Commission Implementing Regulation (EU) No 314/2012 of 12 April 2012 amending Commission Regulations (EC) No 555/2008 and (EC) No 436/2009 as regards the documents accompanying consignments of wine products and wine sector registers to be kept

With respect to controls relating to consignments carried out under cover of the accompanying documents indicated in Article 24(1)(a)(i) of Commission Regulation (EC) No 436/2009 , Member States, shall, not later than 1 March 2014, adopt the measures required to give the competent bodies designated under Article 82(1) 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. With respect to controls on consignments carried out under cover of the accompanying documents indicated in Article 24(1)(a)(ii) and (iii) of Regulation (EC) No 436/2009, Member States, shall, not later than 1 March 2014, adopt the measures required to give the competent bodies designated under Article 82(1) 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. The information held pursuant to the first and second subparagraphs may only be used, for the purposes of this Regulation, in relation to the specific controls laid down in the rules on the wine sector.

1 This title lays down the detailed rules for the application of Article 185c of Regulation (EC) No 1234/2007, in relation to wine products, indicated in Part XII of Annex I thereto (hereinafter “wine products”).

2 This title establishes the conditions required for: (a) the drawing up and use of documents accompanying the consignment of wine products, hereinafter “accompanying documents”; (b) the drawing up of the certificates of origin for wines and partially fermented grape must covered by a protected designation of origin (PDO) or a protected geographical indication (PGI) and the certification of wines and wine sector products not covered by a PDO or a PGI marketed with the indication of the vintage year or the wine-grape variety(ies); (c) records kept by persons who hold wine sector products in the exercise of their profession.’;

All natural or legal persons, all groups of persons, who have their domicile or registered place of business within the customs territory of the Union and who consign or have a wine product consigned, shall ensure that this transport operation is carried out under cover of an accompanying document. The accompanying document may only be used for a single consignment. It shall be possible for the accompanying document to be presented to the competent authorities and bodies throughout the transport operation.

1 The following shall be recognised as accompanying documents, in accordance with the conditions laid down in this Article and in Annex VI: (a) for the wine products dispatched within a Member State or among Member States, without prejudice to (b) below: (i) one of the documents referred to in Article 21(6) or Article 26(1)(a) of Council Directive 2008/118/EC for products moved under duty suspension arrangements within the Union’s territory; (ii) 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 , for excise goods moved 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; (b) 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(a)(i) or (iii) of this Article.

2 The accompanying documents referred to in paragraph 1(a) shall include the information indicated in Part C of Annex VI, or allow the competent bodies to have access to this information. Where these documents bear an administrative reference code assigned by the computerised system referred to in Article 21(2) of Directive 2008/118/EC or by an information system set up by the Member State of dispatch, the information referred to in Part C of Annex VI to this Regulation shall be held in the system used.

3 The accompanying documents referred to in paragraph 1(b) shall include the information indicated in Part C of Annex VI.

4 The accompanying documents referred to in paragraph 1(a)(iii) shall bear in the header, the logo of the Union, the words “European Union”, the name of the dispatching Member State, and a sign or a logo identifying the dispatching Member of State. The accompanying documents referred to in paragraph 1(a)(i) and (ii) may bear the information referred in the first subparagraph of this paragraph.

5 By way of derogation from paragraph 1, the Member States may recognise other accompanying documents, including 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.

The accompanying document shall be deemed to be authentic under the following conditions: (a) where one of the documents referred to in Article 21(6) of Directive 2008/118/EC and Article 24(1)(a)(iii), first indent, of this Regulation is used, provided that the relevant electronic administrative document is drawn up in accordance with the applicable rules; (b) where the document referred to in Article 26(1)(a) of Directive 2008/118/EC, provided that the consignor complies with the provisions of paragraph 1; (c) where a document produced through an information system set up by a dispatching Member State is used, in order to draw up the document referred to in Article 24(1)(a)(ii) of this Regulation, or a simplified computerised procedure under Article 24(5), provided that the corresponding electronic document is established in compliance with the applicable rules; (d) otherwise, provided that the original accompanying document and a copy are validated prior to dispatch: (i) by the date, the signature of the person in charge of the competent body and the stamp affixed by this person; or (ii) 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.’;

In the case of the consignment of unpackaged wine products and where the computerised system or an information system referred to in the second subparagraph of Article 24(2) is not used or where this system does not allow the competent authority at the place of unloading to be informed, the consignor shall forward, at the latest on the departure of the type of transport, a copy of the accompanying document to the competent authority within whose territory the place of loading is situated, who shall inform the competent authority within whose territory the place of unloading is situated. Paragraph 1 of this Article shall apply to the following wine products: (a) products originating in the Union, of a quantity of more than 60 litres: (i) wine intended for processing into wines with a PDO or PGI, a varietal or vintage year wine, or intended for packaging to be marketed as such; (ii) partially fermented grape must; (iii) concentrated grape must, whether or not rectified; (iv) fresh grape must with fermentation arrested by the addition of alcohol; (v) grape juice; (vi) concentrated grape juice; (b) products not originating in the Union, of a quantity of more than 60 litres: (i) fresh grapes, excluding table grapes; (ii) grape must; (iii) concentrated grape must; (iv) partially fermented grape must; (v) concentrated grape must, whether or not rectified; (vi) fresh grape must with fermentation arrested by the addition of alcohol; (vii) grape juice; (viii) concentrated grape juice; (ix) liqueur wine for the preparation of products not falling within CN code 2204; (c) products, irrespective of their origin and the amount transported, without prejudice to the exemptions referred to in Article 25: (i) wine lees; (ii) grape marc intended for distillation or another form of industrial processing; (iii) piquette; (iv) wine fortified for distillation; (v) wine from grapes of varieties not listed as wine-grape varieties in the classification drawn up by the Member States under Article 120a of Regulation (EC) No 1234/2007 for the administrative unit in which they were harvested; (vi) products that may not be offered or supplied for direct human consumption. By way of derogation from the paragraph 1 of this Article, the Member States may fix different periods with respect to the movements of wine products that take place exclusively within their territory.

1 For any consignment within the Union’s customs territory of third-country products released into free circulation, the accompanying document shall include the following information or allow the competent bodies to access thereto: (a) the number of the document VI 1, drawn up in accordance with Article 43 of Regulation (EC) No 555/2008 or the references of the equivalent document, approved by the competent authorities of the country of origin, under the conditions set out in Article 45 of the same Regulation and recognised in the framework of the bilateral relations of the Union with the country of origin, which accompanied the transport operation; (b) the name and address of the authority of the third country which completed that document or authorised its completion by a producer; (c) the date on which that document was completed.

2 For any consignment within the Union’s customs territory of wine products originating within the Union, initially exported to a third country or a territory as defined in Article 5(2) and (3) of Directive 2008/118/EC, the accompanying document shall include the following information or allow the competent bodies to have access to this information: (a) the reference to the accompanying document, referred to in Article 24(1)(b) of this Regulation, drawn up for the initial dispatch; or (b) the references to the other supporting documentation produced by the importer evidencing the origin of the product and deemed satisfactory by the competent body when released for circulation in the Union.

3 Where the computerised system referred to in Article 21(2) of Directive 2008/118/EC or an information system set up by the Member State of dispatch is used, the information indicated in the first and second paragraphs of this Article shall be held in the system used.

1 The accompanying document shall be regarded as certifying the PDO or PGI and the vintage year or the wine-grape variety(ies), in accordance with the conditions provided for in paragraphs 2 to 6 below.

2 In the case of wine products dispatched within a Member State or among Member States, the accompanying document shall include all the pertinent information laid down in Part A of Annex IXa or allow the competent bodies to have access to this information. To this effect, one of the entries set out in Part B of Annex IXa shall be used. Where the computerised system referred to in Article 21(2) of Directive 2008/118/EC or an information system set up by the Member State of dispatch is used, the information referred to in the first subparagraph of this paragraph shall be held in the system used.

3 In the case of wine products exported to a third country, the accompanying document shall include the pertinent information laid down in Part A of Annex IXa. To this effect, one of the entries set out in Part B of Annex IXa shall be used. It shall be possible for this document to be presented, as an attestation or certificate, whenever requested by the competent authorities and bodies of the Member States or third country of destination.

4 In the case of wine products imported from a third country, the accompanying document shall make reference to the attestation or certificate drawn up in the country of origin. It shall be possible for the attestation or certificate to be presented whenever requested throughout the transport operation to the competent authorities and bodies of the Member States.

5 Where Member States have made it obligatory, in respect of the wine products produced on 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. This information comes after the entry used in accordance with paragraphs 2 and 3 above.

6 The consignor shall certify the accuracy of the information required pursuant to paragraphs 2 to 5 above, on the basis of their records or the certified information in the documents accompanying the previous consignments of the product in question;’

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union. Article 24(1)(b) and Article 31 of Regulation (EC) No 436/2009, as amended by Article 2 of this Regulation, shall apply from 1 January 2013. The accompanying documents drawn up in the conditions established by the Member States before the entry into force of this Regulation may continue to be used until 1 August 2013.