individual deliveries for traders who do not employ the procedure laid down in Article 26 of Regulation (EC) No 800/1999 or in Council Regulation (EEC) No 565/80 of 4 March 1980 on the advance payment of export refunds in respect of agricultural productsOJ L 62, 7.3.1980, p. 5., as amended by Regulation (EEC) No 2026/83OJ L 199, 22.7.1983, p. 12.. (26)Article 68(1) of Regulation (EC) No 1493/1999 provides that the imported products covered by that Article should be accompanied by a certificate and an analysis report issued by a body or service designated by the third country in which the products originate. The requirements which the analysis report should meet should be laid down. (27)Provision should be made under Article 68(2)(b) of Regulation (EC) No 1493/1999 for dispensing with the certificate and analysis report in the case of products which are imported from third countries in limited quantities and packed in small containers. To simplify controls, the requirement as to quantity may be considered to be met in the case of imports from third countries whose total annual exports to the Community are already very small. In this case, to avoid deflection of trade, the wines must not only originate in those countries but must be imported from them. (28)For the sake of harmonisation, the exemption from the requirement to present a certificate and analysis report for wine products being imported into the Community should be in line with the customs rules on exemption and the arrangements applicable to documents accompanying consignments of wine products within the Community. (29)Some third countries, having established an effective system for inspecting their wine producers, implemented by their bodies or services, referred to in Article 68(1)(a) of Regulation (EC) No 1493/1999, have expressed an interest in the possibility of authorising the producers themselves to issue certificates and analysis reports. With a view to facilitating trade with those third countries, provided that they have concluded undertakings with the Community which include clauses concerning closer cooperation on the prevention of fraud and that they maintain good trade relations with the Community, it is appropriate to authorise those concerned to consider documents issued by the producers themselves as documents issued by the said bodies or services of the third countries, in a manner similar to that already allowed for wines of Community origin, provided that they give appropriate assurances and exert proper control over the issue of such documents. It should be stipulated from the outset that these rules will apply only for a trial period in order to test the effectiveness of the new system. (30)Lists containing the names and addresses of the agencies and laboratories authorised in third countries to draw up certificates and analysis reports should be published so that the authorities in the Community which supervise the import of wine products can, where necessary, carry out the requisite checks. (31)In order to facilitate controls by the competent authorities of Member States, the form and, where necessary, the content of the certificate and analysis report provided for, and the requirements for their use should be laid down. (32)The certificate and, where appropriate, the analysis report relating to each consignment of imported product should be checked in order to prevent fraud. To this end, the document(s) must accompany each consignment until it is placed under Community control. (33)To take commercial practice into account, where a consignment of wine is split up, the competent authorities should be empowered to have extracts of the certificate and the analysis report drawn up under their supervision to accompany each new consignment resulting from the splitting. (34)In view of the need to ensure swift and effective protection of consumers, it is essential to provide for the possibility of suspending the new arrangements before the end of the trial period in the event of fraud or a health risk to consumers. (35)Simple rules should also be laid down regarding the documents to be produced for imports from a third country other than the country of origin of the wine product, where that product has not undergone substantial processing. (36)It is clear from Article 45 of Regulation (EC) No 1493/1999 that wine products may be offered for direct human consumption in the Community only if they have been produced using oenological practices permitted in the Community. Moreover, where an imported product has undergone enrichment, acidification or deacidification, provision should be made for authorisation of direct human consumption of that product in the Community only if the limits specified for the Community wine-growing zone whose natural production conditions are equivalent to those in the region in which the imported product originates have been complied with. (37)The task of the exporters and the authorities should be simplified by requiring a statement that the alcohol added to liqueur wines and wines fortified for distillation is of vinous origin to be included in the V I 1 document without requiring a separate document for this statement. For the same reason, the V I 1 document should be permitted to serve as the certificate testifying to the designation of origin required for imports of wines eligible for a tariff reduction. However, no certificate or analysis report is required in the case of some wines, provided a certificate of designation of origin is presented. It should be permitted to use the V I 1 document to certify the designation of origin of the said liqueur wines and the section relating to the analysis report need not be completed. (38)Under Article 68(1)(b) of Regulation (EC) No 1493/1999, wines other than sparkling wines and liqueur wines originating in a third country and intended for direct human consumption may not be imported into the Community if their total alcoholic strength by volume or their total acidity, exceeds or fails to reach certain limit values. However, Article 68(2)(a) of that Regulation provides for exceptions where a wine designated by a geographical indication has special quality characteristics. (39)In the case of certain wines originating in Hungary and Switzerland, which have their own special quality and are produced in limited quantities, the maximum total alcoholic strength or the minimum total acidity are exceeded or not attained, respectively, owing to special traditional production methods. The marketing of those wines on the Community market should be permitted. However, to ensure compliance with the requirements to be met before that right may be enjoyed, certification by an official body of the country of origin should be required on the import document introduced by this Regulation. (40)When the agreements on the control and reciprocal protection of wine names were concluded between the European Community and Hungary and Romania, respectivelyOJ L 337, 31.12.1993, pp. 94 and 178., the Community undertook to grant the derogation applicable to Hungarian wines for an unlimited period and to grant the same derogation for certain quality wines originating in Romania. (41)The definitions of some of the products listed in Annex I to Regulation (EC) No 1493/1999 can be applied only to products obtained in the Community. It is therefore necessary for the corresponding products originating in third countries to be defined. The definitions of those products originating in third countries to which this Regulation applies should be as close as possible to the definition of the Community product. (42)Commission Regulation (EC) No 1608/2000OJ L 185, 25.7.2000, p. 24., as last amended by Regulation (EC) No 731/2001OJ L 102, 12.4.2001, p. 33., which laid down transitional measures pending the introduction of definitive measures for the application of Regulation (EC) No 1493/1999, kept in force until 31 January 2001 certain provisions regarding the subjects covered by this Regulation. Accordingly, in order to prevent any interruption in trade in the products covered by those provisions and by this Regulation, the latter should apply as from 1 February 2001. (43)The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Wine, HAS ADOPTED THIS REGULATION:
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