CHAPTER IVU.K.ACCOMPANYING DOCUMENTS AND RULES FOR IMPORTS OF WINE PRODUCTS

[F1SECTION IU.K.ACCOMPANYING DOCUMENTS FOR MONITORING AND CERTIFICATION OF WINE PRODUCTS

F2Article 8U.K.General rules

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Textual Amendments

F2Arts. 8-10 omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 24(5)

F2Article 9U.K.Exemptions

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Textual Amendments

F2Arts. 8-10 omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 24(5)

F2Article 10U.K.Recognised accompanying documents

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Textual Amendments

F2Arts. 8-10 omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 24(5)

Article 11U.K.Certification of the origin or provenance, characteristics, vintage or wine grape variety and PDO or PGI

1.The documents referred to in [F3paragraph 4] shall be regarded as certifying the origin or provenance, quality and characteristics of the wine product, the vintage year or the grape variety or varieties from which it is produced and, where applicable, the PDO or PGI [F4if they comply with the conditions laid down in paragraphs 5 and 6 and Annex 5]. To this effect, the consignor or an authorised person acting on behalf of the consignor shall fill in in box 17l of those documents the relevant information set out in Part I of Annex VI.

2.The consignor shall certify the accuracy of the information required pursuant to paragraph 1 on the basis of the inward and outward register to be kept in accordance with Chapter V or the certified information in the documents accompanying the previous consignments of the product in question and official conformity checks carried out by the competent authorities in accordance with Chapter VII.

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[F64.The documents referred to in paragraph 1 are:

(a)a printed copy of an electronic administrative document that complies with the requirements for that document specified in HMRC Notice 197 and on which the unique administrative reference code assigned to the document is given;

(b)a paper document of the type specified in regulation 60(2)(b) of the 2010 Regulations that complies with the requirements set out in regulation 60(2A) of the 2010 Regulations;

(c)any other commercial document on which the unique administrative reference code is clearly stated;

(d)in the case of the movement within Great Britain under duty suspension arrangements of wine and made-wine to which regulation 62(2) of the 2010 Regulations applies, a paper document of the type specified in regulation 62(3)(a) or (b) of the 2010 Regulations.

5.Where used for the purpose specified in paragraph 1, a document referred to in paragraph 4 must include the information indicated in Section A of Annex 5 or allow the competent authorities to have access to that information.

6.Where that document bears a unique administrative reference code number assigned by the computerised system, the information referred to in Section A of Annex 5 to this Regulation must be held in the system used.

7.In the case of a wine product produced in Northern Ireland, a document recognised as an accompanying document for that type of product when transported in Northern Ireland or the European Union under Article 10 of EU Regulation 2018/273 certifies, as relevant, the following characteristics of the wine product to which it relates:

(a)the origin or provenance;

(b)the quality and characteristics of the wine product;

(c)the vintage year;

(d)the grape variety or varieties from which it is produced;

(e)the PDO or PGI.

8.In this Article:

(a)‘EU Regulation 2018/273’ means Commission Delegated Regulation (EU) 2018/273 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 as it has effect in Northern Ireland by virtue of section 7A of the European Union (Withdrawal) Act 2018;

(b)‘the electronic administrative document’ has the meaning given in regulation 3(1) of the 2010 Regulations.]

Textual Amendments

F3Words in Art. 11(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 24(6)(a)(i)

F4Words in Art. 11(1) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 24(6)(a)(ii)

F5Art. 11(3) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 24(6)(b)

F6Art. 11(4)-(8) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 24(6)(c)

Article 12U.K.Certification of exported wine products

1.Whenever the competent authorities of the third country of destination require a certification as referred to in Article 11 for wine products dispatched to that third country, that certification shall take one of the following forms:

(a)the electronic administrative document or [F7the document referred to in Article 11(4)(b) or (c)], provided that the consignor or an authorised person acting on behalf of the consignor indicates the relevant information set out in Part I of Annex VI to this Regulation;

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

[F8(c)in the case of a GB Annex 15 wine exported from Great Britain into a member State, an Appendix C certificate.]

2.The certificate referred to in point (b) of paragraph 1 shall be deemed to be authentic when validated by the date and the signature of the consignor or an authorised person acting on behalf of the consignor and when the ARC number F9... assigned by the competent authority to the accompanying document has been indicated by the consignor on the certificate as administrative reference.

3.Article 11(2) F10... shall apply mutatis mutandis to the certification referred to in paragraph 1.

Textual Amendments

F7Words in Art. 12(1)(a) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 24(7)(a)

F8Art. 12(1)(c) inserted (1.1.2022) by The Wine (Amendment) Regulations 2021 (S.I. 2021/1471), regs. 1(1), 5(4)

F9Words in Art. 12(2) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 24(7)(b)

F10Words in Art. 12(3) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 24(7)(c)