EUROPEAN COMMISSION Brussels, XXX [ ](2016) XXX draft COMMISSION DELEGATED REGULATION (EU) No /.. of XXX supplementing Regulation (EU) No 1308/2013 of the European Parliament of the Council as regards the scheme of authorisations for vine plantings, vineyard register, accompanying documents and certification, inward and outward register, compulsory declarations, admnistrative cooperation and mutual assistance, notifications and access rights, and repealing Delegated Regulation (EU) 2015/560 EN EN
WORKING DOCUMENT DRAFT DELEGATED ACT FOR THE RE-CAST OF REGULATION (EC) N 436/2009 AND TITLES III AND V OF REGULATION (EC) N 555/2008 DISCLAIMER This working document has been prepared by DG AGRI staff in order to facilitate the discussion in the Expert group for Wine. This draft Delegated Act is still subject to changes until the final adoption by the College EN 2 EN
EXPLANATORY MEMORANDUM 1. CONTEXT OF THE DELEGATED ACT Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products (CMO Regulation) empowers the Commission to adopt delegated acts. The purpose of this delegated act is to lay down detailed rules concerning the vineyard register, accompanying documents and certification, inward and outward register, compulsory declarations, control bodies, administrative cooperation and mutual assistance, and notifications and access rights, in order to re-cast existing Regulation (EC) No 436/2009 and the relevant provisions of Titles III and V of Regulation (EC) No 555/2008. These rules will provide for details on the minimum information to be contained in the vineyard register, the rules on accompanying documents and certification for Union and Third countries grapevine products, on inward and outward register to be kept in the wine sector, on administrative cooperation and mutual assistance, and on the operators' obligations concerning the different compulsory declarations (in particular production and stock declarations). This delegated act will also repeal and replace Delegated Regulation (EU) No 2015/560 concerning the new scheme of authorisations for vine plantings, thereby integrating all existing provisions in this new act. The integration of all these different aspects of wine legislation in the same act, all very much linked to regulatory and control provisions, allows to not only reduce the number of total acts related to the wine sector in the framework of the Common Market Organisation (CMO), but also to harmonise definitions applying across these areas. This leads to simplifying the respective implementation in Member States and enhancing clarity. The integration of provisions that range from the planting of vines until the marketing of wine as final product also contributes to promote the idea of traceability along the supply chain. The adoption of this delegated act does not entail financial implications. 2. CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT Consultations, involving experts from all the 28 Member States have been carried within the Experts Group for Wine. The first meeting held on 23 July 2015 was organised to launch discussions in the form of a workshop chaired by Member State experts. The meeting allowed for a first discussion with experts on the basis of questions prepared by the Commission, and Member State rapporteurs prepared reports of such discussions. In the Experts' Group meeting of 20 October 2015 the Commission submitted for discussion a first issues paper (concerning the provisions on vineyard register and compulsory declarations), incorporating the outcome of the workshop discussions, followed by the launching of a questionnaire on the specific topic of the vineyard register. The outcomes of the latter were discussed in the Experts' Group meeting of 23 February 2016. On the other hand, a second issues paper (concerning provisions on accompanying documents, registers and trade regime with third countries) was submitted and discussed during the Experts' Group meetings of 17 November 2015, 16 EN 3 EN
December 2015 and 26 January 2016. A draft legal text was presented for the first time on ( ) 3. LEGAL ELEMENTS OF THE DELEGATED ACT ( ) EN 4 EN
COMMISSION DELEGATED REGULATION (EU) No /.. of XXX supplementing Regulation (EU) No 1308/2013 of the European Parliament of the Council as regards the scheme of authorisations for vine plantings, vineyard register, accompanying documents and certification, inward and outward register, compulsory declarations, administrative cooperation and mutual assistance, notifications and access rights, and repealing Delegated Regulation (EU) 2015/560 THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 1, and in particular Articles 69, 90(3), 145(4), 147(3) and 223(2) thereof, Having regard to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 2, and in particular Articles 89(5) thereof, Whereas: (1) (2) ( ) HAS ADOPTED THIS REGULATION: CHAPTER I INTRODUCTORY PROVISIONS Article 1 Scope This Regulation lays down delegated rules concerning the following provisions of Regulation (EU) No 1308/2013: Scheme of authorisations for vine plantings (Chapter II) Vineyard register (Chapter III) Accompanying documents and certification (Chapter IV) (d) Inward and outward register (Chapter V) (e) Compulsory declarations (Chapter VI) 1 2 OJ L 347, 20/12/2013, p. 671. OJ L 347, 20/12/2013, p. 549. EN 5 EN
(f) (g) Control bodies, administrative cooperation and mutual assistance (Chapter VII) Notifications and access rights (Chapter VIII) 1. For the purposes of this Regulation: (d) (e) Article 2 [ex-articles 2,7,9,11,22 of Reg 436/2009] Definitions 'wine grower' shall mean a natural or legal person, or a group of natural or legal persons, whatever legal status is granted to the group and its members by national law, whose holding is situated within the Union territory, as defined in Article 52 (1) and (2) of the Treaty on European Union, and who have an area planted with vines where the produce of this area is used for the commercial production of wine or other grapevine products 3, or the area benefits from the exemptions for experimental purposes or for graft nurseries referred to in Article 3(2) of this Regulation; 'vineyard parcel' shall mean an agricultural parcel as defined in Article 67(4) of Regulation (EU) No 1306/2013 which contains an area planted with vines either aimed at the commercial production of wine or other grapevine products or benefitting from the exemptions for experimental purposes or for graft nurseries referred to in Article 3(2) of this Regulation; ['area planted with vines' shall mean a non-abandoned area which is defined by the external perimeter of the vine stocks with the addition of a buffer whose width corresponds to half of the distance between the rows, and this area shall be determined in accordance with Article 38(2) of Implementing Regulation (EU) No 809/2014;] 'abandoned wine-growing area(s)' shall mean an area planted with vines which is no longer subject to regular cultivation [with a view to obtaining a marketable product] for more than [8] wine years, the grubbing up of which no longer entitles the producer to be granted a replanting authorisation in accordance with Article 66 of Regulation (EU) No 1308/2013; 'harvester' shall mean a natural or legal person or a group of such persons, whatever legal status is granted to the group and its members by national law, who harvest grapes from an area planted with vines in order to market them for the production of wine or must by third parties, or to process them into must or wine in their holding (or have them processed on their behalf) with commercial purposes; (f) 'producer' in the framework of Article 62(2) of Regulation (EU) No 1308/2013 shall mean an applicant for a vine planting authorisation; (g) 'small producer' shall mean a producer who produces on average less than 1 000 hl of wine per year, based on the average annual production over at least three consecutive wine years. (h) 'processor' shall mean a natural or legal person or a group of such persons whatever legal status is granted to the group and its members by national law, by whom or on whose behalf the processing of wines into wines, sparkling and 3 Those listed in Part XII of Annex I of Regulation (EU) No 1308/2013 EN 6 EN
(i) (j) (k) (l) semi sparkling wines, aerated sparkling wines, quality sparkling wines or quality aromatic sparkling wines is carried out; 'stock holder' shall mean any natural or legal person or a group of such persons, whatever legal status is granted to the group and its members by national law, other than private consumers and retailers, who hold wine and must stocks with commercial purposes. 'retailer' shall mean a natural or legal person or a group of such persons whose business activity includes the sale directly to the consumer of wine [and must] in small quantities, to be defined by each Member State, having regard to the special features of trade and distribution, but not for those who use cellars equipped for storing or facilities for bottling wine in large quantities, or who engage in itinerant trading in wine transported in bulk. 'closing device' shall mean a closing device for containers of a nominal capacity of not more than five litres. 'bottling' shall mean putting up wine [as a final product] for commercial purposes in containers of a capacity not exceeding sixty litres. (m) 'bottler' shall mean a natural or legal person or a group of such persons carrying out bottling of wine or having bottling carried out on their behalf. (n) 'merchant' shall mean a natural or legal person or a group of such persons, other than retailers, who hold products covered by the wine sector in the exercise of their trade, in particular on import, export or intra-community supplies. Member States may exclude form the definition of 'small producer' set out in point (h) the producers who buy fresh grapes or grape must to process them into wine. 2. [For the purposes of Chapter II 'producer' shall mean a current or prospective [producer of wine grapes or] wine-grower as defined in point of paragraph 1. ] 3. For the purposes of Chapters III to VII, 'producer' shall mean a natural or legal person or a group of such persons, whatever legal status is granted to the group and its members by national law, who processes himself fresh grapes, grape must, or new wine still in fermentation into wine or must with commercial purposes, or have them processed on his behalf. CHAPTER II SCHEME OF AUTHORISATIONS FOR VINE PLANTINGS [Articles 1 to 5 of Delegated Regulation (EU) 2015/560] (not to be discussed acquis communautaire) ( ) CHAPTER III VINEYARD REGISTER EN 7 EN
Article 8 [ex-article 3 and Annex I of Reg 436/2009] Minimum information contained in the vineyard register 4. In accordance with Article 145(1) of Regulation (EU) No 1308/2013, Member States which implement the scheme of authorisations for vine plantings shall ensure that their vineyard register contains updated information including at least the details and specifications set down in Annex III, in relation to: each wine grower with an area planted with vines; each producer, including small producers, not included under. 5. In order to comply with the obligation to submit to the Commission by 1 March each year an updated inventory of their production potential in accordance with Article 145(3) of Regulation (EU) No 1308/2013, Member States which implement national support programmes but are exempted from the scheme of authorisations for vine plantings shall ensure that their vineyard register contains updated information including at least the simplified details and specifications set down in Annex IV. CHAPTER IV ACCOMPANYING DOCUMENTS AND CERTIFICATION Article 9 [ex 23 of Reg 436/2009] General rules 1. In accordance with Article 147(1) of Regulation (EU) No 1308/2013, Member States shall ensure that an accompanying document covers each consignment of products falling within CN codes 0806 10 90 (Fresh grapes other than table grapes), 2009 61, 2009 69 (Grape juice, including grape must), 2204 (wines), 2206 00 10 (Piquette), 2307 00 11, 2307 00 19 (Wine lees) and 2308 00 11, 2308 00 19 (Grape marc), which is made between any of the following types of operators as defined in Article 6: (d) (e) wine grower; producer or processor, including small producers; retailer; bottler; merchant not included under to (d), who does not hold stocks. 2. The accompanying document may only be used for a single consignment. The operator shall be able to present the accompanying document or any other commercial document mentioning, in a clearly identifiable manner, the unique reference code of the accompanying document to the competent authorities and bodies throughout the transport operation, under the conditions of use provided for as regards each recognised accompanying documents referred to in Article 11. 3. The Member States shall register the operators referred to in this Article. EN 8 EN
Article 10 [ex 25 of Reg 436/2009] Exemptions 1. By way of derogation from Article 9, no accompanying document shall be required [ex 25 of R.436/2009] in the following cases: grapes, whether or not pressed, or grape must, grapes, whether or not pressed, or grape must, where the total road distance does not exceed 40 Km from the vineyard to the winemaking premises or between two establishments, transported: (i) (ii) by the wine growers themselves to their premises on their own behalf from their own vineyards or another establishment belonging to them, or by individual or groups of producers to their premises themselves or on their behalf by third parties other than the consignees, from their own vineyards or from wine growers vineyards, or (iii) within the same local administrative unit or to a local administrative unit in the immediate vicinity, or (iv) between two establishments of the same undertaking without change of the owner, where transport is effected for the purpose of winemaking, processing, storage or bottling; grape marc and wine lees: (i) (ii) transported to a distillery, where the product is accompanied by a delivery note laid down by the competent authorities of the Member State where transport begins, or where the transport is effected for the purpose of withdrawing the product from the wine-making process under supervision of the competent authorities. [IA : ex 22 of Regulation (EC) No 555/2008]. wine vinegar. In exceptional cases the competent authorities may extend the maximum distance of 40 km to 70 km as regards point. 2. The derogation referred to in paragraph 1 also applies to the following cases of wine products in containers of a nominal volume of not more than 60 litres: wine products transported in labelled containers fitted with a non-reusable closing device, of a nominal volume of five litres or less, where the total quantity does not exceed: five litres in the case of concentrated grape must, whether or not rectified, 100 litres for all other products; wine or grape juice intended for diplomatic representations, consulates and similar establishments, within the limits of the allowances granted them; wine or grape juice: contained in private household removals, and not intended for sale, on board ships, aircraft or trains to be consumed there; EN 9 EN
(d) (e) (f) (g) partially fermented wine and grape must transported by private individuals and intended for the personal consumption of the consignee or the consignee s family, other than consignments as referred to in point of paragraph 1, where the quantity transported does not exceed 30 litres; any product intended for scientific or technical experiments, where the total quantity transported does not exceed one hectolitre; commercial samples; samples for an official agency or laboratory. 3. In the case of exemption from the requirement to provide any document to accompany the consignments consignors other than retailers or private individuals disposing from time to time of the product to other private individuals must be able at any time to prove the accuracy of all the entries laid down for the inward and outward register provided for in Chapter III [ex chapter III of R.436/2009] or other registers required by the Member State concerned. Article 11 [ex 24 of Reg 436/2009] Recognised accompanying documents 1. Competent authorities and bodies shall recognise the following documents as accompanying documents, provided that they comply with the conditions laid down in paragraphs 2 to 7 of this Article and in Annex [ ] of Implementing Regulation (EU) [ ]. [ex Annex VI of R.436/2009]: for the wine products dispatched within a Member State or among Member States, without prejudice to point of this paragraph and paragraph 3 below: (i) (ii) one of the documents referred to in Article 21(6) or Article 26(1) of Council Directive 2008/118/EC for products transported under duty suspension arrangements within the Union s territory; the simplified accompanying document referred to in Article 34(1) of Directive 2008/118/EC, drawn up and used in accordance with Commission Regulation (EEC) No 3649/92 ( 2 ), for excise goods transported within the Union s territory, after release for consumption in the Member State where the transport operation began; (iii) one of the following documents, drawn up under the conditions laid down by the Member State of dispatch, for wine products not subject to excise duty and for wine products subject to excise duty dispatched by small producers, pursuant to Article 40 of Directive 2008/118/EC: where the Member State uses an information system, a printed copy of the electronic administrative document thus established or any other commercial document stating, in a clearly identifiable manner, the specific administrative code ( MVV code ) assigned by that system, where the Member State does not use an information system, an administrative document or a commercial document, bearing the MVV code assigned by the competent body or by the consignor; EN 10 EN
for the wine products dispatched to a third country or territory as defined in Article 5(2) and (3) of Directive 2008/118/EC, one of the documents referred to in paragraph 1(i) or (iii) of this Article. 2. The accompanying documents referred to in paragraph 1 shall include the information indicated in Part [ ] of Annex [ ] of Implementing Regulation (EU) [ ]. [ex Part C of Annex VI of R.436/2009], or allow the competent bodies to have access to this information. The documents shall bear the unique administrative reference code assigned by the computerised system referred to in Article 21(2) of Directive 2008/118/EC [ARC number] or by the computerised procedure referred to in paragraph 3 of this Article [MVV number], providing access to the information. [For the purposes of paragraph 1(i) products falling within CN codes 2009 61 and 2009 69 shall be considered as transported under duty suspension.] 3. By way of derogation from paragraph 1, Member States may recognise as other accompanying documents, documents produced using a computerised procedure intended to simplify the procedure with regard to the movements of wine products carried out exclusively on their territory by all operators referred to in Article 9(1) [, or with regard to the movements of wine products dispatched by small producers to another Member State or a third country or territory as defined in Article 5(2) and (3) of Directive 2008/118/EC.] 4. [The use of the accompanying documents referred to in paragraph 1(i) by small producers is without prejudice to the specific derogations provided for in Article 40 of Directive 2008/118/EC.] 5. [Where the computerised system referred to in Article 21(2) of Directive 2008/118/EC or a simplified computerised procedure set up by the Member State of dispatch referred to in paragraph 3 of this Article is used, the information referred to in paragraph 2 shall be held in the system used. [ex Article 31(2) second subparagraph of R.436/2009] 6. In the case of wine products imported from a third country, the accompanying document or the commercial document shall make reference to the attestation or certificate drawn up in the country of origin, in accordance with Article 15. The operator shall be able to present the accompanying document or the commercial document and the attestation or certificate whenever requested by the competent authorities and bodies of the Member States. [ex Article 31(3) second subparagraph of R.436/2009] 7. In the case of wine products exported to a third country, the accompanying document or the commercial document may be accompanied by a specific certificate as provided for in Article 13(1). The operator shall be able to present the accompanying document or the commercial document and the specific certificate whenever requested by the competent authorities and bodies of the third country of destination.. [ex Article 31(3) second subparagraph of R.436/2009] ] Article 12 [ex 26 of Reg 436/2009] Authenticity of the accompanying document The accompanying document shall be deemed to be authentic under the following conditions: EN 11 EN
(d) where one of the documents referred to in Article 21(6) of Directive 2008/118/EC is used, provided that the relevant electronic administrative document is drawn up in accordance with the applicable rules provided for by regulation (EC) No 684/2009 4 ; where the document referred to in Article 26(1) of Directive 2008/118/EC is used, provided that the consignor complies with the provisions of that paragraph 1; where a document produced through a simplified computerised procedure set up by a dispatching Member State is used, in order to draw up the document referred to in Article 11(1)(ii) [ex 24(1)(ii) of R.436/2009] or Article 11(3) [ex 24(5) of R.436/2009] of this Regulation, provided that the corresponding electronic document is established in compliance with the applicable rules laid down by national legislation; otherwise, provided that the original accompanying document and a copy are validated prior to dispatch: (i) (ii) by the date, the signature of the person in charge of the competent body and the stamp affixed by this person; or by the date, the signature of the consignor and affixing by the consignor, as appropriate: of a special stamp in accordance with the model referred to in Annex VIII, of a stamp prescribed by the competent authorities, or of a mark of a stamping machine approved by the competent authorities. The special stamp or the prescribed stamp, referred to in point (d)(ii) of the first paragraph above may be pre-printed on the forms, where printing is carried out by a printer approved for that purpose. Article 13 [ex 31 of Reg 436/2009 et ex 63 R.607/2009] Attestation certifying the characteristics, quality, designation of origin or geographical indication, name of origin, vintage or (the) wine grape variety (s) of vine products of the Union 1. The accompanying document referred to in Article 11 [ex Article 24 of R.436/2009] or the commercial document used in accordance with Article 21(6) of Council Directive 2008/118/EC or with Article 9(2) of this Regulation shall be regarded as certifying the provenance and characteristics of the grapevine products, the vintage year or the grape variety(ies) from which it is produced and, where applicable the PDO or PGI, in accordance with paragraphs 2 and 3 below. To this effect an attestation shall be issued by the operator as following: by signing box 17l of the accompanying document and the commercial document used in accordance with Article 21(6) of Council Directive 2008/118/EC or Article 9(2) of this Regulation or by establishing a specific certificate in accordance with the requirement and template provided for in Annex [ ] of Implementing Regulation (EU) [ ] [new in view to comply if requested with obligations provided for in Third countries]. 4 OJ L 197 of 29/7/2009, p.24 EN 12 EN
This attestation is established on the basis of checks carried out by the operators and official conformity checks carried out by the competent bodies referred to in Articles [ ]of Implementing Regulation (EU) [ ] [ex 25 and 63 R.607/2009]. This attestation is without prejudice to the certification procedures established by the Member States, in accordance with Article 120, paragraph 2 a) of Regulation (EC) No 1308/2013. 2. The consignor certifies the accuracy of the information required pursuant to Article 11, on the basis of their records or the certified information in the documents accompanying the previous consignments of the product in question. 3. Where Member States have made it obligatory, in respect of the wine products produced in their territory, for a PDO or PGI certificate to be drawn up by a control body designated for this purpose, the accompanying document shall include a reference to this certificate, the name and, where applicable, the electronic address of the control body. Article 14 [ex 63 R.607/2009] Administrative certification procedure 1. The certification procedure referred to in Article 120(2) of Regulation (EC) No 1308/2013 shall ensure administrative evidence to support the veracity of the analytical characteristics, the wine grape variety(-ies) or the vintage year shown on the label of the wine(s) concerned. The procedure shall be carried out in the Member State in which production take place. 2. The certification shall be carried out through random checks, sampling or systematic checks, in accordance with Article [ of Implementing Regulation (EU) [ ]. 3. The costs of the certification shall be borne by the operators subject to it, save where Member States decide otherwise. Article 15 [ex 40 R.555/2008] Attestation certifying the characteristics, quality, designation of origin or geographical indication, name of origin, vintage or (the) wine grape variety (s) of vine products of Third countries The VI-1 certificate, where it is established and registered in accordance with Article [ of Implementing Regulation (EU) [ ][ex Article 30 of R.436/2009 and 41 to 45 of R.555/2008], shall be regarded as certifying that the imported product: (d) has the characteristics of a vine product in accordance with EU law or in compliance with a bilateral agreement in force between the EU and a third country, was made from grapes of a specific vintage year or has been produced from (the) wine grape variety(ies) designated and, if applicable, complies with the specifications of the PDO, PGI or name of origin. CHAPTER V INWARD AND OUTWARD REGISTER EN 13 EN
Article 16 [ex 36 and 37 R.436/2009] Holding of the inward and outward register 1. In accordance with Article 147(2) of Regulation (EU) No 1308/2013, the following operators as defined in Article 6 dealing with products falling within CN codes 0806 10 90 (Fresh grapes other than table grapes), 2009 61, 2009 69 (Grape juice, including grape must), 2204 (wines), 2206 00 10 (Piquette), 2307 00 11, 2307 00 19 (Wine lees) and 2308 00 11, 2308 00 19 (Grape marc) are obliged to keep an entry and withdrawal register: each producer and processor, including small producers, each bottler, each merchant not included under or who does not hold stocks. 2. Member States shall ensure that the operators referred to in paragraph 1 fulfil the obligation to keep an inward and outward register. However, they may provide that the following operators are not required to keep the register, provided that the entries, withdrawals and stocks may be checked at any time on the basis of commercial documents used for financial accounts: natural and legal persons and groups of persons who hold stocks of or offer for sale solely wine products in labelled containers fitted with a non-reusable closing device, of a nominal volume of five litres or less, where the total quantity does not exceed five litres in the case of concentrated grape must, whether or not rectified and 100 litres for all other products; stock holders selling drinks for consumption only on the premises. 3. The Member States shall register the operators referred to in this Article. Article 17 [ex 36 R.436/2009] Holding of the inward and outward register Operators required to keep an inward and outward register shall record: (d) the entry and withdrawal of each batch of wine products to or from their premises on the basis of one of the accompanying document as referred to in Article 11 [ex Article 24], the category of product entered in the register, as specified in Article 18 [ex Article 39(1)], the operations specified in Article 19 [ex Article 41(1)] as they are carried out on their premises, individual accounts or entries and withdrawal of products specified in Article 20 [ex Article 43(1) and part of 47]. Article 18 [ex 39(1) R.436/2009] Products to be entered in the inward and outward register 1. For products to be entered in the inward and outward register, separate accounts shall be kept for: each one of the categories listed in Annex VII, Part II to Regulation (EC) No 1308/2013; EN 14 EN
(d) (e) each wine with a PDO and products intended for processing into such a wine; each wine with a PGI and products intended for processing into such a wine; each wine of a wine-grape variety not covered by a PDO or PGI and the products intended for processing into such a wine or packaging, with the reference of their classification pursuant to Article 81 of Regulation (EC) No 1308/2013; each wine not covered by a PDO or PGI and the products intended for processing or packaging, with the indication of the vintage year. 2. By way of derogation to paragraph 1, different PDO or PGI wines put up in containers of no more than 60 litres labelled in accordance with EU provisions, that are acquired from a third party and held with a view to sale may be entered in the same account provided that entries and withdrawals of each wine with a PDO or PGI appear therein individually. 3. Loss of the use of the products must be recorded in the inward and outward registers. Article 19 [ex 41(1) R.436/2009] Operations to be entered in the inward and outward register The following operations shall be entered in the registers: (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) (q) (r) (s) increasing the alcoholic strength; acidification; de-acidification; sweetening; blending; bottling; distillation; the production of all categories of sparkling wine, semi-sparkling wine and aerated semi-sparkling wine; the production of liqueur wine; the production of concentrated grape must, whether or not rectified; treatment with charcoal for oenological use; treatment with potassium ferrocyanide; fortifying wine for distillation; other processes involving the addition of alcohol; processing into a product of any other category, in particular into aromatised wine; treatment by electrodialysis or by cation exchanger to ensure the tartaric stabilisation of the wine or acidification by cation exchanger treatment; addition of dimethyldicarbonate (DMDC) to wine; use of oak chips in winemaking; correction of the alcohol content of wine; EN 15 EN
(t) (u) (v) (w) (x) (y) experimental use of new oenological practices, including appropriate reference to the authorisation given by the Member State concerned; acidification or de-acidification by electro-membrane treatment; the management of dissolved gas in wine using membrane contactors; treatment using a membrane technology coupled with activated carbon; use of polyvinylimidazole-polyvinylpyrrolidone copolymers; use of silver chloride. Article 20 [ex 43(1) and part of 47 R.436/2009] Specific registers or accounts 1. Holders of the inward and outward register shall keep a specific register or account of the entry and withdrawal of the following products held by them for whatever purpose, including use on their own premises: (d) (e) (f) sucrose; concentrated grape must; rectified concentrated grape must; products used for acidification; products used for de-acidification; spirits distilled from wine. The keeping of specific registers or accounts shall not provide exemption from the declarations referred to in point D(4) of Annex VIII to Regulation (EC) No 1308/2013. 2. Member States may provide for the obligation to keep specific registers of: closing devices used for putting up products in containers of a nominal volume of five litres or less as referred to in Article 10(d)(i)[ex 25(i) R.436/2009], to be released to the market on their territory, and for indicating special particulars thereon; certain categories of product or certain operations specified in Articles 18(1) [ex 39(1) R.436/2009] and 19[ex 41(1) R.436/2009]. CHAPTER VI COMPULSORY DECLARATIONS Article 21 [ex-articles 8,13,14 of Reg 436/2009] Harvest declarations 3. [In accordance with Article 223(2) of Regulation (EU) No 1308/2013,] Member States may require harvesters referred to in Article 2(e) who harvest grapes in current wine year to submit a harvest declaration to the competent authorities designated by Member States. Member States which have established an annually updated vineyard register or similar computerised administrative control instrument with which a link can be EN 16 EN
established between declarants, declared production harvested and the vineyard parcels concerned, may exempt harvesters required to submit a declaration from the obligation referred to in Article [14(2)] of Implementing Regulation (EU) 2016/xxx. In such cases the competent authorities of the Member States shall themselves complete the harvest declaration by indicating the area on the basis of the data in the vineyard register. 4. Where Member States decide to require the harvest declaration referred to in paragraph 1, and without prejudice to the obligations resulting from Article 21, they may exempt from the obligation to submit harvest declarations: harvesters who process the whole of their harvest of grapes into wine by themselves or have it processed into wine on their behalf; harvesters associated with or belonging to a cooperative winery or group who deliver the whole of their harvest to that cooperative winery or group as grapes or must, including the harvesters referred to in Article 21(2). Article 22 [ex-articles 9,13,14] Production declarations 1. [In accordance with Article 223(2) of Regulation (EU) No 1308/2013,] Producers referred to in Article 2(3) shall submit each year a production declaration to the competent authorities in the Member States, in relation to the current wine year. Member States which have established an annually updated vineyard register or similar computerised administrative control instrument with which a link can be established between declarants, declared production and the vineyard parcels concerned, may exempt producers from the obligation referred to in Article 15(2)(e) of Implementing Regulation (EU) 2015/560. In such cases the competent authorities of the Member States shall themselves complete the declarations by indicating the area on the basis of the data in the vineyard register. 2. Exemption from the obligation to submit a production declaration shall be granted to harvesters belonging to or associated with a cooperative winery or group that is required to submit a declaration, as regards their production of grapes or must delivered to that winery or group [but reserve the right to obtain by winemaking a quantity of less than 10 hectolitres for their family consumption]. 3. Member States which are not obliged to maintain an updated vineyard register in accordance with Article 145(1) of Regulation (EU) No 1308/2013 may exempt operators established in their territory from applying the obligation referred to in paragraph 1. Article 23 [ex-articles 11,14] Stock declarations 1. [In accordance with Article 223(2) of Regulation (EU) No 1308/2013,] Stock holders referred to in Article 2(h) shall submit each year a stock declaration of wine and must which they hold at 31 July to the competent authorities in the Member States. 2. Member States which are not obliged to maintain an updated vineyard register in accordance with Article 145(1) of Regulation (EU) No 1308/2013 may exempt operators established in their territory from applying the obligation referred to in paragraph 1. EN 17 EN
Article 24 [ex-article 20] General provision The rules laid down in this Chapter shall not affect any provisions of Member States on the vineyard register or harvest, production or stock declarations which provide for the supply of more comprehensive information. CHAPTER VII CONTROL BODIES, ADMINISTRATIVE COOPERATION AND MUTUAL ASSISTANCE Article 25 Provision applying to accompanying documents, inward and outward register and certification 1. [In accordance with Article 89(5) of Regulation (EU) No 1306/2013], in order to protect the identity, provenance and quality of Union wines as well as other grapevine products checks shall be conducted in the Member State in which production took place, without prejudice to random or risk based analyses checks in the Member State of dispatch. 2. In accordance with Article 90(3) of Regulation (EU) No 1308/2013, the checks of Third countries wines as well as other grapevine products shall be conducted in the Member State of entry in the territory of the Union on the basis of the VI-1 certificate referred to in Article 15. 3. The checks referred to in paragraph 1 and 2 and the administrative and, where applicable, on-the-spot checks shall be made in accordance with Chapter [ ] of Implementing Regulation (EU) [ ]. Article 26 [ex Article 82 R.555/2008] Control authorities, liaison body and bodies in charge of certification and checks 1. In accordance with Article 146 of Regulation (EU) No 1308/2013, Member states' shall designate the bodies in charge of administrative certification procedure referred to in Article 14 and the bodies in charge of the checks related to registers and accompanying documents as referred to in Articles 9 and 16 by précising each of their specific competence. Where a Member State designates several competent bodies in accordance with the first subparagraph, it shall coordinate the work of those bodies. Each Member State shall designate a single liaison body responsible for contacts with the liaison bodies of other Member States and with the Commission. In particular, the liaison body shall receive and forward requests for administrative assistance and shall represent its Member State vis-à-vis other Member States, Third countries or the Commission, in accordance with Chapter [ ] of Implementing Regulation (EU) [ ]. 2. In view of making possible the use of wine certificates issued by Third countries in accordance with Article 90(3) of Regulation (EU) No 1308/2013, control authorities of the Third countries concerned shall designate the bodies in charge of controls related to grapevine products' certificates and analysis reports. EN 18 EN
Each Third country shall designate a single liaison body responsible for contacts with the liaison bodies of Member States and with the Commission. In particular, the liaison body shall receive and forward requests for administrative assistance and shall represent its Country vis-à-vis the Commission and the Member States, in accordance with Chapter [ ] of Implementing Regulation (EU) [ ]. Article 27 [ex 95 bis R.555/2008] Coordination of checks and access to information 1. With respect to checks relating to consignments carried out under cover of the accompanying documents indicated in Article 11 [ex Article 24(1)(i) of Commission Regulation (EC) No 436/2009], Member States, shall give the competent bodies designated under Article 26 [ex Article 82(1) of R.555/2008] of this Regulation access to the information held in the computerised system referred to in Article 21 of Council Directive 2008/118/EC and on the movements of wine products circulating under the arrangements laid down in Chapter IV of that Directive. 2. With respect to controls on consignments carried out under cover of the accompanying documents indicated in Article 11 [ex Article 24(1)(i) of Commission Regulation (EC) No 436/2009], Member States, shall give the competent bodies designated under Article 26 [ex Article 82(1) of R.555/2008] of this Regulation access to the information held in the information systems set up to control the movements of wine products other than those referred to in the first paragraph of this Article. 3. The information held pursuant to paragraphs 1 and 2 may only be used, for the purposes of this Regulation, in relation to the checks laid down in the rules on the wine sector. Article 28 Cooperation and mutual assistance [include partially articles 84 to 86 R.555/2008] CHAPTER VIII NOTIFICATIONS and ACCESS RIGHTS Article 29 Nature and type of information to be notified In accordance with Article 223(2) of Regulation (EU) No 1308/2013, Member States shall notify the Commission in accordance with Chapter [ ] of Implementing Regulation (EU) [ ], of: The implementation rules they have adopted in accordance with Article 120(2) of Regulation (EU) No 1308/2013 and this Regulation; Name and addresses of competent authorities and bodies referred to in Articles 90(3) of Regulation (EU) N) 1308/2013 and Article 26 of this regulation; Name and addresses of competent authorities and bodies responsible for the granting of authorisations for vine plantings, and for those responsible for maintaining a vineyard register with updated information regarding the production potential; EN 19 EN
(d) [ ] Article 30 Access rights to the information notified [ ] Article 31 Conditions of publication of information notified [ ] Article 32 [ ] CHAPTER IX AMENDMENTS AND TRANSITIONAL AND FINAL PROVISIONS Article [ ] Amendments to Regulation (EC) No 555/2008 Article [ ] Repeal of Delegated Regulation (EU) 2015/560 Article [ ] Entry into force This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, For the Commission The President EN 20 EN
ANNEX I [same as in Annex I of Delegated Regulation (EU) 2015/560] ANNEX II [same as in Annex II of Delegated Regulation (EU) 2015/560] EN 21 EN
ANNEX III Minimum information contained in the vineyard register and the specifications relating to this information as referred to in Article 8(1) 1. WINE GROWER FILE 1.1. Identification and location (1) Identity of the wine grower (compatible with the single system to record the identity of each beneficiary referred to in Article 68(1)(f) of Regulation (EU) No 1306/2013, and with the statistical registers held by the Member State). (2) List and location of all the vineyard parcels which are not considered to contain only abandoned wine-growing areas (identification compatible with the identification system for agricultural parcels referred to in Articles 68(1) and 70(1) of Regulation (EU) No 1306/2013). (3) Authorisations applied for, granted or refused, and respective specific area (information compatible with the notifications referred to in Article 11(2) and related Annexes of Implementing Regulation (EU) 2015/560). (4) Planting rights held (per type) until the deadline for conversion into authorisations as decided by Member States (information compatible with the notification to be made by 1 March 2016 referred to in Article 74 and in Table 15 of Annex XIII of Regulation (EC) No 555/2008). 1.2. Characteristics of the area(s) planted with vines on the vineyard parcels This information in relation to each vineyard parcel shall be shown separately in the wine grower file. However, when possible because of the uniform nature of the vineyard parcels, the information may relate to a set of several adjacent parcels or part(s) of adjacent parcel(s) provided that identification of each parcel is still guaranteed. (1) Identification of the vineyard parcel: the identification system for vineyard parcels should be established on the basis of maps, land registry documents or other cartographic references. Use shall be made of computerised geographical information system techniques, including aerial or spatial orthoimagery, with a homogenous standard that guarantees a level of accuracy that is at least equivalent to that of cartography at a scale of 1:5 000 (or 1:10 000 where they were acquired on the basis of long term contracts that were agreed before November 2012), while taking into account the outline and condition of that parcel. This shall be fixed in accordance with existing Union standards. (2) Area of the vineyard parcel In cases where vines are grown in association with other crops: Total area of the parcel concerned; Area planted with vines expressed in terms of pure crop (for the purposes of conversion, use should be made of appropriate coefficients determined by the Member State). EN 22 EN
(3) Area of the vineyard parcel or, where appropriate, area expressed in terms of pure crop, with the following breakdown concerning area(s) planted with vines (information compatible with the communication referred to in Article 11(1) and Annex II of Implementing Regulation (EU) xxxx/xxx, which is the basis for the calculation of the 1% referred to in Article 63(1) of Regulation (EU) No 1308/2013): (d) Area(s) planted with vines which are eligible for the production of wine with protected designation of origin (PDO); Area(s) planted with vines which are eligible for the production of wine with protected geographical indication (PGI): which are also eligible for the production of wine with PDO and wine without PDO/PGI which are only eligible for the production of wine with PGI and wine without PDO/PGI Area(s) planted with vines which are only eligible for the production of wine without PDO/PGI but situated in a PDO/PGI geographical area of production; Area(s) planted with vines which are only eligible for the production of wine without PDO/PGI and situated outside of a PDO/PGI geographical area of production. (4) Area(s) benefiting from the following exemptions to the scheme of authorisations for vine plantings: Areas planted or replanted for experimental purposes (including those with wine grape varieties not classified in accordance with Article 81 of Regulation (EU) No 1308/2013); Areas planted or replanted for graft nurseries. (5) Area(s) planted with vines without an authorisation after 31 December 2015 and non-authorised areas grubbed up (information compatible with the communication referred to in Article 11(1)(e) and in Annex IV of Implementing Regulation (EU) xxxx/xxx). (6) Area(s) planted with vines without a planting right before 1 January 2016 and unlawful plantings grubbed up (information compatible with the communications referred to in Article 58(2) and in Tables 3 and 7 of Annex XIII of Regulation (EC) No 555/2008). (7) Wine grape varieties cultivated, corresponding estimated areas and proportions in the vineyard parcel concerned, as well as the colour of the grape (information compatible with Regulation (EU) No 1337/2011). (8) Year of planting or, failing that, estimated age of the vineyard parcel concerned (information compatible with Regulation (EU) No 1337/2011). (9) Planted area which has been restructured or converted in accordance with Article 46 of Regulation (EU) No 1308/2013 (information compatible with the communications referred to in the tables in [Annexes IV and VI of Implementing Regulation (EU) 2016/ ]). EN 23 EN
(10) Planted area which has been the subject of green harvesting in accordance with Article 47 of Regulation (EU) No 1308/2013 (information compatible with the communications referred to in the tables in [Annexes IV and VI of Implementing Regulation (EU) 2016/ ]). The information referred to in points (9) and (10) should also include all the areas restructured or converted or subject to green harvesting in accordance with Articles 103q and 103r Council Regulation (EC) No 1234/2007 (information compatible with the communications referred to in the tables in annexes VII, VIIIa and VIIIb to Regulation (EC) No 555/2008). 1.3. Compulsory declarations (1) Harvest declaration, if applicable (information compatible with the harvest declarations referred to in Article 21). (2) Production declaration (information compatible with the production declarations referred to in Article 22). (3) Stock declaration (information compatible with the stock declarations referred to in Article 23). 2. PRODUCTION FILE 2.1. Identification and location Identity of any producer required to make the production declaration provided for in Article 22. 2.2. Compulsory declarations (1) Production declaration (information compatible with the production declarations referred to in Article 22). (2) Stock declaration (information compatible with the stock declarations referred to in Article 23). EN 24 EN
ANNEX IV Minimum information contained in the vineyard register and the specifications relating to this information as referred to in Article 7(2) 1. WINE GROWER FILE 1.1. Identification and location (1) Identity of the wine grower (compatible with the single system to record the identity of each beneficiary referred to in Article 68(1)(f) of Regulation (EU) No 1306/2013, and with the statistical registers held by the Member State). (2) List and location of all the vineyard parcels which are not considered to contain only abandoned wine-growing areas (identification compatible with the identification system for agricultural parcels referred to in Articles 68(1) and 70(1) of Regulation (EU) No 1306/2013). 1.2. Characteristics of the area(s) planted with vines on the vineyard parcel This information in relation to each vineyard parcel shall be shown separately in the wine grower file. However, when possible because of the uniform nature of the vineyard parcels, the information may relate to a set of several adjacent parcels or part(s) of adjacent parcel(s) provided that identification of each parcel is still guaranteed. (1) Identification of the vineyard parcel: the identification system for vineyard parcels should be established on the basis of maps, land registry documents or other cartographic references. Use shall be made of computerised geographical information system techniques, including aerial or spatial orthoimagery, with a homogenous standard that guarantees a level of accuracy that is at least equivalent to that of cartography at a scale of 1:5 000 (or 1:10 000 where they were acquired on the basis of long term contracts that were agreed before November 2012), while taking into account the outline and condition of that parcel. This shall be fixed in accordance with existing Union standards. (2) Area of the vineyard parcel In cases where vines are grown in association with other crops: Total area of the parcel concerned; Area planted with vines expressed in terms of pure crop (for the purposes of conversion, use should be made of appropriate coefficients determined by the Member State). (3) Area of the vineyard parcel or, where appropriate, area expressed in terms of pure crop, with the following breakdown concerning area(s) planted with vines (information compatible with the communication referred to in Article 11(1) and Annex II of Implementing Regulation (EU) xxxx/xxx, which is the basis for the calculation of the 1% referred to in Article 63(1) of Regulation (EU) No 1308/2013): EN 25 EN