Commission Regulation (EC) No 43/2003 (repealed)Show full title

Article 38 U.K.

1. Aid for the ageing of Madeira liqueur wines and Azores ‘verdelho’ wine, as provided for in Article 20(5) and Article 31 of Regulation (EC) No 1453/2001, shall be paid for all quantities of wine placed in storage for the purpose of ageing on the same date and aged for an uninterrupted period of at least five years in the case of Madeira and three years in the case of the Azores.

[F1 2. Aid for the ageing of Madeira liqueur wine and Azores wine shall be granted to producers in those regions who submit an application to the competent body during the period laid down by the competent authorities of the Member State. That period shall be laid down so as to allow time for the necessary on-the-spot checks to be made.]

3. The aid shall be granted by priority for wine from the most recent harvest. Applications for wines produced during previous marketing years shall be accepted where the maximum quantities laid down in Regulation (EC) No 1453/2001 are not reached, with priority being given to the youngest wines.

4. Where the overall quantity covered by applications exceeds the maximum quantities laid down in Regulation (EC) No 1453/2001, a reduction coefficient shall be applied. The total quantity of product for which a producer submits an aid application may not exceed that covered for the marketing year in question by a production declaration as provided for in Regulation (EC) No 1282/2001.

5. The Portuguese authorities shall make known to the Commission:

• the overall quantities for which contracts have been concluded each year,

• the detailed rules for applying this paragraph.

6. Operators wishing to qualify for the aid scheme shall conclude with the competent body an ageing contract for no less than five years in the case of Madeira and three years in the case of the Azores.

7. Contracts shall be concluded on the basis of an aid application submitted once only at the start of the period referred to above. Applications shall contain at least the following:

(a) the name and address of the applicant producer;

(b) the number of batches covered by the ageing contract and precise particulars of each batch (in particular the tank number, the quantity stored, and the exact location);

(c) for each batch, the harvest year, the technical characteristics of the liqueur wine concerned and, in particular, its total alcoholic strength, actual alcoholic strength, sugar content, total acidity and volatile acidity;

(d) for each batch, the type of container;

(e) for each batch, the first and last day of the storage period.

8. Correct performance of the ageing contract shall confer entitlement to payment of the overall amount of the aid determined when the contract is signed. In Madeira, one third of the aid shall be paid in the first, third and fifth years of storage. In the Azores, one third of the aid shall be paid in each storage year.

9. Acceptance of the contract shall be subject to the lodging of a performance guarantee corresponding to 40 % of the overall amount of the aid covering the contract period. The guarantee shall be lodged in accordance with Commission Regulation (EEC) No 2220/85 of 22 July 1985 laying down common detailed rules for the application of the system of securities for agricultural products(1).

10. The competent body shall ensure that the terms of the ageing contract are observed by checking the producers' records and carrying out on-the-spot inspections.

11. Performance guarantees shall be released when it is established that the contract has been properly performed.

12. Where the competent body finds that the liqueur wine covered by a contract is unsuitable for offering for sale or using for direct human consumption, it shall terminate the contract. Except in cases of force majeure, termination of the contract shall entail the recovery of aid amounts paid and forfeiture of the performance guarantee. The circumstances of force majeure relied upon shall be notified to the competent body within three working days following the date on which they occur.

Textual Amendments

F1 Substituted by Commission Regulation (EC) No 995/2003 of 11 June 2003 derogating from Regulation (EC) No 43/2003 and amending it as regards the period for the submission of applications for aid for the ageing of Madeira liqueur wine and Azores wine.

(1)

OJ L 205, 3.8.1985, p. 5.