Regulation (EC) No 436/2009 is amended as follows:
Article 21 shall be replaced by the following:
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.’;
Article 22(d), (e) and (f) are deleted;
Articles 23 and 24 shall be replaced by the following:
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:
one of the documents referred to in Article 21(6) or Article 26(1)(a) of Council Directive 2008/118/EC(1) for products moved under duty suspension arrangements within the Union’s territory;
the simplified accompanying document referred to in Article 34(1) of Directive 2008/118/EC, drawn up and used in accordance with Commission Regulation (EEC) No 3649/92(2), for excise goods moved within the Union’s territory, after release for consumption in the Member State where the transport operation began;
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.’;
Article 26 shall be replaced by the following:
The accompanying document shall be deemed to be authentic under the following conditions:
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;
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;
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;
otherwise, provided that the original accompanying document and a copy are validated prior to dispatch:
by the date, the signature of the person in charge of the competent body and the stamp affixed by this person; or
by the date, the signature of the consignor and affixing by the consignor, as appropriate:
of a special stamp in accordance with the model referred to in Annex VIII,
of a stamp prescribed by the competent authorities, or
of a mark of a stamping machine approved by the competent authorities.
The special stamp or the prescribed stamp, referred to in point d(ii) of the first paragraph above may be pre-printed on the forms, where printing is carried out by a printer approved for that purpose.’;
Article 27 is amended as follows:
paragraph 1 is deleted;
paragraph 2 shall be replaced by the following:
‘2.Where the wine products circulate under cover of a document referred to in Article 24(1)(a)(i), proof of exit from the Union’s customs territory shall be constituted by the report of export referred to in Article 25 of Directive 2008/118/EC, drawn up by the customs office of export in accordance with Article 796e of Commission Regulation (EEC) No 2454/93(3).
Where the wine products circulate under cover of the document referred to in Article 24(1)(a)(iii), proof of exit from the Union’s customs territory shall be established in accordance with Article 796e of Regulation (EEC) No 2454/93. In that case, the consignor or the consignor’s agent shall record the reference of the export accompanying document referred to in Article 796a of Regulation (EEC) No 2454/93, hereinafter the “EAD”, issued by the customs office of export on the accompanying document, using one of the references set out in Annex IX to this Regulation.’;
paragraph 4 is deleted;
Article 28 is deleted;
Articles 29, 30 and 31 are replaced by the following:
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:
products originating in the Union, of a quantity of more than 60 litres:
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;
partially fermented grape must;
concentrated grape must, whether or not rectified;
fresh grape must with fermentation arrested by the addition of alcohol;
grape juice;
concentrated grape juice;
products not originating in the Union, of a quantity of more than 60 litres:
fresh grapes, excluding table grapes;
grape must;
concentrated grape must;
partially fermented grape must;
concentrated grape must, whether or not rectified;
fresh grape must with fermentation arrested by the addition of alcohol;
grape juice;
concentrated grape juice;
liqueur wine for the preparation of products not falling within CN code 2204;
products, irrespective of their origin and the amount transported, without prejudice to the exemptions referred to in Article 25:
wine lees;
grape marc intended for distillation or another form of industrial processing;
piquette;
wine fortified for distillation;
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;
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;’
Article 39(1) is amended as follows:
point (d) shall be replaced by the following:
each wine of a wine-grape variety not covered by a PDO or PGI and the products intended for processing into such a wine or packaging, with the reference of their classification pursuant to Article 120a of Regulation (EC) No 1234/2007;’;
the following point (e) is added:
each wine not covered by a PDO or PGI and the products intended for processing or packaging, with the indication of the vintage year.’;
Article 41(1)(u) is deleted;
the following paragraph is added to Article 49:
‘4.The Member States shall communicate, before 1 January 2013, the conditions that they apply with respect to drawing up the accompanying document referred to in Article 24(1)(b).’;
a new paragraph 5 is added to Article 50:
‘5.Information shall be communicated and made available by the Commission to the authorities, bodies and persons affected by this Regulation and, where applicable, to the public, through the information systems put in place by the Commission.
The practical rules in relation to access to the information systems are set out in Annex IXb.’;
Annex VI is amended in accordance with Annex I to this Regulation;
Annex VII is deleted;
Annexes VIII and IX are replaced by the wording in Annex II to this Regulation;
new Annexes IXa and IXb, the wording of which is in Annex III to this Regulation, shall be added.