Delegated regulation 2018/273 - Supplement to Regulation 1308/2013 as regards the scheme of authorisations for vine plantings, the vineyard register, accompanying documents and certification, the inward and outward register, compulsory declarations, notifications and publication of notified information, and supplementing Regulation 1306/2013 as regards the relevant checks and penalties - Main contents

EN

Official Journal of the European Union

L 58/1

Regulation (EU) No 1308/2013 has repealed and replaced Council Regulation (EC) No 1234/2007 (3). Chapter III of Title I and Section 2 of Chapter II of Title II of Part II of Regulation (EU) No 1308/2013 contain rules as regards the scheme of authorisations for vine plantings and its management, the vineyard register, accompanying documents and certification, inward and outward register, and communication requirements in the wine sector and empower the Commission to adopt delegated and implementing acts in that respect. Those acts should replace the relevant provisions of Commission Regulations (EC) No 555/2008 (4) and (EC) No 436/2009 (5), as well as some provisions of Commission Regulations (EC) No 606/2009 (6) and (EC) No 607/2009 (7) concerning certification of varietal wines and administrative rules relating to inward and outward registers. In the interest of simplification, the new delegated act should also incorporate the provisions of Commission Delegated Regulation (EU) 2015/560 (8).

In the interest of legal certainty, certain terms used in this Regulation and in Commission Implementing Regulation (EU) 2018/274 (9) should be defined. It is appropriate to define the different types of vine areas and operators in relation to the specific rights and requirements provided for each of them in both Regulations.

Article 62 of Regulation (EU) No 1308/2013 lays down the general requirement for the Member States to grant an authorisation for vine plantings upon submission of an application by producers intending to plant or replant vines. However, pursuant to paragraph 4 of that Article, certain areas are exempted from the scheme of authorisations. It is necessary to lay down rules on the conditions for the application of that exemption. The areas intended for experimental purposes or for graft nurseries should only be used for the specified purposes in order to avoid the circumvention of the new scheme. Grapevine products made from such areas should not be marketed unless Member States consider that there are no risks of market disturbance. Existing wine-growing experiments and graft nurseries should be allowed to continue under the rules applicable to them before the entry into force of Delegated Regulation (EU) 2015/560. In order to guarantee that areas whose wine or vine products are intended solely for the consumption by the winegrower's household do not contribute to market disturbances, it is appropriate to lay down a size limit and make the exemption subject to the condition that the winegrower is not involved in commercial wine production. For the same reason, such exemption should also be extended to organisations without a commercial activity. In respect of areas established by a producer having lost a certain area planted with vines due to compulsory purchases in the public interest under national law, a condition as regards the maximum surface of the new area should be laid down, so as to avoid undermining the general objectives of the scheme of authorisations for vine plantings.

Article 64(1) and (2) of Regulation (EU) No 1308/2013 lays down rules concerning the granting of authorisations for new plantings and sets out eligibility and priority criteria that Member States may apply. Specific conditions associated to some of the eligibility and priority criteria should be laid down in order to establish a level playing field for their implementation and to avoid the circumvention of the system of authorisations by producers being granted authorisations. In addition, the three additional criteria introduced by Delegated Regulation (EU) 2015/560 should be maintained: an eligibility criterion on the misappropriation of reputation of protected geographical indications; a priority criterion favouring those producers that comply with the rules of the scheme and do not have abandoned vineyards in their holding; and a priority criterion favouring non-profit organisations with a social purpose having received lands confiscated in case of terrorism and other types of crime. The eligibility criterion responds to the need of protecting the reputation of specific geographical indications in a similar manner as the reputation of specific designations of origin, ensuring that they are not threatened by new plantings. The first priority criterion favours certain applicants on the basis of their background that shows their respect for the rules of the authorisations scheme and that they are not applying for authorisations for new plantings while having areas planted with vines out of production which could generate authorisations for replanting. The second priority criterion aims at favouring non-profit organisations with a social purpose having received lands confiscated in case of terrorism and other types of crime, in order to promote the social use of land that could risk otherwise being out of production.

Taking into account Article 118 of Regulation (EU) No 1306/2013 and in order to address natural and socioeconomic differences and different growth strategies by the economic actors in those different areas within a particular territory, Member States should be permitted to apply the eligibility criteria and priority criteria referred to in Article 64(1) and (2) of Regulation (EU) No 1308/2013, as well as the three additional eligibility and priority criteria, differently at regional level, for specific areas eligible for a protected designation of origin (‘PDO’), for specific areas eligible for a protected geographical indication (‘PGI’) or for areas without a geographical indication. Such differences in the application of those criteria in the different areas of a particular territory should always be based on the differences between those areas.

In order to respond to cases of circumvention not anticipated by this Regulation, Member States should adopt measures to avoid the circumvention of eligibility or priority criteria by applicants of authorisations where their actions are not already covered by the specific anti-circumvention provisions laid down in this Regulation with regard to the specific eligibility and priority criteria.

Article 66(2) of Regulation (EU) No 1308/2013 provides for the possibility of co-existence of vines that the producer has undertaken to grub up with newly planted vines. In order to prevent irregularities, Member States should have the possibility to ensure by the appropriate means that the undertaking to grub up is carried out, including the requirement to lodge a security accompanying the granting of an authorisation for anticipated replanting. In addition it is necessary to specify that in case the grubbing up is not carried out within the 4-year deadline set out in that provision, the vines planted in the pledged area are to be considered as non-authorised.

Article 66(3) of Regulation (EU) No 1308/2013 allows Member States to restrict the replanting in areas eligible for the production of wines with protected designations of origin or protected geographical indications, on the basis of a recommendation from recognised and representative professional organisations. The grounds or reasons for such decisions of restriction should be defined in order to clarify the limits of their scope, while ensuring the coherence of the scheme and avoiding its circumvention. It should be ensured that the automaticity in granting authorisations for replantings established in Article 66(1) of Regulation (EU) No 1308/2013 does not hinder the possibility of Member States to limit the issuing of authorisations for specific areas in accordance with Article 63(2)(b) and (3) of that Regulation. Nevertheless it should be clarified that certain specific cases may not be considered as a circumvention of the scheme.

Article 145 of Regulation (EU) No 1308/2013 provides that certain Member States are to keep a vineyard register containing up-to-date information about the production potential. The details of the information to be included in the vineyard register should be laid down in this Regulation.

Pursuant to Article 147(1) of Regulation (EU) No 1308/2013, wine products may be put into circulation within the territory of the Union only with an officially authorised accompanying document. Rules on the use of that accompanying document should be laid down.

Experience in Member States has shown that the scope of the exemptions from the obligation of transporting wine products with an accompanying document may cover wider distances and a wider range of operations, thus facilitating wine movements, without preventing a satisfactory level of traceability of wine products. In particular, grape juice and must falling within CN codes 2009 61 and 2009 69 delivered to operators not involved in winemaking should also be exempted since those operators are not subject to control by the authorities in charge of the wine sector and the traceability of those products can be ensured by means of a commercial document.

Council Directive 2008/118/EC (10) contains harmonised arrangements for certain excise goods, including certain alcoholic beverages, and provides for an electronic administrative document and other documents that must accompany consignments of such goods. With a view to establishing uniform rules applicable within the Union and simplifying administrative formalities for operators, it is appropriate to provide that documents accompanying consignments of wine products for the purpose of applying excise rules are also considered as recognised accompanying documents within the meaning of Regulation (EU) No 1308/2013.

Taking into account Article 40 of Directive 2008/118/EC and in order to accelerate the administrative formalities for operators and present higher guarantees of reliability for the certification and traceability of wine products, the use of a simplified information system for issuing electronic accompanying documents put in place by the Member States providing the use of a commercial document containing at least the details necessary for identifying the product and for tracking its movement should be recognised as regards consignments of wine products from small producers and consignments of wine products not subject to excise duty. However, in order to allow the Member States that do not use yet such an information system to set it up, a transitional period should be provided during which both paper and electronic accompanying documents may be used.

Taking into account Article 30 of Directive 2008/118/EC, Member States should be allowed to use simplified procedures and documents that enable them to monitor the movement of wine products carried out exclusively on their territory.

The accompanying documents may also serve to certify certain characteristics of wine products in general and their vintage year or wine grape varieties and their PDO or PGI in particular. In order to ensure equal treatment of all operators, this Regulation should lay down the conditions under which the accompanying documents can be used for the purpose of such certification. In order to simplify administrative formalities for operators and to remove the burden of routine tasks from the competent authorities, provision should be made for the latter to authorise consignors to fill in and self-certify in the accompanying documents the origin or provenance and characteristics of the wine products, the vintage year or the grape variety(ies) from which the products are produced and the PDO or PGI of the wine.

Where specific certificates concerning the characteristics of the wine products have to be provided by operators at the request of third countries, this Regulation should offer the possibility to use a certification for exported wine products and provide for the conditions for its authenticity and use.

In addition to the accompanying documents, supplementary documents, such as export declarations, are required by the customs rules as proof of export of wine products. Additional procedures should therefore be laid down for drawing up and validating those documents in accordance with the rules laid down in or under Regulation (EU) No 952/2013 of the European Parliament and of the Council (11).

Wine products transported in bulk are more susceptible to fraudulent practices than labelled bottled products fitted with a non-reusable closing device. Therefore, prior information of the competent authority at the place of loading on the details included in the accompanying document should be required for such consignments, unless an information system is used allowing the competent authority at the place of unloading to be informed of those details.

To facilitate checks by the competent authorities of transports of consignments of third country products released into free circulation or of Union products that were initially exported and then reimported into the Union, a reference to the documents used for the release into free circulation or, in the case of products originating in the Union, to the accompanying document issued for the initial dispatch or other accepted document proving the origin of the products should be required on the documents accompanying the consignments of such products after release into free circulation.

In the interest of legal certainty, rules should be laid down to harmonise the action to be taken by the consignee in case of refusal of a product transported under cover of an accompanying document and to specify under the cover of which accompanying document the product may subsequently be transported.

To address cases where the competent authority finds or has a justified reason to suspect that a serious infringement of Union or national rules in the wine sector as regards the transport of wine products under the cover of accompanying documents or the production conditions or composition of such products has been committed by a consignor and with a view to enabling the competent authorities to monitor the subsequent movement or to decide on the future use of the product in question, it is appropriate to lay down detailed provisions regarding the procedure that may be required by the competent authority as regards the accompanying documents and the exchange of information and mutual assistance between competent authorities in such instances.

In order to ensure a deterrent effect or to restore legality in the event of non-serious infringements relating to accompanying documents for transports of wine products, rules should be laid down that enable the competent authority that discovered the irregularities to take appropriate measures to regularise such transport or to take proportionate measures in respect of the irregularities, including a ban on the marketing of the products in question, and to inform the competent authority at the place of loading.

In the interest of legal certainty, it is appropriate that rules relating to cases of force majeure or to unforeseen incidents in the course of transport are provided so that the carrier is aware of what is required to regularise the transport operation in question.

Article 90 of Regulation (EU) No 1308/2013 provides that the imported wine products covered by that Article are to be accompanied by a certificate drawn up by a competent body in the product's country of origin and an analysis report drawn up by a body or department designated by the third country of origin. In order to reduce the number of documents required for imports into the Union and facilitate checks by the competent authorities of the Member States, that certificate and that analysis report should be combined to be integrated in one single document, the VI-1 document. With a view to ensuring legal certainty and facilitating trade, provision should be made for such document to be regarded as certifying the characteristics of the wine product, the vintage year or grape variety(ies) or a PDO or PGI.

For the sake of harmonisation and to alleviate the administrative burden both for operators and Member States, the exemptions from the requirement to present a VI-1 document for wine products being imported into the Union should be brought in line with the exemptions applicable to documents accompanying consignments of wine products after their release into free circulation within the Union, with the Union system of reliefs from customs duty laid down in Council Regulation (EC) No 1186/2009 (12) and with exemptions stemming from specific conventions on diplomatic relations concluded with third countries.

In order to allow the competent authorities of the Member States to apply harmonised procedures and use the same type of document no matter the Member State of destination of the imported products, a specimen of the VI-1 document and its extract, the VI-2 extract, should be provided, as well as details relating to the procedure to be followed for their issuing.

Rules for the use of the VI-1 document and of the VI-2 extract should be laid down to ensure that all parties concerned follow the same procedure to release a consignment into free circulation. Taking into account the commercial practice, it should be clarified that where a consignment of wine is split up, competent authorities should be empowered to have extracts of the VI-1 document drawn up under their supervision to accompany each new consignment resulting from the splitting.

With a view to facilitating trade and simplify indirect imports, it is appropriate to lay down rules specifying the cases where no further analyses are required for imports from a third country other than the country of origin of the wine product.

With a view to addressing the particularities of specific wines such as liqueur wines and wines fortified for distillation as well as wines bearing a geographical indication, rules should be laid down in relation to the use of the VI-1 document for consignments of such wines. In order to alleviate the task of the exporters and the authorities, presenting the VI-1 document should be enough to certify the geographical indication or vinous origin of the alcohol added to liqueur wines or wines fortified for distillation, provided certain conditions are fulfilled.

With a view to facilitating trade with third countries that concluded agreements with the Union which include clauses concerning closer cooperation on the prevention of fraud and that maintain good trade relations with the Union, it is appropriate to authorise producers in those countries to issue VI-1 documents themselves and to consider those documents as documents issued by competent bodies of, or bodies or departments designated by, the third countries as referred to in Article 90 of Regulation (EU) No 1308/2013, in a manner similar to that already allowed for wines of Union origin.

Taking into account the development of computerised systems in the wine sector and in order to facilitate the monitoring of the movements and checks of wine products, it is appropriate to authorise also the use of computerised systems and electronic documents to be issued by competent bodies of third countries or directly by the operators in third countries under supervision of their competent authorities. Nevertheless, the use of computerised systems should be subject to the respect of certain minimum conditions and to the recognition by the Union that the system of checks established in a third country offers sufficient guarantees as regards the nature, the origin and the traceability of the wine products imported in the Union from that third country. It is therefore necessary to lay down those minimum conditions. In order to simplify and accelerate procedures for both operators and competent authorities for issuing VI-2 extracts, it is appropriate to allow the Member States' authorities to issue such extracts by means of computerised systems, according to procedures to be established by them.

Under Article 147(2) of Regulation (EU) No 1308/2013, natural or legal persons who hold wine products are to keep an inward and outward register in respect of those products. However, for certain operators whose stocks or sales do not exceed certain thresholds or who sell only in their premises, keeping a register would constitute a disproportionate burden. Therefore, they should be exempted from this obligation. Member States should keep a list of those operators obliged to keep an inward and outward register for transparency and control purposes. Also, in order to ensure the traceability and the monitoring of the movement and stocking of wine products, rules should be laid down concerning the need of a separate register for each undertaking, details on how to keep it as well as the operations to be recorded in the register.

This Regulation should provide common rules applicable to all operators. With a view to facilitating checks, Member States should nevertheless be able to establish complementary rules on registration particulars concerning certain products or operations to be included in the register and to require operators to notify certain treatments to be recorded in the register. However, since those notifications could cause disproportionate administrative burdens for certain operators, it is justified to restrict the possibility of Member States to require such notifications.

In order to facilitate the collection of market information data for monitoring and market management while limiting the administrative burden, provisions should be laid down to ensure that production and stock declarations are submitted by the operators concerned established in Member States which are obliged to maintain a vineyard register. However, Member States which are not obliged to maintain a vineyard register should be given the possibility to require such declarations. In order to avoid the duplication of data, those Members States that have implemented a vineyard register containing annually updated information on the area planted with vines in relation to each winegrower should be able to exempt operators from declaring the area in the production declarations.

With the aim of improving traceability and market management, Member States should be allowed to collect complementary data regarding the production of grapes and must intended for winemaking. For this purpose Member States should be allowed to require harvest declarations.

With the aim of improving traceability and market management, Member States should be allowed to collect data about operations that may take place between the actual harvest date and the dates for submission of the production and harvest declarations concerning the treatment or marketing of the harvested grapes and resulting must or grape juice.

For the sake of improved transparency and market management, the rules laid down in this Regulation should not impede Member States from requesting more comprehensive information. In addition, in cases of absence of production or stocks, Member States should be allowed to exempt operators from submitting declarations.

For the purposes of Article 89 of Regulation (EU) No 1306/2013, uniform rules should be laid down on checks to be carried out in relation to the internal market. Therefore, the authorities responsible for monitoring the holding and marketing of wine products should be provided with the necessary instruments for carrying out effective checks in accordance with uniform rules applicable throughout the Union as regards the production potential, vineyard register, accompanying documents, certification and inward and outward register.

In order to guarantee the smooth operation of checks and sampling of grapes and wine products, provisions should be adopted to prevent parties subject to checks from obstructing those checks and to oblige them to facilitate sampling and provide the information required pursuant to this Regulation.

With a view to providing Member States with efficient tools to address the risk of fraudulent manipulation of wine, the analytical databank of isotopic data referred to in Article 89(5) of Regulation (EU) No 1306/2013 has been established at and is managed by the European reference centre for the control in the wine sector set up within the Joint Research Centre. The use of reference isotopic methods of analysis ensures effective checks relating to the enrichment of wine products or the discovery of the addition of water to such products. Along with other analytical techniques, the analytical data bank of isotopic data helps to verify conformity of wine products with the declared origin and variety. To this end, provisions should be laid down for the use of reference isotopic analysis methods and for the keeping and updating of the analytical databank.

Member States should ensure the effectiveness of the work of the authorities responsible for wine-sector checks. To that end, check operations should be coordinated between the competent authorities in Member States where several authorities are in charge of wine-sector checks and Member States should designate a single body responsible for liaison between them and with the Commission.

In order to facilitate checks throughout the Union, Member States should take the necessary steps to ensure that the officials of the competent authorities have adequate powers of investigation to guarantee compliance with the rules.

With a view to ensuring traceability of wine products and compliance with Union rules in the wine sector, coordination of checks and access to information by the competent authorities in the wine sector should be maintained. To fully meet this coordinated approach, the various authorities involved in the checks of wine products subject to excise duty should have access to the information on the movements of these products carried out under Directive 2008/118/EC and Regulation (EC) No 684/2009. For this purpose, it is appropriate that account be taken of the computerised system for the movement and surveillance of excisable products set up by Decision No 1152/2003/EC of the European Parliament and of the Council (13).

The interdependence of wine-sector markets and the trade between Member States and third countries calls for close cooperation between the various authorities responsible for checks. For the purpose of effective collaboration between the Member States in applying wine-sector rules, Member States' competent authorities should be able to liaise with competent authorities in another Member State. To this end, the rules governing mutual assistance on request should be laid down. With the aim of simplifying the administration of expenditure relating to the taking and dispatching of samples, analysis and organoleptic testing and employing the services of an expert, the principle should be established that such expenditure is to be borne by the competent authority of the Member State ordering the sampling or the services of an expert.

In order to enhance the effectiveness of mutual assistance of competent authorities, this Regulation should contain a provision on the conclusive force of the findings from checks carried out pursuant to this Regulation in a Member State different from the Member State where the check was carried out.

In order to combat fraud effectively, to avoid serious risks of fraud or to take appropriate action in cases of suspicion of or detected non-compliance of wine products with Union rules, the liaison bodies of the Member States concerned should be able to notify each other about such cases. For this purpose, the Member States concerned should use the information systems made available by the Commission.

Article 64 of Regulation (EU) No 1306/2013 provides for administrative penalties in cases of non-compliance in relation to eligibility criteria, commitments and other obligations resulting from the application of sectorial agricultural legislation. Pursuant to Article 71(4) of Regulation (EU) No 1308/2013 administrative penalties are to be provided for in relation to non-authorised plantings. In order to ensure the deterrent effect, Member States should be able to graduate those penalties according to the commercial value of the wines produced in the vineyards concerned. The minimum value of those penalties should correspond to the average yearly income per hectare of vine areas at Union level, measured in gross margin per hectare of vine areas. A progressive graduation should be established from this minimum value, depending on the time of non-compliance. Member States should also be given the possibility to apply higher minimum penalties to producers in a certain area, where the minimum value established at Union level represents less than the estimated average yearly income per hectare of the area concerned. Such increase in the minimum value of penalties should be proportional to the estimated average yearly income per hectare for the area where the non-authorised vine area is located.

In view of the need to ensure swift and effective protection of consumers, it is essential to provide for the possibility of suspending the use of the accompanying documents and certification procedures by operators found or suspected of non-compliance with the Union rules on production or transport of wine products or the use of simplified arrangements or electronic procedures for imports in the event of fraud or a health risk to consumers.

In order to ensure an effective application of this Regulation and a proper monitoring of the wine market, penalties with a deterrent effect to be applied by Member States according to the severity and reoccurrence of the non-compliance should be provided for cases where the obligations to keep the inward and outward register, submit declarations or make notifications are not respected.

In order to ensure fair treatment of operators, rules should be laid down for cases of obvious errors and exceptional circumstances.

In accordance with Article 223 of Regulation (EU) No 1308/2013, rules should be laid down on the notifications to be made to the Commission by Member States. To this end, it is appropriate to lay down the nature and type of the information to be provided and the conditions of publication of that information.

In order to facilitate the checking of the documents for the import of wine products issued by third countries, the Commission should list and make public the competent bodies, designated bodies or departments and authorised wine producers notified by third countries for the purpose of drawing up such documents. With a view to facilitating the communication and assistance requests between Member States and the Commission, on the one hand, and third countries, on the other hand, the liaison body designated in each third country to be in contact with the Commission and the Member States should also be made public by the Commission.

In order to ensure the quality of the wine products, provisions should be laid down for the implementation of the prohibition of over-pressing of grapes. The verification of the correct application of that prohibition requires an adequate monitoring of the by-products resulting from winemaking and their final use. To this end, rules on the minimum percentage of alcohol contained in the by-products after the pressing of grapes should be fixed, as well as on the conditions for the mandatory disposal of by-products held by any natural or legal persons or groups of persons, under the supervision of Member States' competent authorities. Since such conditions are directly connected with the winemaking process, they should be listed together with the oenological practices and applicable restrictions for the production of wine set out in Regulation (EC) No 606/2009. That Regulation should therefore be amended accordingly.

In the interest of clarity and legal certainty, the provisions of Regulations (EC) No 555/2008, (EC) No 606/2009 and (EC) No 607/2009 that are replaced by this Regulation and Implementing Regulation (EU) 2018/274 should be deleted. For the same reason, Regulation (EC) No 436/2009 and Delegated Regulation (EU) 2015/560 should be repealed,

the scheme of authorisations for vine plantings;

the vineyard register;

recognised accompanying documents, certification and rules for imports of wine;

the inward and outward register;

compulsory declarations;

checks and the analytical databank of isotopic data;

competent authorities and mutual assistance between them;

penalties;

notifications and publication of notified information.

‘winegrower’ means 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 of the Treaty on European Union in conjunction with Article 355 of the Treaty on the Functioning of the European Union, and who holds an area planted with vines where the produce of this area is used for the commercial production of wine products, or the area benefits from the exemptions for experimental purposes or for graft nurseries referred to in Article 3(2) of this Regulation;

‘wine products’ means the products listed in Part XII of Annex I to Regulation (EU) No 1308/2013, except wine vinegar falling within CN codes 2209 00 11 and 2209 00 19;

‘vineyard parcel’ means an agricultural parcel as defined in Article 67(4)(a) of Regulation (EU) No 1306/2013 planted with vines either aimed at the commercial production of wine products or benefitting from the exemptions for experimental purposes or for graft nurseries referred to in Article 3(2) of this Regulation;

‘abandoned wine-growing area’ means an area planted with vines which is no longer subject to regular cultivation with a view to obtaining a marketable product since more than five wine years, without prejudice to specific cases defined by the Member States, 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’ means 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 gathers the harvest of grapes from an area planted with vines in order to market those grapes for the production of wine products by third parties, or to process them into wine products in his holding, or have them processed on his behalf, with commercial purposes;

‘processor’ means 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 is carried out, the result of which being wines, liqueur wines, sparkling and semi-sparkling wines, aerated sparkling and semi-sparkling wines, quality sparkling wines or quality aromatic sparkling wines;

‘retailer’ means 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, 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 excluding persons who use cellars equipped for storing or facilities for bottling wine in large quantities, and those who engage in itinerant trading in wine transported in bulk;

‘bottling’ means putting up wine as a final product for commercial purposes in containers of a capacity not exceeding 60 litres;

‘bottler’ means 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, carrying out bottling of wine or having bottling carried out on his behalf;

‘merchant’ means 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, other than private consumers or retailers, who holds stocks of wine products with commercial purposes or is involved in their trade and possibly also bottles them, except distilleries;

‘wine year’ means the marketing year for the wine sector as referred to in Article 6(d) of Regulation (EU) No 1308/2013.

obtain an authorisation in accordance with Article 64 or 68 of Regulation (EU) No 1308/2013 for the area concerned, so that the grapes produced in that area and the wine products obtained from those grapes can be marketed; or

grub up such an area at his own cost in accordance with Article 71(1) of Regulation (EU) No 1308/2013.

such area does not exceed 0,1 ha;

the winegrower concerned is not involved in commercial wine production or in the commercial production of other wine products.

the specific area to be replanted is located in the same PDO or PGI area as the area grubbed up and the replanting of vines complies with the same PDO or PGI specification as the area grubbed up;

the replanting is aimed at the production of wines without a geographical indication provided that the applicant undertakes the same commitments as those laid down in point (2) of Sections A and B of Annex I to this Regulation in relation to new plantings.

wine products transported from the vineyard to the winemaking premises, between two premises of the same undertaking or between the premises belonging to a group of producers, without change of the owner, provided that the transport is effected for the purpose of winemaking, processing, storage or bottling, the total road distance does not exceed 70 km and the transport takes place exclusively within the territory of a single Member State or has been approved by the competent authorities of the Member States concerned;

grape marc and wine lees:

grape juice and must falling within CN codes 2009 61 and 2009 69 delivered to operators not involved in winemaking, where the product is accompanied by a commercial document;

wine products produced and transported exclusively within the territory of Member States that are not subject to the obligation to maintain a vineyard register in accordance with Article 145(1) of Regulation (EU) No 1308/2013;

the following cases of wine products transported exclusively within the territory of a Member State in containers of a nominal volume of not more than 60 litres:

for the wine products dispatched within a Member State or among Member States, without prejudice to point (b) of this subparagraph:

for wine products dispatched to a third country or to a territory referred to in Article 5(2) and (3) of Directive 2008/118/EC, one of the documents referred to in point (a)(i) or (iii).

by the date, the signature of an official of the competent authority and the stamp affixed by that official; or

by the date, the signature of the consignor and the affixing by the consignor, as appropriate:

the electronic administrative document or any other commercial document used in accordance with Article 21(6) of Directive 2008/118/EC or a document as referred to in Article 10(1)(a)(iii) of this Regulation, provided that the consignor or an authorised person acting on behalf of the consignor indicates the relevant information set out in Part I of Annex VI to this Regulation;

a specific certificate for export drawn up on the basis of the template provided for and the requirements set out in Part II of Annex VI to this Regulation.

products originating in the Union, of a quantity of more than 60 litres:

products not originating in the Union, of a quantity of more than 60 litres:

products, irrespective of their origin and the quantity transported, without prejudice to the exemptions referred to in Article 9:

the number of the VI-1 document or the reference to one of the documents referred in Articles 26 and 27;

the name and address of the body of the third country which completed the document referred to in point (a) or authorised its completion by a producer;

the date on which the document referred to in point (a) was completed.

the reference to the accompanying document referred to in point (b) of the first subparagraph of Article 10(1) of this Regulation, drawn up for the initial dispatch; or

the references to the other supporting documents produced by the importer evidencing the origin of the product and deemed satisfactory by the competent authority when released for circulation in the Union.

has the characteristics of a wine product in accordance with Union law or in compliance with a bilateral agreement in force between the Union and a third country;

was made from grapes of a specific vintage year or has been produced from the wine grape variety or varieties designated;

where applicable, complies with the specifications of the geographical indication in conformity with either the Agreement on trade-related intellectual property rights of the World Trade Organisation (‘TRIPS Agreement’), Union legislation on geographical indications or an agreement on recognition and protection of geographical indications between the Union and the third country from which the wine originates.

no VI-1 document needs to be presented for:

in the case of wine put up in labelled containers of a capacity not exceeding 60 litres, fitted with non-reusable closing devices, and provided that the wine originates in a country which has offered special guarantees accepted by the Union, as listed in Section A of Part IV of Annex VII, the analysis report section of the VI-1 document needs to be completed only in respect of:

the customs authorities shall endorse the back of both the original and the copy of the VI-1 document or the original and the copies of the VI-2 extract, return the original of the VI-1 document or the original and a copy of the VI-2 extract to the person concerned and keep a copy of the VI-1 document or of the VI-2 extract for at least five years;

where a consignment is to be reconsigned before entry into free circulation, the new consignor shall give the customs authorities supervising the consignment the VI-1 document and the VI-2 extract relating to that consignment or, where that consignment is covered by a VI-2 extract completed previously and a VI-2 extract completed consecutively, those two VI-2 extracts.

In case a VI-2 extract is given together with the VI-1 document, the customs authorities shall verify that the particulars entered on the VI-1 document correspond to those entered on the VI-2 extract. In case a VI-2 extract completed consecutively is given together with a VI-2 extract completed previously, the customs authorities shall verify that the particulars entered on that VI-2 extract completed previously correspond to those entered on the VI-2 extract completed consecutively and shall stamp the latter, which shall then be equivalent to the VI-2 extract completed previously.

The customs authorities shall endorse the back of both the original and the copy of the VI-1 document or of the VI-2 extract completed previously.

The customs authorities shall return the original of the VI-1 document and of any VI-2 extract to the new consignor and shall keep the copies for at least five years.

However, a VI-2 extract does not need to be completed where a consignment of a product is re-exported to a third country;

where a consignment is split before it enters into free circulation, the person concerned shall give the original and the copy of the VI-1 document or of the VI-2 extract completed previously relating to the consignment to be split to the customs authorities supervising that consignment, together with the original of the VI-2 extract completed consecutively for each new consignment and two copies of them.

The customs authorities shall verify that the particulars entered on the VI-1 document or on the VI-2 extract completed previously correspond to those on the VI-2 extract completed consecutively for each new consignment. If they correspond, the customs authorities shall stamp the latter, which shall then be equivalent to the VI-2 extract completed previously, and endorse the back of both the original and the copy of the VI-1 document or of the VI-2 extract completed previously. They shall return the original of the VI-2 extract completed consecutively together with the original of the VI-1 document or of the VI-2 extract completed previously to the person concerned and keep a copy of each of those documents for at least five years.

has been bottled and labelled in the country of origin and remains so; or

is exported in bulk from the country of origin and bottled and labelled in the exporting country without any further processing.

the full name and address of the issuing competent body;

the signature of an official of the competent body;

the competent body's stamp.

in box 1, their names and addresses and their registration numbers in the third countries listed in Section B of Part IV of Annex VII;

in box 9, the name and address of the competent body of the third country which authorised them;

in box 10, at least the particulars provided for in Article 21(b).

it offers sufficient guarantees as to the nature, the origin and the traceability of the wine products produced or traded on the territory of the third country concerned;

it guarantees access to the data held in the electronic system used with regard to the registration and the identification of operators, competent bodies and designated bodies or departments;

it guarantees the possibility to check the data referred to in point (b) within the framework of a mutual administrative cooperation.

operators who hold stocks of or offer for sale solely wine products in labelled containers of a nominal volume of 10 litres or less fitted with a non-reusable closing device, where the total quantity does not exceed 5 litres or 5 kilograms in the case of concentrated grape must, whether or not rectified, and 100 litres for all other products;

operators selling drinks for consumption only on the premises.

for the register to be kept at the registered place of business of the undertaking, where products are held in various stores belonging to the same undertaking and situated in the same local administrative unit or in local administrative units situated in the immediate vicinity of each other;

for the register to be kept by a specialist firm.

correction of the alcoholic strength of wine (Point 40 and Appendix 10 of Annex I A to Regulation (EC) No 606/2009) and reduction in sugar content of musts through membrane coupling (Point 49 and Appendix 16 of Annex I A to Regulation (EC) No 606/2009);

enrichment and sweetening (Parts I A and B of Annex VIII to Regulation (EU) No 1308/2013; Articles 11 and 12 and Annexes I D and II to Regulation (EC) No 606/2009);

acidification and de-acidification (Parts I C and D of Annex VIII to Regulation (EU) No 1308/2013; Article 13 and Points 12, 13, 46, 48 and 50 of Annex I A to Regulation (EC) No 606/2009);

treatment with charcoal for oenological use (Point 9 of Annex I A to Regulation (EC) No 606/2009);

treatment with potassium ferrocyanide (Point 26 of Annex I A to Regulation (EC) No 606/2009);

treatment by electrodialysis or by cation exchanger to ensure the tartaric stabilisation of the wine or acidification by cation exchanger treatment (Points 20, 36 and 43 of Annex I A to Regulation (EC) No 606/2009);

addition of dimethyldicarbonate (DMDC) to wine (Point 34 of Annex I A to Regulation (EC) No 606/2009);

use of oak chips in winemaking (Points 38 and Appendix 9 of Annex I A to Regulation (EC) No 606/2009);

experimental use of new oenological practices (Article 4 of Regulation (EC) No 606/2009);

the management of dissolved gas in wine using membrane contactors (Point 52 of Annex I A of Regulation (EC) No 606/2009);

treatment using a membrane technology coupled with activated carbon (Point 53 of Annex I A to Regulation (EC) No 606/2009);

use of polyvinylimidazole-polyvinylpyrrolidone copolymers (Point 54 of Annex I A to Regulation (EC) No 606/2009);

use of silver chloride (Point 55 of Annex I A to Regulation (EC) No 606/2009).

blending and coupage, as provided for in Articles 7 and 8 of Regulation (EC) No 606/2009;

bottling;

production of all categories of sparkling wine, semi-sparkling wine and aerated semi-sparkling wine;

production of liqueur wine;

production of concentrated grape must, whether or not rectified;

production of fortifying wine for distillation;

processing into any other product categories, such as aromatised wine.

products in labelled containers of a nominal volume of 10 litres or less fitted with a non-reusable closing device as referred to in Article 28(1)(a), to be released to the market on their territory;

certain categories of products referred to in Article 14(1)(a) of Implementing Regulation (EU) 2018/274;

certain operations referred to in Article 29.

may not impede their collection in any way; and

shall provide those officials with all the information required under this Regulation or under Implementing Regulation (EU) 2018/274.

have access to vineyards, winemaking and storage installations, installations for processing wine-sector products and vehicles for transporting those products;

have access to the commercial premises or warehouses and vehicles of anyone holding with a view to sale, marketing or transporting wine-sector products or products which may be intended for use in the wine sector;

may undertake an inventory of wine-sector products and substances or products which may be used for the preparation of such products;

may take samples of wine-sector products, substances or products which may be used for the preparation of such products and products held with a view to sale, marketing or transport;

may study accounting data and other documents of use in control procedures, and make copies or extracts thereof;

may take appropriate protective measures regarding the preparation, holding, transport, description, presentation and marketing of a wine-sector product or a product intended for use in the preparation of such a product, if there is reason to believe that there has been a serious infringement of Union legislation, especially in the case of fraudulent treatment or risks to health.

either to obtain, on the premises of the competent authorities of the Member State in which the requested authority is established, information on the application of the relevant provisions on wine products of Regulation (EU) No 1308/2013, this Regulation and Implementing Regulation (EU) 2018/274 or on checks relating thereto, including the making of copies of transport and other documents or extracts from registers;

or to be present during checks requested under paragraph 2, after informing the requested authority in good time before the start of those checks.

produce a written order indicating their identity and official position;

without prejudice to the limits imposed by the Member State of the requested authority on its own officials in carrying out the checks in question, have:

EUR 6 000 per hectare, if the producer grubs up the totality of the non-authorised planting within the four months from the date on which he is notified of the irregularity, as referred to in Article 71(2) of Regulation (EU) No 1308/2013;

EUR 12 000 per hectare, if the producer grubs up the totality of the non-authorised planting during the first year following the expiry of the 4-month period;

EUR 20 000 per hectare, if the producer grubs up the totality of the non-authorised planting after the first year following the expiry of the 4-month period.

where the dates referred to in Articles 22, 23 and 24 of Implementing Regulation (EU) 2018/274 are exceeded, but by not more than 15 working days, only administrative penalties referred to in paragraph 2 of this Article shall be applied;

where the information contained in the declarations referred to in paragraph 1 are deemed to be incomplete or inaccurate by the competent authorities of the Member States, and where knowledge of the missing or inaccurate information is essential for the proper application of the support measures provided for in Articles 47 and 50 of Regulation (EU) No 1308/2013, the support to be paid shall be reduced proportionately by an amount set by the competent authority depending on the seriousness of the infringement.

the laws, regulations or administrative provisions they have adopted pursuant to Article 120(2)(a) of Regulation (EU) No 1308/2013, this Regulation and Implementing Regulation (EU) 2018/274;

name and address of competent authorities responsible for carrying out official analyses, the administrative certification procedure and checks related to registers and accompanying documents;

name and address of competent authorities responsible for the granting of authorisations for vine plantings, and of those responsible for maintaining and updating a vineyard register and for submitting an updated inventory of the production potential;

the thresholds referred to in points (1) and (2) of the first paragraph of Section H of Annex II;

the measures they have taken to implement Chapter VII, where notification of those measures is relevant for the cooperation between Member States, and the name and address of the liaison body designated by each Member State;

the conditions that they apply with respect to drawing up the accompanying documents referred to in points (a)(iii) and (b) of the first subparagraph of Article 10(1);

the wine grape varieties concerned by the application of Article 81 and Article 120(2)(b) of Regulation (EU) No 1308/2013.

name and address of competent bodies in the product's country of origin responsible for issuing VI-1 documents;

name and address of bodies or departments designated by the country of origin or, where non-existent in the country of origin, an already authorised laboratory outside the product's country of origin, for the purpose of filling-in the analysis report section of VI-1 documents;

name, address and official registration number of the wine producers and processors authorised by the product's country of origin to draw up VI-1 documents;

name and address of a single liaison body designated in each third country to receive and forward requests for administrative assistance and to represent its country vis-à-vis the Commission and the Member States.

Articles 1, 21, 22 and 23, 38 to 54, 74, 83 to 95a and 98 to 102 are deleted;

Annexes IX to XIII and XVI to XXI are deleted.

Articles 12 and 13 are deleted;

The following Articles 14a and 14b are inserted:

‘Article 14a

Fixing a minimum percentage of alcohol for by-products

• 1. 

  Subject to point 1 of Section D of Part II of Annex VIII to Regulation (EU) No 1308/2013, Member States shall fix a minimum percentage for the volume of alcohol that must be contained in the by-product, after its separation from wines, in relation to that contained in the wine produced. Member States may modulate that minimum percentage on the basis of objective and non-discriminatory criteria.

• 2. 

  Where the relevant percentage fixed by Member States pursuant to paragraph 1 is not reached, the operator concerned shall deliver a quantity of wine from his own production that corresponds to the quantity needed to reach the minimum percentage.

• 3. 

  For the purpose of determining the volume of alcohol contained in the by-products in relation to that contained in the wine produced, the standard wine natural alcoholic strengths by volume to be applied in the different wine-growing zones shall be:

Article 14b

Disposal of by-products

• 1. 

  Producers shall withdraw the by-products of winemaking or of any other processing of grapes under supervision by the competent authorities of the Member States, subject to the requirements on delivery and registration laid down in Article 9(1)(b) of Commission Delegated Regulation (EU) 2018/273 (*1) and Article 14(1)(b)(vii) and Article 18 of Commission Implementing Regulation (EU) 2018/274 (*2), respectively.

• 2. 

  Withdrawal shall be carried out without delay and no later than at the end of the wine year in which the by-products were obtained, in compliance with applicable Union legislation, in particular as regards the environment.

• 3. 

  Member States may decide that producers who, during the wine year in question, do not produce more than 50 hectolitres of wine or must themselves on their own premises are not required to withdraw their by-products.

• 4. 

  Producers may fulfil the obligation of disposal for all or a part of the by-products of winemaking or any other processing of grapes by delivering the by-products to distillation. Such disposal of the by-products shall be certified by a competent authority of the Member State.

• 5. 

  Member States may decide that the delivery to distillation of all or a part of the by-products of winemaking or of any other processing of grapes is made compulsory for all or certain producers on their territory on the basis of objective and non-discriminatory criteria.

(*1)  Commission Delegated Regulation (EU) 2018/273 of 11 December 2017 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the scheme of authorisations for vine plantings, the vineyard register, accompanying documents and certification, the inward and outward register, compulsory declarations, notifications and publication of notified information, and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the relevant checks and penalties, amending Commission Regulations (EC) No 555/2008, (EC) No 606/2009 and (EC) No 607/2009 and repealing Commission Regulation (EC) No 436/2009 and Commission Delegated Regulation (EU) 2015/560 (OJ L 58, 28.2.2018, p. 1)."

(*2)  Commission Implementing Regulation (EU) 2018/274 of 11 December 2017 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the scheme of authorisations for vine plantings, certification, the inward and outward register, compulsory declarations and notifications, and of Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the relevant checks, and repealing Commission Implementing Regulation (EU) 2015/561 (OJ L 58, 28.2.2018, p. 60).’"

the area(s) to be newly planted is/are intended for the production of wines with the specific PDO of the area concerned; or

where the area(s) to be newly planted is/are not intended for the production of wines with the specific PDO, the applicant shall undertake the following commitments:

the area(s) to be newly planted is/are intended for the production of wines with the specific PGI of the area concerned; or

where the area(s) to be newly planted is/are not intended for the production of wines with the specific PGI, the applicant shall undertake the following commitments:

(1)

Legal persons, irrespective of their legal form, shall be considered to comply with this criterion, if one of the following conditions is met:

The conditions laid down in points (a) and (b) shall apply mutatis mutandis in respect of a group of natural persons regardless the legal status granted to such a group and its members by national law.

(2)

Member States may decide to add the additional condition that the applicant shall be a natural person who is no more than 40 years of age in the year of submission of the application (‘young producer’).

Legal persons referred to in point (1) shall be considered to comply with the additional condition referred to in the first subparagraph of this point, if the natural person referred to in points (1)(a) and (b) is no more than 40 years of age in the year of submission of the application.

The conditions laid down in the second subparagraph shall apply mutatis mutandis in respect of a group of natural persons referred to in the second subparagraph of point (1).

(3)

Member States may require that the applicants undertake during a period of five years not to rent or sell the area(s) newly planted to another natural or legal person.

Where the applicant is a legal person or a group of natural persons, Member States may also require the applicant, during a period of five years, not to transfer the exercise of effective and long-term control of the holding in terms of decisions related to management, benefits and financial risks to another person or other persons unless that person or those persons met the conditions of points (1) and (2) that applied at the time of granting the authorisations.

the applicant undertakes to comply, for a minimum period of five to seven years, with the rules on organic production laid down in Council Regulation (EC) No 834/2007 (1) and where applicable Commission Regulation (EC) No 889/2008 (2) for the area(s) to be newly planted or for the entire farm holding. Such period shall not go beyond 31 December 2030.

Member States may consider that the criterion is fulfilled where applicants are already winegrowers at the time of submitting the application, and have effectively applied the rules on organic production referred to in the first subparagraph to the whole area planted with vines in the respective holding for at least five years before the submission of the application;

the applicant undertakes to comply with one of the following guidelines or certification schemes going beyond the relevant mandatory standards established pursuant to Chapter I of Title VI of Regulation (EU) No 1306/2013, for a minimum period of five to seven years which in any case shall not go beyond 31 December 2030:

The certification schemes referred to in points (b) and (c) shall certify that the farmer observes practices on its holding which comply with the nationally defined rules for integrated production or the objectives referred to in point (c). This certification shall be performed by certification bodies that are accredited in accordance with Chapter II of Regulation (EC) No 765/2008 of the European Parliament and of the Council (4) and comply with the relevant harmonised standards for ‘Conformity assessment — Requirements for bodies certifying products, processes and services’ or ‘Conformity assessment — requirements for bodies providing audit and certification of management systems’.

Member States may consider that the criterion is fulfilled where applicants are already winegrowers at the time of submitting the application and have effectively applied the guidelines or certification schemes referred to in the first subparagraph, to the whole area planted with vines in the respective holding for at least five years before the submission of the application;

where the rural development programme(s) of Member States includes a specific ‘agri-environment-climate’ type of operation(s) laid down in Article 28 of Regulation (EU) No 1305/2013 of the European Parliament and the Council (5) which is applicable to areas planted with vines with relevance to the specific area indicated in the application, and provided that sufficient funds are available, the applicant is eligible and undertakes to apply for that type of operation(s) for the area to be newly planted and to comply with the commitments set in the respective rural development programme(s) for that specific ‘agri-environment-climate’ type of operation(s);

the specific land parcel(s) identified in the application is located in slopes with terraces.

Member States may also require that producers undertake, during a minimum period of five to seven years, not to grub up and replant in areas not complying with those conditions. Such period shall not go beyond 31 December 2030.

the specific land parcel(s) identified in the application came into the possession of the applicant due to exchanges with another land parcel(s) planted with vines in the framework of a land consolidation project;

the land parcel(s) identified in the application is not planted with vines, or is planted with vines occupying a smaller surface than the one(s) lost as a result of the implementation of such land consolidation project;

the total area for which the authorisation is requested does not exceed the difference, if any, between the area planted with vines in the previously owned land parcel(s) and the one identified in the application.

areas affected by dryness, with a ratio of the annual precipitation to the annual potential evapotranspiration of less than 0,5;

areas with a shallow rooting depth of less than 30 cm;

areas with unfavourable soil texture and stoniness, according to the definition and thresholds laid down in Annex III to Regulation (EU) No 1305/2013;

areas in steep slopes exceeding at least 15 %;

areas located in mountain areas which are above at least 500 m altitude, excluding high plains;

areas located in the outermost regions of the Union referred to in Article 349 of the Treaty on the Functioning of the European Union and in the smaller Aegean islands as defined in Regulation (EU) No 229/2013 of the European Parliament and of the Council (6) or in small islands with a total land area not exceeding 250 km2 and characterised by structural or socioeconomic constraints.

Net Present Value (NPV);

Internal Rate of Return (IRR);

Benefit-Cost Ratio (BCR);

Payback Period (PP);

Incremental Net Benefit (INB).

the areas to be newly planted by an existing winegrower may generate economies of scale due to a significant decrease in the unit costs specific to the newly planted area in relation to the average of already existing vineyards in the farm holding or the average situation of the region;

the areas to be newly planted by an existing winegrower may generate a better adaptation to the market demand due to an increase of prices obtained for the produce or an increase in market outlets in relation to the already existing vineyards in the farm holding or the average situation of the region;

the areas to be newly planted by a new entrant into the sector may allow for a farm production model which is more profitable than the average of the region.

the land parcel(s) to be planted has better pedo-climatic characteristics, comparing to an average of other land parcels with vineyards complying with geographical indication specifications in the same region;

the grape variety(ies) or respective clone(s) to be planted is better adapted to the specific pedo-climatic characteristics of the land parcel(s) to be planted comparing to land parcels with vineyards complying with geographical indication specifications, with similar pedo-climatic characteristics and located in the same region, but established with other varieties or other clones of the same variety(ies);

the grape variety(ies) or respective clone(s) to be planted contribute to increase the diversity of grape varieties or clones of the existing varieties in the same geographical area of production of the PDO or PGI;

the vine training system(s) to be used or the vineyard structure to be established in the newly planted area(s) has the potential to lead to a better quality of the grapes, comparing to the training systems and/or structures predominantly used in the same geographical area of production of the PDO or PGI.

no less than 0,5 hectares for small size holdings;

no more than 50 hectares for medium size holdings.

the size of the applicant's holding will be increased as a result of the new planting;

the applicant has already an area planted with vines, not benefiting from the exemptions laid down in Article 62(4) of Regulation (EU) No 1308/2013, at the time of submitting the application.

no authorisation previously granted to the applicant in accordance with Article 64 of Regulation (EU) No 1308/2013 has expired due to non-utilisation;

the applicant has not failed to comply with any of the undertakings referred to in Sections A and B of Annex I, in Sections A, B, and D to G of this Annex and in point II of this Section;

the applicant does not have areas planted with vines which are no longer in production for a period of at least eight years.

the applicant is a non-profit organisation which has solely a social purpose as its activity;

the applicant uses the confiscated land only to serve its social purposes pursuant to Article 10 of Directive 2014/42/EU of the European Parliament and of the Council (7).

Identity of the winegrower (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 registers or information held by the Member State).

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)(b) and 70(1) of Regulation (EU) No 1306/2013).

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 ortho-imagery, 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 the parcel. This shall be fixed in accordance with existing Union standards.

Area of the vineyard parcel

In cases where vines are grown in association with other crops:

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 33(1)(a) of Implementing Regulation (EU) 2018/274, and Part I of Annex IV to that Regulation, which is, if applied, the basis for the calculation of the 1 % referred to in Article 63(1) of Regulation (EU) No 1308/2013):

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 of the European Parliament and of the Council (1)).

Year of planting or, failing that, estimated age of the vineyard parcel concerned (information compatible with Regulation (EU) No 1337/2011).

Planted area with vines 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 Parts IV, V and VI of Annex IV to Implementing Regulation (EU) 2018/274).

Planted area with vines 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 Parts IV, V and VI of Annex IV to Implementing Regulation (EU) 2018/274).

Production declaration (information compatible with the production declarations referred to in Article 31).

Stock declaration (information compatible with the stock declarations referred to in Article 32).

Authorisations applied for, granted and not yet planted, and respective specific area (information compatible with the notifications referred to in Article 33(2)(a) and in the tables of Part IV of Annex IV to Implementing Regulation (EU) 2018/274).

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 11 of Commission Implementing Regulation (EU) 2015/561 (1) and in Table A of Annex VII to that Regulation).

Area(s) benefiting from the following exemptions to the scheme of authorisations for vine plantings:

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 33(1)(e) of Implementing Regulation (EU) 2018/274 and in Part III of Annex IV to that Regulation).

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) of Regulation (EC) No 555/2008 and in Tables 3 and 7 of Annex XIII to that Regulation).

1.1.

Where the documents referred to in point (a)(i) of the first subparagraph of Article 10(1) bear an ARC number assigned by the computerised system referred to in Article 21(2) of Directive 2008/118/EC or an MVV code assigned by an information system set up by the Member State of dispatch referred to in point (a)(iii) of the first subparagraph of Article 10(1), the information referred to in Section A shall be held in the system used.

1.2.

The documents referred to in the second indent of point (a)(iii) of the first subparagraph of Article 10(1) shall bear in the header the logo of the Union, the words ‘European Union’, the name of the Member State of dispatch, and a sign or a logo identifying the Member State of dispatch.

The documents referred to in points (a)(i) and (ii) and the first indent of point (a)(iii) of the first subparagraph of Article 10(1) may bear the information referred in the first subparagraph of this point.

1.3.

The documents referred to in Article 10(1) shall be filled in legibly and indelible characters. The document must not contain any erasures or overwritten words.

Any prescribed copy of a document shall be marked ‘copy’ or shall bear an equivalent marking.

1.4.

A single document may be completed to accompany the transport in a single consignment from one and the same consignor to one and the same consignee of:

1.5.

In the case referred to in Article 17(1) or where the document accompanying the consignment is completed by the competent authority, the document shall be valid only if carriage commences not later than the fifth working day following, as appropriate, the date of validation or the date on which it is completed.

1.6.

When products are transported in separate compartments of the same transport container or are mixed during carriage, a document must be completed to accompany each portion, whether transported separately or as a mixture. Such documents shall mention, in accordance with the rules laid down by each Member State, the use of the mixed product.

However, consignors or empowered persons may be authorised by Member States to complete a single document for the whole product resulting from mixing. In such cases the competent authority shall determine how proof is to be furnished concerning the category, origin and quantity of the various loads.

Type of product

Indicate the type of product using an expression conforming to Union rules which gives the most accurate description of the product, e.g.: wine with PDO or PGI/wine without PDO or PGI/varietal wine without PDO/PGI/grape must for wine with PDO or PGI/vintage wine without PDO/PGI.

Bulk transport

For the bulk transport of the wines referred to in paragraphs 1 to 9, 15 and 16 of Part II of Annex VII to Regulation (EU) No 1308/2013, the product description shall contain the optional particulars set out in Article 120 of that Regulation provided that they are shown on the labelling or that it is planned to show them on the labelling.

Alcoholic strength and density

For the transport of products in bulk or in unlabelled containers with a nominal volume of not more than 60 litres:

This information must be expressed using the tables of equivalence recognised by the Union, contained in the rules on analysis methods.

Tolerances

Without prejudice to Union provisions laying down limits for certain wine products, the following tolerances shall be allowed:

Other indications for the carriage of products in bulk:

Indications regarding the wine-growing area and the operations performed must be given in addition to those regarding the description of the product and within the same field of vision.

of grapes, concentrated grape must, rectified concentrated grape must, concentrated grape juice, grape marc and wine lees in tonnes or kilograms must be expressed by the symbols ‘t’ or ‘kg’;

of other products in hectolitres or litres must be expressed by the symbols ‘hl’ or ‘l’.

1.

Symbol of Member State

2.

Competent authority with territorial responsibility

3.

Authentication

:

Изнесено: Декларация за износ № … от [дата]

they fulfil the requirements for labelling and presentation in respect of:

all the products comply with the provisions governing the production and release of products for direct human consumption under Union law;

the products were produced by approved methods of production and not specifically for the purpose of export; and

the products are authentic and are fit for human consumption in the Union.

1.

The size of the form shall be approximately 210 by 297 mm.

2.

The document or extracts shall be printed in one of the official languages of the Union. For VI-2 extracts, the language of the extracts shall be decided by the competent authority of the Member State where the extracts are to be stamped.

in the case of the VI-1 document, by the competent body signing the ‘certificate’ part,

in the case of VI-2 extracts, by the customs office stamping them.

:

Exporter: full name and address in the third country concerned

List of third countries referred to in Article 21(b):

List of third countries referred to in Article 26:

List of third countries referred to in Article 27:

—.