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Mode 'operation For The Grant Of Aid To Must Of Uvaconcentrati And Rectified Concentrated Grape Must, Perl'aumento Used The Alcohol Content Of Wine, For Campagna2004 / 2005. Commission Regulation (Ec) No. 1623 ...

Original Language Title: Modalita' operative per la concessione degli aiuti ai mosti d'uvaconcentrati e ai mosti d'uva concentrati rettificati, utilizzati perl'aumento della gradazione alcolica dei vini, per la campagna2004/2005. Regolamento (CE) della Commissione n. 1623 del ...

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The Ministry of Agriculture and Forestry - General Directorate of EU and international policies - General Directorate of agricultural and agro industrial national policies - Central Fraud Repression Inspectorate On Command Carabinieri of the Ministry of Agricultural Policy at the Carabinieri Command for health 'At the Agriculture Departments regions of the regional Institute of vine and wine the Ministry of economy and finance - customs Agency - general Command of the Guardia di Finanza - operating Office AGEA - internal audit Department - executing payments - technical service the practice of 'natural increase in the alcoholic strength by volume of products upstream of table wines and quality' wines produced in specified regions (psr) of Chapter III, art. 34 of Regulation (EC) No. 1493/99 of the Council, and 'regulated by the Decree of the Ministry of Agriculture and Forestry of 30 July 2003 and the circular of the Ministry of Agriculture and Forestry of 1 August 2003. Producers wishing to receive Community aid as provided by Article . 34 of the Council Regulation (EC) No. 1493/99 for concentrated grape must (MC) and rectified concentrated grape must (MCR) used must comply with the conditions and modalities 'established to increase the alcoholic strength of wine products for which under that regulation and' state authorized such an increase. As for the intervention for the use in winemaking of concentrated grape must and rectified concentrated grape must, the aid amounts were re-elected to the extent provided in the preceding year, as follows: ====== ================================================== ============= viticultural area | product | EUR% VOL / HL ============================================= ======================== C2 | MC | 1,446 C2 | MCR | 1,955 C3 | MC | 1,699 C3 | MCR | 2,206 A. Conditions for practice enrichment the enrichment operations are allowed only when the minimum natural alcoholic strength by volume of the products upstream of wine 'for table wine of at least 8% vol. C1b in the wine-growing zone, 8.5% vol. growing zone C II and 9% vol. CIIIb in the wine-growing zone; for VQPRD, at least 9% vol. C1b in the wine-growing zone, 9.5% vol. growing zone C II and 10% vol. CIIIb in the wine-growing zone. The addition of concentrated grape must (MC) and rectified concentrated grape must (MCR) can not 'have the effect of increasing: more than 2% vol. alcoholic strength;
by more than 6.5% of the initial volume of the product object of the enrichment operations. Also, for table wines, the alcoholic strength by volume of the products of the enrichment operations must not be more than 12.5% ​​vol. for the wine CIb, 13% vol. for the wine CIIB and 13.5% vol. CIIIb for the wine-growing zone. The enrichment with concentrated grape must or rectified concentrated can 'run until December 31, 2004, solely on the fresh grapes, grape must, the grape must in fermentation and new wine still in fermentation in the same area wine where the fresh grapes used were harvested. For the determination of the alcoholic strength of the concentrated grape must and / or adjusted to the degree reported Refractometric you must 'use the table in Annex I to Regulation (EC) No. 1623/2000 of 25 July 2000. In the case of products from other EU countries will draw attention that they may benefit from Community aid on condition that the document accompanying the goods or other documentation issued autorita 'control the country of origin, certifying that the product 'was obtained exclusively from grape wine or dual purpose (letter D, 4th period). Under Article. 4 of the Ministry of Agricultural Policy Decree of 26 July 2000, the submission of the declaration of areas under vines is a prerequisite for access to the market and structural measures provided for by the Community rules laid down in the EC Regulation n. 1493/99. This 'means that the applicant must be fully aware that, in case of purchase of grapes or grape must, the No-shows, by its supplier, of the declarations of areas under vines and wine statements imply', to his detriment, the reduction or exclusion aid enrichment, as required by EC Regulation n. 1282/01, the Ministerial Decree of 1 August 1995 and the Ministerial Decree of 26 July 2000, even if it 'was compiled and presented the F1 model.
B. Compulsory Entries in the accounts of loading and unloading Register (art. 11 Regulation (EC) no. 884/01). The operator carrying out the practice of enrichment and 'subject to the obligation of keeping the loading and unloading registers, previously stamped and stamped by the Inspectorate peripheral central repression frauds responsible for the area (hereinafter referred to as' supervisory body 'within the meaning of the Ministerial decree of 30 July 2003) or by municipalities (decree dated 22 November 1999, Official Gazette no. 66 of March 20, 2000) which also proves the shift to wine over the table of the enriched product, in accordance with by Regulation (EC) No. 884/01 and the Ministerial Decree n. 768/1994. enrichments of the register (Art. 14 Regulation (EC) no. 884/01). The same operator has the obligation of keeping the register concerning the increase in the alcoholic strength, which must be stamped and signed as the loading and unloading register mentioned above, and contain all the particulars provided for in Regulation (EC) No. 884/01. In this register enrichment must be recorded in compliance with the mode 'and terms prescribed by art. 25 of Regulation (EC) No. 1622/2000 of 24 July 2000, and in any case before the end of each transaction. At the completion of the last of the enrichment of the wine year the log is closed, indicating the total and quantities any QWPSR downgraded as table wine, after successful enrichment. manufacturing or processing of the concentrate register (Art. 14 Regulation (EC) no. 884/01). Those who produce in their facilities concentrated grape musts and / or concentrated grape must rectified, from raw materials purchased or processed for third parties, in addition to the previously mentioned registers, must keep a register in which the wine-growing area must be highlighted by origin of the dumb must processed in MC or MCR, taking separate products from grapes harvested in wine-growing areas and CIb CIIB from those collected in CIIIb wine-growing zone. In the same register the mentioned data must be reported art. 14, paragraph 2 of Regulation (EC) No. 884/01. Concentrate stock registry (art. 15 Regulation (EC) no. 884/01). If, before delivery to the user, the manufacturer of the concentrated grape must and concentrated grape must rectified otherwise transfers deposit all or part of the MC and MCR obtained, it must write down separately in the register of loading and unloading on each deposit (stamped and signed by the peripheral Inspectorate central repression frauds) products transferred respecting their respective wine-growing areas of origin as well as' reporting the required data by art. 15, paragraph 2 of Regulation (EC) No. 884/01. prior declaration of the enrichment operations. The operator, before starting enrichment, must submit to the local offices of the organ competent control territory for a declaration conforming to the model attached to the circular of the Ministry of Agriculture of 1 August 2003, contains the information required to 'art. 25, paragraph 2 of Regulation (EC) No. 1622/2000 of 24 July 2000 (generality 'of the declarant, appointment of basic products to enrich the product used (MC and / or MCR) etc.) (See model A). The prior declaration relating to each of the enrichment, must 'be sent to the peripheral of the control offices no later than the second day preceding the date of the transaction enrichment conduct, even by fax, or by electronic mail to the addresses email the same, published on the following website of the Ministry of Agriculture and Forestry: www.politicheagricole.it/icrf/home.asp E 'charged to the applicant's responsibility to check that communication is received by the competent supervisory body within expected, given that in order to determine compliance with this deadline will be proved the date of receipt of the declaration. For notices sent by fax or e-mail, then the date and time of delivery resulting from received, provided that the recipient has not communicated to the sender failure, total or partial receipt of that communication. The enrichment operations carried out without compliance with the terms, mode 'and recordings mentioned above, will not be eligible for Community aid.
C. Accompanying documents are reminded that the documents accompanying concentrated grape musts and / or rectified concentrated must contain all the information required by Articles 3 and 4 of Regulation (EC) No. 884/01. D. manufacturing Declaration of concentrated grape must and rectified concentrated The manufacturing statement, referred to D model, and 'the document with which the manufacturer of the MC or MCR attests that the quantities (net weight) of products delivered to third parties or used directly for enrichment operations, meet legal requirements and originate in certain wine-growing areas. This declaration must altresi 'state the refractive% grade at 20 ° C, the place of dispatch and arrival of goods and must provide the identification data of the document accompanying the product. Each declaration may cover only the products obtained during the same wine year. For products originating in CIIIa area and CIIIb (outside of the Italian territory), the manufacturer and 'held, altresi', to transmit its regional offices of the control body, a body's certificate of intervention in the country from which 'original the product, by giving the following information: name of manufacturer, the accompanying documents, the product, net weight, grade refractive% at 20 ° C, place of departure of the goods; supplier's declaration stating that the product and 'derived exclusively from the varieties' of vines recommended or authorized in art. 42 of Regulation (EC) No. 1493/99. This certificate must 'always be accompanied by its translation in Italian language be the direct responsibility' of the manufacturer. If the concentrated grape must and / or adjusted by the manufacturer is sold to an intermediary, the latter must 'purchaser with the rilasciatagli manufacturing declaration by the manufacturer. The MC transformers directly concentrate the juice and use it, they should be attached to the practice of enriching its model DE controls on enrichment authorized bodies to control, by virtue 'of the agreements with Central Fraud Repression Inspectorate of the Ministry of policies agricultural and forestry (up to ensure regular coordination action) are the Regional Offices of the Inspectorate the same territorial jurisdiction, which already 'for years had carried out these functions guarantee of competence and professionalism'. These Offices will report to this agency any irregularities' detected during checks intended to ensure compliance by the operators, with Community and national legislation in force. In particular, in conformity 'to the already' provided for in the already 'quoted ministerial regulations governing enrichment, at the end of the enrichment operations and request of the operator the aforementioned offices will check, for each application for a contribution, regular keeping of records of loading and unloading and the manufacturing of concentrated must register and / or ground used for enrichment and its pattern D. in addition it must be ascertained keeping the register of the enrichment according to the rules imposed by both Community and national legislation in force, about the completeness of all required information, such as details of preventive statements; number and date of submission of lists; date on which have actually taken place enrichment; quantity 'of wine subjected to the enrichment practice divided for table wine and quality wines psr; data related to the amount 'of the enriched product and viticultural area; quantity 'and quality' of the must used and its area of ​​origin; product obtained and relevant final alcohol content;
percentage increase in alcoholic alcoholic strength (not more than 2% vol.) and the initial volume of products to enrich (no more 'by 6.5%) as well as' an indication of the QWPSR derating table wine, after the enrichment operation. After providing verification of the cellar necessary documentation for the purpose of the grant application, the branch office of the Inspectorate central repression frauds responsible for the area, will broadcast 'by the date of April 1, 2005, directly to this agency - and Wine Office Community aid, via Torino, 45 (00184) Rome, the certificate / checklist of the enrichment operations prepared in accordance with Annex C model, showing the analysis of the verification carried out and the approval or not of operations same. To simplify the obligations on the part of local Offices of the Inspectorate central repression frauds, AGEA communications outcome of these checks is done by sending the above mentioned certificate only (to be advanced by fax to the number 06/4453940 Agea) whilst keeping the acts supporting documentation. In accordance 'with the provisions of Regulation (EC) No. 1663/95, the documents must 'be kept neatly in special dossiers for at least ten years, registering the location in view of any checks carried out by the Community and national supervisory bodies. You pray Inspectorates to compile the certificates / checklists (models C) completely and send them to AGEA with timeliness 'and before the aforementioned date of 1 April 2005, since the basic documents for the provision of' aid within the timeframe provided by the Community legislation and therefore to the recognition of the expenditure charged to the EAGGF-Sec. Warranty. F. Application for granting aid The application for the granting of the aid is for completion of form numbered with a unique identification code bar (model B) prepared by the AGEA. To facilitate the retrieval of such a model, the Agea has prepared on the website www.sian.it, a feature available for printing the model in white (up to a maximum of ten models for each access), in the "Forms ", from which potra 'be printed free of charge. The form must 'be used because the original barcode fungera' as a unique identifier. Requirements for printing of forms, from any location equipped with a personal computer connected to the Internet, are: Adobe Acrobat Reader 5.5 (or higher); Internet Explorer 5.5 (or higher) or; - Mozilla Firefox 0.8 (or higher); - Netscape 7.1 (or higher). The question potra 'form and possibly be downloaded for free at the internet terminals AGEA or regions. The mode 'of completion of the application are available in the "Explanatory Notes" in the area "Services - Software and manuals - Manuals." The said application form, when completed, will have 'to be submitted in duplicate (original and one copy simple photocopy) AGEA - Wine Office and Community aid, via Torino, 45 (00184) Rome, within two months from the date of completion of the last of the enrichment relative to the reference country (art. 14 Regulation (EC) no. 1623/2000 of 25 July 2000). In the case of enrichment performed in more 'deposits belonging to the same company, it constitutes "last operation" is scanned last in any of the deposits themselves. All completed applications by the company, separately for each deposit must be sent with the same envelope, having to go to one of the contribution liquidation. Please note that, in any case, the applicant company must indicate on the application their tax code number form, since 'the lack of indication of that is a reason for failure. The aid application must be accompanied by the following documents, in duplicate: 1) copy of the title page of the enrichment registry and all pages corresponding to enrichment for which the contribution is requested; 2) the introduction of the must model (Model E) indicating the tanks in which 'was filed on concentrated must and / or adjusted with its capacity' and quantity 'introduced in each tank, distinguishing between the purchased product and the product of its own production (self-concentration) and tolling third;
3) manufacturing in the original statement of the concentrated grape must and / or adjusted (Mod. D); 4) list of the quantities of musts and wines in fermentation and its wine area, with an indication of the accompanying documents and potential alcohol content; 5) certificate of registration to the Registrar of Companies, stating that the company is in the free exercise of their rights and that is not 'subject to declaration of bankruptcy or other insolvency proceedings; 6) the manufacturer must submit to the Prefecture of competence, knowledge and AGEA, demand for the anti-mafia certificate request that will be ', by the same Prefecture, transmitted directly to AGEA for requests for aid amounts exceeding EUR 154,937.07 under the decree of the President of the Republic June 3, 1998, n. 252 (Official Gazette no. 176 of 30 July 1998). This certification is not 'necessary, instead, to aid applications for amounts up to Euro 154,937.07. G. Early Payment of producers may request, no earlier than January 1, 2005, the payment of an advance corresponding to the aid calculated on the product used to increase the alcoholic strength of applied for, subject to a security in favor of 'Agea, equal to 120% of the same. The deposit must 'be accompanied by a photocopy. The scheme and the surety 'to Annex G of this Circular. Applications for an advance must 'be still attached all the documentation in section F of this document. H. Check with the wine declarations and areas under vines should be noted that is preliminarily checked the presence and correctness of the tax code in the application, after crossing with the tax register. Any inconsistencies of the same, if not curable office, constitute anomaly. The following describes the criteria applied for the control of all applications for the wine sector aid - Camp. 2004/2005 with the wine statements and statements under vines. The inspection, carried through crosses between the computerized databases, aims to establish the admissibility 'help through the ascertainment of regularity' obligations required to producers, under Reg. EC n. 1282/01, the Ministerial Decree of 1 August 1995, as amended (relating to grapes and wine harvest declarations) and the Ministerial Decree of 26 July 2000 (on declarations of areas under vines). Control object and 'all the documents produced by asylum-help, especially the presence of the wine statement (grape harvest and wine production) of the applicant the aid is a necessary condition for entitlement to aid; if so the absence of such a declaration, the Agea not 'agency to provide the same benefit. As regards the examination of the wine statements of the applicant's help, the control is done in the following ways: 1) if the applicant for aid is manufacturer of grapes and transformer of the same, which does not receive grapes and / or other products upstream of wine. The control is performed by taking the data indicated in part C, sect. I (grape harvest) and sect. II (statement of areas under vines) of the wine statement of the applicant's help. For what 'regarding the modalities' compilation of the wine statement, please refer to the data in the instructions to this end prepared. Through the references listed in the section. II (tax code, VAT number, the barcode of the areas under vines statement) is checked for the presence of / and any / the statement / s under vines. If no acknowledgment of the declaration of areas under vines (fault message type "2") surfaces, a penalty 'in the quantification of the aid to be disbursed according to the method mentioned in the section "Calculation penalty' is applied to apply for aid '; 2) if the applicant for aid is, and transformer and manufacturer of its own grapes which also receives grapes and / or other products upstream of wine. The check is carried out taking into account: A. the data indicated in part C, sect. I (grape harvest) and sect. II (statement of areas under vines) of the wine statement of the applicant's help;
B. the list of certificates of delivery attached to wine statement of the applicant's help (F1 and F2 attachments). To the point A, through references in section. II (tax code, VAT number, the barcode of the areas under vines statement) is checked for the presence of / and any / the declaration / the areas under vines. If no acknowledgment of the declaration of areas under vines (fault message type "2") surfaces, a penalty 'in the quantification of the aid to be disbursed according to the method mentioned in the section "Calculation penalty' is applied to apply for aid." For point B, on the basis of delivery attached to wine declaration certificates they are identified from the vendors who sold grapes and / or other products upstream of wine to the person requesting the help. For each supplier the check is carried out as follows: 1. Check the presence of the wine statement (harvest grapes and / or wine) for vendors who filled the F1-type attachment. If no acknowledgment of the wine statement (fault message type "7"), a penalty 'is applied in the quantification of the aid to be paid, based on the wine-growing area from which originated the supply of products by the applicant with the grapes 'aid (for the calculation of the penalty' see section 'calculation penalty' to be applied to the aid '). The area of ​​supply and 'identified considering the framework F, F4 row, columns 2 and 7 of Annex F1. 2. Verify the presence of the declaration of areas under vines for all vendors who have completed both the attachment type F1 is of type F2. In the case of type F1 attachment, once it found the presence of the wine declaration, the eventual completion of the declaration of C framework is verified (sect. I and sect. II). If this framework is filled with references indicated in sec. II (tax code, VAT number, the barcode of the areas under vines statement) is checked for the presence of / and any / the declaration / the areas under vines. In the case of type F2 attached, the check is performed considering the data reported in the context C (sect. I and II). With references in section. II (tax code, VAT number, the barcode of the areas under vines statement) is checked for the presence of / and any / the declaration / the areas under vines. If no acknowledgment of the declaration of areas under vines ( '2' issued error type) surfaces, a penalty 'is applied in the quantification of the aid to be paid, based on the wine-growing area from which originated the supply of products by grapes requesting the help (for the calculation of the penalty 'see section' calculation penalty 'to be applied to the aid'). The area of ​​supply and 'identified considering the framework F, F4 row, columns 2 and 7 for the attachment supply F1 and the context C, sect. I, line C6, column 4, for the attachment of supply F2; 3. case in which the applicant is the aid transformer (without the contribution of the production of their grapes) which receives grapes and / or other products upstream of wine. The check is carried out taking into account: 1. the data may be specified in the context C, sect. II (statement of areas under vines) of the wine statement of the applicant's help; 2. the list of certificates of delivery attached to wine statement of the applicant's help (F1 and F2 attachments). For mode 'control, you follow the steps in the previous case 2. Calculation penalty' to apply for aid Where, in the course of checks, are identified for type "2" and / or "7", both anomalies for the applicant for the help that his supplier Agea will proceed 'to apply a penalty' help to be delivered calculated as follows: a = ((B - C) / B) * 100 where: a = percentage reduction; B = total area of production of the applicant's help; C = total area permitted. In particular, the total area of production and 'identified in the figure indicated in the framework G, sect. II, G8 row, column 5, in the wine declaration of the aid applicant. The total area permitted, and 'the sum of: 1. the total area of collection (picture C, sect. I, line C6, column 4) of the wine declaration by the applicant with the help absence of anomalies 2;
2. The total area of ​​supply (picture F, line F4) columns 2 and 7 for the attachment supply F1 and the context C, sect. I, line C6, column 4, for the attachment of supply F2) of annexes to the statement of the winemaking requesting help for suppliers with no fault was detected 2 and 7. The results of the control with the mode 'indicated above is transferred to beneficiaries for which anomalies so that 'were found to conduct a match with the results of the documentation in its possession. If you do not agree with the results of checks carried out, and then with notified abnormalities, the beneficiaries will have to submit to AGEA, within a deadline of thirty days from the date of receipt of the registered letter of Agea will indicate the anomaly, the necessary documentation for amnesty, namely: for type 2 copy of the original anomalies of the declaration of areas under vines presented at the counter of the region or the center door AGEA; for type anomalies 7 certified copy of the wine harvest declaration and / or production presented by the manufacturer for the 2004/2005 marketing year. Upon expiry of the said period of thirty days, the preliminary investigation of the definition of the aid application will be considered 'concluded on the basis of the documents already' possess Agea well 'of that (documents) received by that date, with this' determining itself the refusal or total or partial payment of the same. In case of refusal or partial payment, it provides' Agency to notify the reasons. I. Sanctions. Where the documents produced shows that enrichment has not been effected in compliance 'of the provisions of art. 34, paragraph 1, of the reg. (EC) No. 1493/99 in accordance 'with Annex V, point C of the same Regulation or the implementing provisions contained in the reg. n. 1622/2000 of 24 July 2000 and in this Circular, the aid will not be 'paid. In case of failure the aid will be 'reduced by 0.5% over the period for submission of the aid application, for each day of delay for a period of two months. If the term in question is exceeded by more than two months the aid will not be 'paid. L. Information. In order to be able to correspond with slenderness and transparency, to the questions put by the producers concerned by issues related to the submitted requests, it should be noted that these questions will be addressed exclusively to the fax number Agea 06/4453940 and to them will be 'acknowledged with the same procedures'. To protect confidentiality, no information will be provided via telephone. Supervision. In accordance 'with Annex no. 9 Reg. EC n. 1663/95, the competent services will have Agea independent second-level checks on operators or on public bodies, including through access to the documentation and on-site, in order to verify the proper discharge of the activities'. They pray in the address bodies and organizations to give maximum disclosure to the mode 'operation described above. This Circular is published on the website of the Ministry of Agriculture and Forestry (www.poli ticheagricole.it) and Sian (www.sian.it), from which last potra 'also be downloaded the forms. Rome, September 21, 2004 The owner of the Office monocratic Gulinelli