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

Article 39

Analytical databank of isotopic data

The European reference centre for the control in the wine sector shall keep and update an analytical databank of isotopic data at Union level on the basis of data notified by the designated laboratories of the Member States. That data shall be obtained from harmonised isotopic analysis of the components of ethanol and water in wine products and allow relevant checks throughout the marketing, in accordance with the methods of analysis laid down pursuant to Article 80(5) of Regulation (EU) No 1308/2013 and rules and procedures laid down in Articles 27, 28 and 29 of Implementing Regulation (EU) 2018/274.

Article 40

Competent authorities and liaison bodies

Member States shall designate the competent authorities to carry out the checks referred to in Article 37. Those authorities shall have a sufficient number of suitably qualified and experienced staff to carry out those checks effectively.

Where a Member State designates several competent authorities to check compliance with the rules governing the wine sector, it shall indicate their specific responsibility and coordinate their work.

Each Member State shall designate a single liaison body which shall be responsible for contacts with the Commission, the liaison bodies of other Member States, and third countries and shall receive and forward requests for administrative assistance.

Article 41

Powers of officials

Each Member State shall take all appropriate measures to facilitate the work of the officials of its competent authorities. It shall ensure that such officials, where appropriate in conjunction with officials of other bodies which it authorises for the purpose:

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

(b) 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;

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

(d) 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;

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

(f) 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.

Article 42

Coordination of checks and access to information

With respect to checks relating to consignments carried out under cover of the accompanying documents referred to in Article 10, the competent authorities designated under Article 40 shall have access to the information held in the computerised system referred to in Article 21 of Directive 2008/118/EC and to information on the movements of wine products circulating under the arrangements laid down in Chapter IV of that Directive.

Those competent authorities shall also have access to the information held in the information systems set up to check the movements of wine products other than those referred to in the first paragraph.

The information held pursuant to the first and second paragraphs may only be used for the purposes of this Regulation.

Article 43

Mutual assistance

1. Where a competent authority of a Member State carries out checks on its territory, it may request information from a competent authority of any other Member State liable to be affected directly or indirectly. Such a request shall be made through the liaison bodies provided for in the third paragraph of Article 40 and the assistance shall be provided in a timely manner.

The Commission shall be notified whenever the product which is the subject of the checks referred to in the first subparagraph originates in a third country and if the marketing of this product may be of specific interest to other Member States.

The requested authority shall provide all such information as may enable the requesting authority to carry out its duties.

1. On a reasoned request by the requesting authority, the requested authority shall carry out checks with a view to achieving the aims pursued as described in the request or shall take the necessary steps to ensure that such checks are carried out.

The requested authority shall act as though on its own behalf.

1. In agreement with the requested authority, the requesting authority may designate officials:

(a) 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;

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

The copies referred to in point (a) of the first subparagraph may be made only with the agreement of the requested authority.

1. The officials of the requested authority shall remain in charge of the checks carried out on the territory of their Member State at all times.

1. The officials of the requesting authority shall:

(a) produce a written order indicating their identity and official position;

(b) 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:

(i) the rights of access provided for in points (a) and (b) of Article 41;

(ii) the right to be informed of the results of checks carried out by the officials of the requested authority under points (c) and (e) of Article 41.

1. The costs incurred in taking, treating and dispatching a sample and in carrying out analytical and organoleptic tests for checking purposes shall be borne by the competent authority of the Member State which asked for the sample to be taken. Such costs shall be calculated according to the rates applicable in the Member State in the territory of which the operations are carried out.

Article 44

Conclusive force

The findings of the officials of a competent authority of a Member State in the application of this Section may be invoked by the competent authorities of the other Member States and have the same value as if they were findings of the national competent authorities.

Article 45

Notification of suspicion of non-compliance

Where a competent authority of a Member State has grounds for suspicion or becomes aware that a wine product does not comply with the relevant provisions on wine products of Regulation (EU) No 1308/2013, the rules laid down in this Regulation and in Implementing Regulation (EU) 2018/274 or that it has been the subject of fraudulent action to obtain or market it, the liaison body of that Member State shall notify without delay the liaison body of any Member State for which the failure to comply with those rules is of specific interest and such as to lead to administrative measures or legal action.

Where the competent authorities of a Member State find or suspect that wine products have been the subject of falsification likely to result in a health risk to consumers or do not comply with Article 80 or Article 90 of Regulation (EU) No 1308/2013, the liaison body of that Member State shall, without delay, inform the Commission and the liaison bodies of the other Member States, and, if appropriate, the liaison body of the third countries concerned, through the information system put in place by the Commission.

SECTION II

PENALTIES

Article 46

Penalties and cost recovery for non-authorised plantings

Member States shall impose financial penalties on producers who do not comply with the obligation laid down in Article 71(1) of Regulation (EU) No 1308/2013.

The minimum amount of the financial penalty shall be:

(a) EUR 6000 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;

(b) EUR 12000 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;

(c) EUR 20000 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 yearly income obtained in the area where the vineyards concerned are located is estimated to exceed EUR 6000 per hectare, Member States may increase the minimum amounts set in the second subparagraph proportionally to the average yearly income per hectare estimated for that area.

If the Member State ensures the grubbing up of the non-authorised planting by its own means, the relevant cost charged to the producer pursuant to Article 71(2) of Regulation (EU) No 1308/2013 shall be calculated in an objective way taking into account the costs of labour, use of machinery and transport or other costs incurred. Such cost shall be added to the applicable penalty.

Article 47

Penalties relating to accompanying documents and VI-1 documents for non-conformity with certain Union rules

1. The application of Articles 10, 11 and 12 may be suspended for operators referred to in Article 8(1) where the competent authorities of a Member State find or suspect that wine products have been the subject of falsification likely to result in a health risk to consumers or do not comply with Article 80 or Article 90 of Regulation (EU) No 1308/2013.

1. The application of Articles 26 and 27 may be suspended in case of findings or suspicions referred to in paragraph 1 of this Article in respect of imported wines.

Article 48

Penalties for non-compliance with the obligations to keep the inward and outward register, submit declarations or make notifications

1. Operators required to keep the inward and outward register, to submit production, stock or harvest declarations or to notify the competent authorities of the operations referred to in Article 30(2) who do not keep such register, do not submit such declarations by the dates referred to in Articles 22, 23 and 24 of Implementing Regulation (EU) 2018/274 or do not make such notification by the date set by the Member State pursuant to Article 30(2) of this Regulation, shall be subject to administrative penalties.

1. The penalties referred to in paragraph 1 shall take the form of payment of an amount and shall be laid down and applied by the Member States based on the value of the products, the estimated financial benefits or the economic damage caused by fraud.

1. In cases of serious or repeated non-compliance with the obligation to submit declarations by the dates referred to in paragraph 1, the operator concerned shall not benefit from the support measures provided for in Articles 47 and 50 of Regulation (EU) No 1308/2013 for the financial year in question or the following financial year, subject to the following:

(a) 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;

(b) 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.

Article 49

Exceptional circumstances and obvious errors

1. The penalties provided for in this Regulation shall not be imposed in cases of exceptional circumstances within the meaning of Article 2(2) of Regulation (EU) No 1306/2013.

1. Any communication, claim or request made to a Member State under this Regulation may be adjusted at any time after its submission in cases of obvious errors recognised by the competent authority.

CHAPTER VIII

NOTIFICATIONS

Article 50

Nature and type of information to be notified

1. Member States shall notify the Commission of the following:

(a) 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;

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

(c) 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;

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

(e) 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;

(f) 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);

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

1. Member States shall notify the Commission of any changes in the name and address of the competent authorities and the liaison bodies notified to the Commission in accordance with paragraph 1.

1. The notification provided for in paragraph 1 shall be made in accordance with Article 34 of Implementing Regulation (EU) 2018/274.

Article 51

Publication of the information notified

1. On the basis of notifications from the competent authorities of third countries, the Commission shall draw up and update lists containing the following information:

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

(b) 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;

(c) 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;

(d) 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.

1. The Commission shall make public the name and address of the competent authorities referred to in Article 50(1)(b) and (c), the information regarding the production potential referred to in Article 50(1)(c), the name and address of the liaison body referred to in Article 50(1)(e), the wine grape varieties referred to in Article 50(1)(g) and the lists referred to in paragraph 1 of this Article.

CHAPTER IX

AMENDMENTS, REPEALS, TRANSITIONAL AND FINAL PROVISIONS

Article 52

Amendments to Regulation (EC) No 555/2008

Regulation (EC) No 555/2008 is amended as follows:

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

(2) Annexes IX to XIII and XVI to XXI are deleted.

Article 53

Amendments to Regulation (EC) No 606/2009

Regulation (EC) No 606/2009 is amended as follows:

(1) Articles 12 and 13 are deleted;

(2) 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.

1. 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.

1. 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:

(a) 8,0 % for zone A;

(b) 8,5 % for zone B;

(c) 9,0 % for zone C I;

(d) 9,5 % for zone C II;

(e) 10,0 % for zone C III.

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

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).

and Article 14(1)(b)(vii) and Article 18 of Commission Implementing Regulation (EU) 2018/274

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).

, respectively.

1. 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.

1. 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.

1. 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.

1. 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.

Article 54

Amendment to Regulation (EC) No 607/2009

In Regulation (EC) No 607/2009, Article 63 is deleted.

Article 55

Repeal

Regulation (EC) No 436/2009 and Delegated Regulation (EU) 2015/560 are repealed.

Article 56

Entry into force

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 11 December 2017.

For the Commission

The President

Jean-Claude Juncker

Annex

ANNEX I

RULES RELATING TO THE ELIGIBILITY CRITERION LISTED IN ARTICLE 64(1)(c) OF REGULATION (EU) No 1308/2013 AND THE ADDITIONAL CRITERION REFERRED TO IN ARTICLE 4(1) OF THIS REGULATION

A.

Criterion referred to in Article 64(1)(c) of Regulation (EU) No 1308/2013

The criterion referred to in Article 64(1)(c) of Regulation (EU) No 1308/2013 shall be considered as being fulfilled if one of the following conditions is met:

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

(2) 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:

(a) not to use or market any of the grapes produced in those newly planted areas for the production of wines with a PDO, where those areas are located within areas eligible for that purpose;

(b) not to grub up and replant with the aim of making the replanted area become eligible for the production of grapes for wines with the specific PDO.

The applicant shall undertake the commitments referred to in point (2) during a limited period of time to be fixed by the Member State, which may not go beyond 31 December 2030.

B.

Additional criterion referred to in Article 4(1) of this Regulation

The additional criterion referred to in Article 4(1) of this Regulation shall be considered as being fulfilled if one of the following conditions is met:

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

(2) 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:

(a) not to use or market any of the grapes produced in those newly planted areas for the production of wines with a PGI, where those areas are located within areas eligible for that purpose;

(b) not to grub up and replant with the aim of making the replanted area become eligible for the production of grapes for wines with the specific PGI.

The applicant shall undertake the commitments referred to in point (2) during a limited period of time to be fixed by the Member State, which may not go beyond 31 December 2030.

Annex

ANNEX II

RULES RELATING TO THE PRIORITY CRITERIA LISTED IN ARTICLE 64(2)(a) TO (h) OF REGULATION (EU) No 1308/2013 AND THE ADDITIONAL CRITERIA REFERRED TO IN ARTICLE 4(3) OF THIS REGULATION

A.

Criterion referred to in Article 64(2)(a) of Regulation (EU) No 1308/2013

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

(a) a natural person who is setting up vine plantings for the first time and who is established as head of the holding (new entrant) exercises effective and long-term control over the legal person in terms of decisions related to management, benefits and financial risks. Where several natural persons, including one or more persons who are not new entrants, participate in the capital or management of the legal person, the new entrant shall be capable of exercising such effective and long-term control either solely or jointly together with other persons; or

(b) where a legal person is solely or jointly controlled by another legal person, the conditions set out in point (a) shall apply to any natural person having control over that other legal person.

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.

B.

Criterion referred to in Article 64(2)(b) of Regulation (EU) No 1308/2013

The criterion referred to in Article 64(2)(b) of Regulation (EU) No 1308/2013 shall be considered as being fulfilled if one of the following conditions is met:

(1) 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

Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 (OJ L 189, 20.7.2007, p. 1).

and where applicable Commission Regulation (EC) No 889/2008

Commission Regulation (EC) No 889/2008 of 5 September 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control (OJ L 250, 18.9.2008, p. 1).

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;

(2) 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:

(a) crop or sector-specific guidelines for integrated pest management which are appropriate for wine-growing in accordance with Article 14(5) of Directive 2009/128/EC of the European Parliament and of the Council

Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides (OJ L 309, 24.11.2009, p. 71).

, where such guidelines exist;

(b) national certification schemes for integrated production which are appropriate for wine-growing;

(c) national or regional environmental schemes certifying compliance with environmental legislation in relation with soil and/or water quality, biodiversity, landscape preservation, climate change mitigation and/or adaptation to climate change, and which are relevant for wine-growing.

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

Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).

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;

(3) 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

Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005 (OJ L 347, 20.12.2013, p. 487).

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);

(4) 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.

C.

Criterion referred to in Article 64(2)(c) of Regulation (EU) No 1308/2013

The criterion referred to in Article 64(2)(c) of Regulation (EU) No 1308/2013 shall be considered as being fulfilled if all of the following conditions are met:

(1) 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;

(2) 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;

(3) 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.

D.

Criterion referred to in Article 64(2)(d) of Regulation (EU) No 1308/2013

The criterion referred to in Article 64(2)(d) of Regulation (EU) No 1308/2013 shall be considered as being fulfilled if the specific land parcel(s) identified in the application is located in one of the following types of areas:

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

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

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

(4) areas in steep slopes exceeding at least 15 %;

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

(6) 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

Regulation (EU) No 229/2013 of the European Parliament and of the Council of 13 March 2013 laying down specific measures for agriculture in favour of the smaller Aegean islands and repealing Council Regulation (EC) No 1405/2006 (OJ L 78, 20.3.2013, p. 41).

or in small islands with a total land area not exceeding 250 km2 and characterised by structural or socioeconomic constraints.

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 which do not face natural or other specific constraints. Such period shall not go beyond 31 December 2030.

Member States may, at the latest until 2018, decide to exclude one or more of the areas listed in the first subparagraph for the compliance with this priority criterion where they are not in a position to assess such compliance in an effective manner.

E.

Criterion referred to in Article 64(2)(e) of Regulation (EU) No 1308/2013

The criterion referred to in Article 64(2)(e) of Regulation (EU) No 1308/2013 shall be considered as being fulfilled if the economic sustainability of the respective project is established on the basis of one or more of the following standard methodologies of financial analysis for agricultural investment projects:

(1) Net Present Value (NPV);

(2) Internal Rate of Return (IRR);

(3) Benefit-Cost Ratio (BCR);

(4) Payback Period (PP);

(5) Incremental Net Benefit (INB).

The methodology shall be applied in a way that is adapted to the type of applicant.

Member States shall further require the applicant to establish the new vine planting according to the technical characteristics identified in the application.

F.

Criterion referred to in Article 64(2)(f) of Regulation (EU) No 1308/2013

The criterion referred to in Article 64(2)(f) of Regulation (EU) No 1308/2013 shall be considered as being fulfilled if the potential for increased competitiveness is established on the basis of one of the following considerations:

(1) 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;

(2) 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;

(3) 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.

Member States may further detail the considerations listed in points (1), (2) and (3).

Member States shall further require the applicant to establish the new vine planting according to the technical characteristics identified in the application.

G.

Criterion referred to in Article 64(2)(g) of Regulation (EU) No 1308/2013

The criterion referred to in Article 64(2)(g) of Regulation (EU) No 1308/2013 shall be considered as being fulfilled if the land parcel(s) to be planted is located within the geographical area of production of an existing PDO or PGI, if the grapes to be produced are intended for wines with a PDO or PGI, and one of the following conditions is met:

(1) 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;

(2) 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);

(3) 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;

(4) 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.

Member States may further detail the conditions referred to in points (1) to (4).

Member States shall further require the applicant to establish the new vine planting according to the technical characteristics identified in the application.

Member States may apply this priority criterion to applications for new plantings in an area that has been demarcated in the technical file accompanying an application for protection of a designation of origin or of a geographical indication which is under the preliminary national procedure or the period of scrutiny of the Commission. In that case, the conditions listed in points (1) to (4) apply mutatis mutandis.

H.

Criterion referred to in Article 64(2)(h) of Regulation (EU) No 1308/2013

The criterion referred to in Article 64(2)(h) of Regulation (EU) No 1308/2013 shall be considered as being fulfilled if the size of the applicant's holding at the time of the application complies with thresholds to be established by Member States at national or regional level on the basis of objective criteria. Such thresholds shall be set at:

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

(2) no more than 50 hectares for medium size holdings.

Member States may further require compliance with one or more of the following conditions:

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

(2) 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.

I.

Additional criteria referred to in Article 4(3) of this Regulation

I.

Prior behaviour of the producer

The additional criterion referred to in Article 4(3) of this Regulation shall be considered as being fulfilled if the applicant does not have vines planted without authorisation as referred to in Article 71 of Regulation (EU) No 1308/2013 or without a planting right as referred to in Articles 85a and 85b of Regulation (EC) No 1234/2007.

Member States may further require compliance with one or more of the following conditions:

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

(2) 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;

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

II.

Non-profit organisations with a social purpose having received lands confiscated in cases of terrorism and other types of crime

The additional criterion referred to in Article 4(3) of this Regulation shall be considered as being fulfilled if the applicant is a legal person, irrespective of its legal form, and if the following conditions are met:

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

(2) 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

Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union (OJ L 127, 29.4.2014, p. 39).

.

Member States may also require that the applicants complying with this criterion shall undertake during a period to be determined by the Member State not to rent or sell the area(s) newly planted to another natural or legal person. Such period shall not go beyond 31 December 2030.

Annex

ANNEX III

MINIMUM INFORMATION TO BE CONTAINED AND UPDATED IN THE VINEYARD REGISTER AND THE SPECIFICATIONS RELATING TO THIS INFORMATION AS REFERRED TO IN ARTICLE 7

1. WINEGROWER FILE

1.1.

Identification and location

(1) 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).

(2) List and location of all the vineyard parcels which are not considered to contain only abandoned wine-growing areas (identification compatible with the identification system for agricultural parcels referred to in Articles 68(1)(b) and 70(1) of Regulation (EU) No 1306/2013).

1.2.

Characteristics of the area(s) planted with vines on the vineyard parcel

This information in relation to each vineyard parcel shall be shown separately in the winegrower file. However, when possible because of the uniform nature of the vineyard parcels, the information may relate to a set of several adjacent parcels or part(s) of adjacent parcel(s) provided that identification of each parcel is still guaranteed.

(1) Identification of the vineyard parcel: the identification system for vineyard parcels should be established on the basis of maps, land registry documents or other cartographic references. Use shall be made of computerised geographical information system techniques, including aerial or spatial 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 1:5000 (or 1:10000 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.

(2) Area of the vineyard parcel

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

(a) total area of the parcel concerned;

(b) area planted with vines expressed in terms of pure crop (for the purposes of conversion, use should be made of appropriate coefficients determined by the Member State).

(3) Area of the vineyard parcel or, where appropriate, area expressed in terms of pure crop, with the following breakdown concerning area(s) planted with vines (information compatible with the communication referred to in Article 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):

(a) area(s) planted with vines which are eligible for the production of wine with a PDO;

(b) area(s) planted with vines which are eligible for the production of wine with a PGI:

which are also eligible for the production of wine with PDO and wine without PDO/PGI,

which are only eligible for the production of wine with PGI and wine without PDO/PGI;

(c) area(s) planted with vines which are only eligible for the production of wine without PDO/PGI but situated in a PDO/PGI geographical area of production;

(d) area(s) planted with vines which are only eligible for the production of wine without PDO/PGI and situated outside of a PDO/PGI geographical area of production;

(e) area(s) planted with vines with other destination.

(4) 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

Regulation (EU) No 1337/2011 of the European Parliament and of the Council of 13 December 2011 concerning European statistics on permanent crops and repealing Council Regulation (EEC) No 357/79 and Directive 2001/109/EC of the European Parliament and of the Council (OJ L 347, 30.12.2011, p. 7).

).

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

(6) 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).

(7) 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).

The information referred to in points (6) and (7) must also include all the areas restructured or converted or subject to green harvesting in accordance with Articles 46 and 47 of Regulation (EU) No 1308/2013 (information compatible with the communications referred to in Annex IV or IVa and Annex VI to Commission Implementing Regulation (EU) 2016/1150)

Commission Implementing Regulation (EU) 2016/1150 of 15 April 2016 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the national support programmes in the wine sector (OJ L 190, 15.7.2016, p. 23).

.

Where all the areas planted with vines included in the winegrower file become abandoned or are given a different use than wine-growing, the file should be removed from the vineyard register or flagged and the respective areas deducted from those referred to in point 1.2 of this Annex.

1.3.

Declarations

Harvest declaration (information compatible with the harvest declarations referred to in Article 33).

1. PRODUCTION FILE

2.1.

Identification

Identity of any natural or legal person or group of such persons required to make the production declaration provided for in Article 31.

2.2.

Declarations

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

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

Annex

ANNEX IV

MINIMUM ADDITIONAL INFORMATION CONTAINED IN THE VINEYARD REGISTER AND THE SPECIFICATIONS RELATING TO THIS INFORMATION AS REFERRED TO IN ARTICLE 7(1)

1. WINEGROWER FILE

1.1.

Identification and location

(1) 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).

(2) 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

Commission Implementing Regulation (EU) 2015/561 of 7 April 2015 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 (OJ L 93, 9.4.2015, p. 12).

and in Table A of Annex VII to that Regulation).

1.2.

Characteristics of the area(s) planted with vines on the vineyard parcels

This information in relation to each vineyard parcel shall be shown separately in the winegrower file. However, when possible because of the uniform nature of the vineyard parcels, the information may relate to a set of several adjacent parcels or part(s) of adjacent parcel(s) provided that identification of each parcel is still guaranteed.

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

(a) areas planted or replanted for experimental purposes (including those with wine grape varieties not classified in accordance with Article 81 of Regulation (EU) No 1308/2013);

(b) areas planted or replanted for graft nurseries.

(2) 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).

(3) 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).

Annex

ANNEX V

ACCOMPANYING DOCUMENTS

A.

REQUIREMENTS FOR THE USE OF AN ACCOMPANYING DOCUMENT

The information referred to in Article 10(2) shall be presented in the form of the entries set out in column No 1 in the following table.

For the documents referred to in points (a)(i) and (iii) of the first subparagraph of Article 10(1), these entries are identified by the numbers and letters shown in columns A and B of the tables in Annex I to Regulation (EC) No 684/2009 (column No 2 of the following table).

For the documents referred to in point (a)(ii) of the first subparagraph of Article 10(1), these entries are identified by the numbers and letters in Regulation (EEC) No 3649/92 (column No 3 of the following table).

The order and the specific details concerning the layout of the entries shall be determined by the Member States, on the basis of the rules set out in Section B of this Annex.

123Reference number: each consignment must bear a reference number which identifies it in the consignor's accounts. This number is, where applicable, the ARC number, the MVV code or the reference number of the simplified accompanying document assigned to the accompanying document in its administrative or commercial form.No 1dNo 2Consignor: full name and address including post code and the System of Exchange of Excise Data (SEED) excise number of the authorised warehouse keeper or registered consignor, where appropriate.No 2No 1Place of dispatch: the actual place of dispatch, if the goods are not dispatched from the address given for the consignorNo 3No 1Consignee: full name and address including post code and the SEED excise number of the authorised warehouse keeper or registered consignee, where appropriate.No 5No 4Place of delivery: the actual place of delivery, if the goods are not delivered to the address given for the consignee.No 7No 7Competent authorities at place of dispatch: the name and address of the competent authority responsible for checking the drawing up of the accompanying document at the place of dispatch. This is only required in the case of dispatch to another Member State or for export outside the Union.No 10Box ACarrier: name and address of the person responsible for organising the first transport (if different from the consignor).No 15No 5Other transport details: (a) the type of transport used (lorry, van, tanker, car, railway wagon, rail tanker, airplane, ship); (b) the registration number or, in the case of a ship, the name (optional particulars). Where there is a change from one type of transport to another, the carrier loading the product must indicate on the back of the document: — the date of dispatch, — the type of transport used and the registration number for vehicles and the name for ships, — their name, forename or company name and address, including post code. Where there is a change in the place of delivery: the actual place of delivery.No 16No 5

CN codeNo 17cNo 9Description of the product: in accordance with Regulation (EU) No 1308/2013 and any national rules which apply, in particular compulsory indications.No 17pNo 8Description of packages of goods: identification numbers and number of packages, number of internal packages. For documents other than those referred to in point (a)(i) of the first subparagraph of Article 10(1), the description may be continued on a separate sheet attached to each copy. A packing list could be used for this purpose.No 17.1No 8For bulk transport: — of wine, the actual alcoholic strength, — of non-fermented products, the refractive index or the density, — of products in fermentation, the total alcoholic strength, — of wines with a residual sugar content of more than four grams per litre, in addition to the actual alcoholic strength, the total alcoholic strength.No 17g and 17oNo 8Optional indications for 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.No 17pNo 8Quantity: — for products in bulk, the total net quantity, — for packaged products, the number of containers used.No 17d/f and 17.lNo 8Certifications: certification of PDO, certification of PGI or certification of the vintage year or of the wine-grape variety(ies): see Articles 11 and 12No 17lNo 14Wine product categoryNo 17.2aNo 8Wine-growing zone codeNo 17.2bNo 8Wine operation codeNo 17.2.1aNo 8Certificate — check at export, where appropriateNo 18ADate of dispatch and, where so laid down by the Member State on whose territory the transport operation begins, the time of dispatchNo 18No 15Visa from the competent body of the place of dispatch, for documents other than those referred to in point (a)(i) of the first subparagraph of Article 10(1) (if required)No 18No 15

B.

INSTRUCTIONS ON DRAWING UP AND USE OF ACCOMPANYING DOCUMENTS

1. General rules

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:

(a) several batches of the same category of product; or

(b) several batches of different categories of product provided they are put up in labelled containers with a nominal volume of not more than 60 litres and fitted with a non-reusable closing device.

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.

1. Special rules

2.1.

Indications referring to the description of the product

(a) 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.

(b) 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.

(c) 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:

(i) the actual alcoholic strength of the wine, excluding new wines still in fermentation, or the total alcoholic strength of new wine still in fermentation and part-fermented grape must shall be expressed in % volume and 10ths of % volume;

(ii) the refractive index of grape must shall be obtained by the measuring method recognised by the Union. It must be expressed by the potential alcoholic strength in % volume. This may be replaced by the density expressed in grams per cm3;

(iii) the density of fresh grape must with fermentation arrested by the addition of alcohol must be expressed in grams per cm3 and the actual alcoholic strength of that product must be expressed in % volume and tenths of % volume;

(iv) the sugar content of concentrated grape must, rectified concentrated grape must and concentrated grape juice must be expressed by the content in grams, per litre and per kilogram, of total sugars;

(v) the actual alcoholic strength of grape marc and of wine lees may also be indicated (optional) and expressed in litres of pure alcohol per decitonne.

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

(d) Tolerances

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

(i) as regards total or actual alcoholic strength, a tolerance of ± 0,2 % volume;

(ii) as regards density, a tolerance of six units more or less to the fourth decimal place (± 0,0006);

(iii) as regards the sugar content, ± 3 %.

(e) Other indications for the carriage of products in bulk:

(i) Wine-growing zone

The wine-growing zone in which the product transported originates shall be indicated in accordance with Appendix I of Annex VII to Regulation (EU) No 1308/2013, using the following abbreviations: A, B, C I, C II, C III(a) and C III(b).

(ii) Operations performed

The operations which the products transported have undergone shall be indicated, using the following figures in brackets:

0the product has undergone none of the following operations;1the product has been enriched;2the product has been acidified;3the product has been de-acidified;4the product has been sweetened;5the product has been fortified for distillation;6a product originating in a geographical unit other than that indicated in the description has been added to the product;7a product obtained from a vine variety other than that indicated in the description has been added to the product;8a product harvested during a year other than that indicated in the description has been added to the product;9the product has been made using oak chips;10the product has been made on the basis of experimental use of a new oenological practice;11the alcohol content of the product has been corrected;12

other operations, to be specified. Examples:

(a) for a wine originating in area B which has been fortified, indicate B(5);

(b) for a grape must originating in area C III(b) which has been acidified, indicate C III(b)(2).

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.

2.2.

Indications referring to the net quantity

(a) 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;

(b) of other products in hectolitres or litres must be expressed by the symbols hl or l.

A tolerance of 1,5 % of the total net quantity may be allowed when indicating the quantity of products carried in bulk.

C.

SPECIAL STAMP REFERRED TO IN POINT (b)(i) OF THE FIRST SUBPARAGRAPH OF ARTICLE 10(3)

1. Symbol of Member State

1. Competent authority with territorial responsibility

1. Authentication

D.

INDICATIONS REFERRED TO IN ARTICLE 13(2)

In BulgarianИзнесено: Декларация за износ № … от [дата]In CroatianIzvezeno: Izvozna deklaracija br. … [datum]In CzechVyvezeno: Vývozní prohlášení č. … ze dne [datum]In DanishUdførsel: Udførselsangivelse-nr.: … af [dato]In DutchUitgevoerd: Uitvoeraangifte nr. … van [datum]In EnglishExported: Export declaration No … of [date]In EstonianEksporditud: Ekspordideklaratsiooni nr …, … [kuupäev]

In FinnishViety: Vienti-ilmoitus nro …, … [päiväys]In FrenchExporté: Déclaration d'exportation no … du [date]In GermanAusgeführt: Ausfuhranmeldung Nr. … vom [Datum]In GreekΕξαχθέν: Δήλωση εξαγωγής αριθ. … της [ημερομηνία]In HungarianExportálva: Exportnyilatkozat-sz.: …, [dátum]In ItalianEsportato: Dichiarazione di esportazione n. … del [data]In LatvianEksportēts: [datums] Eksporta deklarācija Nr. …In LithuanianEksportuota: Eksporto deklaracija Nr. …, [data]In MalteseEsportat: Dikjarazzjoni tal-esportazzjoni nru … ta' [data]In PolishWywieziono: Zgłoszenie eksportowe nr … z dnia [data]In PortugueseExportado: Declaração de exportação n.o … de [data]In RomanianExportat: Declarație de export nr. … din [data]In SlovakVyvezené: Vývozné vyhlásenie č. … zo dňa [dátum]In SlovenianIzvoženo: Izvozna deklaracija št. … z dne [datum]In SpanishExportado: Declaración de exportación no … de [fecha]In SwedishExporterad: Export deklaration nr … av den [datum].

Annex

ANNEX VI

CERTIFICATE OF 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 WINES OF THE UNION

(Articles 11(1) and 12(1))

PART I

Relevant information referred to in Article 11(1) or Article 12(1)(a)

Information to be mentioned in box 17l of the accompanying document or on the commercial document used in accordance with Article 21(6) of Directive 2008/118/EC or with Article 12(1)(a) of this Regulation

I, undersigned, responsible for the products listed here, certify that they were produced and bottled in [Member State or European Union] and that:

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

(a) protected designation of origin (PDO) or protected geographical indication (PGI) No […, …] registered in the E-Bacchus register set up by the Union, in accordance with Article 18 of Regulation (EC) No 607/2009;

(b) the vintage year, in accordance with the rules provided for in Article 120 of Regulation (EU) No 1308/2013;

(c) the wine-grape variety(ies) (varietal wines), in accordance with the rules provided for in Article 81 and 120 of Regulation (EU) No 1308/2013;

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

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

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

Signature and Date

Name and title of producer/processor

Administrative reference assigned by the competent authority

ARC number or MVV code

PART II

Specific certificate for export referred to Article 12(1)(b)

A.

TEMPLATE

The consignor or representative certifying the above information

(Article 12(2) of Delegated Regulation (EU) 2018/273)

WINE EXPORT CERTIFICATE

For wines exported from the European Union to …

This is a multi-purpose certificate, established in accordance with Article 12 of Delegated Regulation (EU) 2018/273 used for

Certificate of Origin, Certificate of Health and Certificate of Authenticity

European Union

1. Consignor:

2a.

Identification:

A.

Exporter:

Aa.

Identification:

1. Place of dispatch:

A1.

Premises:

1. Identity of means of transport (nature):

1. Reference:

B.

Importer:

Ba.

Place of delivery:

17p.

Description

17df.

Quantity (Litres)

Details

17l.

Certification:

I, undersigned, responsible for these products for export, certify the following information:

The products listed above were produced and bottled in the European Union/in …

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

The products were produced by normal and 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 European Union.

The products listed above were produced and bottled under EU rules as wines with:

☐

protected designation of origin (PDO) or protected geographical indication (PGI) registered in E-Bacchus register set up by the EU in accordance with Article 18 of Regulation (EC) No 607/2009

☐

indication of the vintage year in accordance with the rules provided for in Article 120 of Regulation (EU) No 1308/2013

☐

indication of the wine grape variety(ies) (varietal wines) in accordance with the rules provided for in Articles 81 and 120 of Regulation (EU) No 1308/2013.

Complementary certification (optional)

Logo of the Member State

1. The control authorities confirm that the consignor of the wine products described in this certificate is registered by and attached to … with the obligation that all wine products shall be registered and subject to supervision and inspection by the competent authorities.

1. Signature

Date:

18a.

Unique administrative reference assigned by the competent authorities

Name and title

(points (a)(i) and (iii) of the first subparagraph of Article 10(1) of Delegated Regulation (EU) 2018/273)

ARC/MVV

B.

REQUIREMENTS FOR THE USE OF THE SPECIFIC CERTIFICATE FOR EXPORT

The information to be provided on the certificate referred to in Article 12(1)(b) shall be presented in the form of the entries set out in column No 1 in the following table.

Those entries are identified by the numbers and letters shown in column No 2 of the following table:

12

Consignor: full name and address including post code

Identification: the System of Exchange of Excise Data (SEED) excise number) or reference to the number in the list or register provided for in Article 8(3) of Commission Delegated Regulation (EU) 2018/273.

No 2Place of dispatch: the actual place of dispatch, if the goods are not dispatched from the address given for the consignorNo 3Exporter: full name and addressNo APremises: the actual place of dispatch, if the goods are not dispatched from the address given for the exporterNo A1Identity of means of transport: container, ship, airplane ….No 5Reference: name and identity of the means of transportNo 6Importer: full name and addressNo BPlace of delivery: the actual place of delivery, if the goods are not delivered to the address given for the importerNo Ba

Logo of the Member State of dispatch and name, address and contact point of the competent authority responsible for checking the consignor at the place of dispatch

Optional specific requirements: confirmation by the control authorities that An internal quality control for the compliance of the products has been put in place.

No 10Description of the product: in accordance with Regulation (EU) No 1308/2013 and any national rules which apply, in particular compulsory indications. The details of the description may be given in separate documents referred to in this box.No 17pQuantity: — for products in bulk, the total net quantity, — for packaged products, the number of containers usedNo 17d/f

Certification:

Certification of origin or provenance and compliance with provisions governing the production and release for direct human consumption under Union law and by normal and approved methods of production (oenological practices, processing aids and additives);

Certification of the PDO or PGI, certification of the vintage year or of the wine grape variety(ies), in accordance with Regulation (EU) No 1308/2013.

Complementary certification (optional): may be added by the consignor in the form of optional entries as follows:

My company has implemented a quality assurance system

The manufacture and sale of the above mentioned products are authorised in the EU according to EU and national legislation

Samples of the products are randomly selected and examined in official laboratories

Based on analysis from a third party, the level of radioactivity in terms of Caesium 134 + 137 for these products does not exceed [is] … Bq/kg (see documentation, tests reports attached)

Other certification

No 17l

Signature, name and title of the signatory and date of signatureNo 18Reference number: each certificate must bear a reference number which identifies it in the consignor's accounts. This number is, where applicable, the ARC number or the MVV code assigned to the accompanying document in its administrative or commercial form.No 18a

Annex

ANNEX VII

REQUIREMENTS FOR THE VI-1 DOCUMENT AND VI-2 EXTRACTS

PART I

Specimen of the VI-1 document referred to in Article 22

Delete as appropriate.

Put an X in the appropriate box.

1. Exporter (name and address)

THIRD COUNTRY OF ISSUE:VI 1Serial NoDOCUMENT FOR THE IMPORT OF WINE, GRAPE JUICE OR GRAPE MUST INTO THE EUROPEAN UNION

1. Consignee (name and address)

1. Customs stamp (for official EU use only)

1. Means of transport and transport details

1. Place of unloading (if different from 2)

1. Description of the imported product

1. Quantity in l/hl/kg

1. Number of containers

1. CERTIFICATE

The product described above ☐ is/☐ is not intended for direct human consumption, complies with the Union definitions or categories of grapevine products and has been produced using oenological practices ☐ recommended and published by the OIV/☐ authorised by the Union.

Full name and address of the competent body:Place and date:Stamp:Signature, name and title of official:

1. ANALYSIS REPORT (describing the analytical characteristics of the product described above)

FOR GRAPE MUST AND GRAPE JUICE

—

Density:

FOR WINE AND GRAPE MUST STILL IN FERMENTATION

—

Total alcoholic strength:

—

Actual alcoholic strength:

FOR ALL PRODUCTS

—

Total dry extract:

—

Total sulphur dioxide:

—

Total acidity:

—

Volatile acidity:

—

Citric acidity:

Full name and address of the designated body or department (laboratory):Stamp:

Place and date:

Signature, name and title of official:

Attribution (entry into free circulation and issue of extracts)

Quantity

1. No and date of the customs document of release into free circulation and of the extract

1. Full name and address of consignee (extract)

1. Stamp of the competent authority

AvailableAttributedAvailableAttributedAvailableAttributedAvailableAttributed

1. Other remarks

PART II

Specimen of the VI-2 extract referred to in Article 22

Delete as appropriate.

Put an X in the appropriate box.

EUROPEAN UNIONMEMBER STATE OF ISSUE:

1. Consignor (name and address)

VI 2Serial NoEXTRACT OF A DOCUMENT FOR THE IMPORT OF WINE, GRAPE JUICE OR GRAPE MUST INTO THE EUROPEAN UNION

1. Consignee (name and address)

1. Extract VI 1 document

1. Extract of VI 2 extract

NoNoIssued by (name of third country):Stamped by (full name and address of the customs office within the Union):On:On:

1. Description of the imported product

1. Quantity in l/hl/kg

1. Number of containers

1. CONSIGNOR'S DECLARATION

The VI 1 document referred to in box 3 ☐/The extract referred to in box 4 ☐ was completed in respect of the product described above and comprises:

☐ a CERTIFICATE to the effect that the product described above ☐ is/☐ is not intended for direct human consumption, complies with the Union definitions or categories of grapevine products and has been produced using oenological practices ☐ recommended and published by the OIV/☐ authorised by the Union.

☐ an ANALYSIS REPORT showing that the product has the following analytical characteristics:

FOR GRAPE MUST AND GRAPE JUICE

—

Density:

FOR WINE AND GRAPE MUST STILL IN FERMENTATION

—

Total alcoholic strength:

—

Actual alcoholic strength:

FOR ALL PRODUCTS

—

Total dry extract:

—

Total sulphur dioxide:

—

Total acidity:

—

Volatile acidity:

—

Citric acidity:

☐ an ENDORSEMENT from the competent body certifying that:

—

the wine covered by this document is certified as having been produced in the wine-growing region and was given the geographical indication shown in box 5 in accordance with the provisions of the country of origin.

—

the alcohol added to this wine is certified as being wine alcohol.

Signature:

1. CUSTOMS

Declaration certified as true

Place and date:

Signature:

Stamp:Full name and address of the customs office concerned:

Attribution (entry into free circulation and issue of extracts)

Quantity

1. No and date of the customs document of release into free circulation and of the extract

1. Full name and address of consignee (extract)

1. Stamp of the competent authority

AvailableAttributedAvailableAttributedAvailableAttributedAvailableAttributed

1. Other remarks

PART III

Instructions for filling in the VI-1 document and the VI-2 extracts

The VI-1 document and the VI-2 extracts shall be filled in either in typescript or by hand, or by equivalent technical means recognised by an official body. Handwritten extracts shall be completed in ink and in capital letters. No erasures or overwriting shall be permitted. Any alterations shall be made by crossing out the incorrect particulars and, where appropriate, adding those required. Any change made in this way shall be approved by its author and stamped, as the case may be, by the competent body, the designated laboratory or the customs authorities.

A.

Printing of the VI-1 document and VI-2 extracts

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

1. 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.

B.

Completing the VI-1 document and VI-2 extracts

The document or extracts shall be completed in the language in which they are printed.

Each document or extract shall bear a serial number allocated:

(a) in the case of the VI-1 document, by the competent body signing the certificate part,

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

C.

Content

Box 1Exporter: full name and address in the third country concernedBox 2Consignee: full name and address in the EU

Box 4

(VI-1 document) Means of transport and transport details:

Only refer to transport used for delivery to the point of entry in the EU

Specify mode of transport (ship, air, etc.); state name of ship, etc.

Box 6

(Box 5 for VI-2) Description of the imported product:

Sale designation (as appears on the label, such as name of producer and wine-growing region, brand name, etc.),

Name of the country of origin,

Name of the geographical indication, provided the wine qualifies for such a geographical indication,

Actual alcohol strength by volume,

Colour of the product (state red, rosé, pink or white only),

Combined Nomenclature code (CN code).

PART IV

List of third countries referred to in Article 21(b), Article 26 and Article 27

A.

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

Australia

Chile.

B.

List of third countries referred to in Article 26:

Australia

Chile

United States of America.

C.

List of third countries referred to in Article 27:

—.