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

THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007, and in particular Articles 69, 89, 145(4), 147(3) and 223(2) thereof and point 5 of Section D of Part II of Annex VIII to that Regulation,
OJ L 347, 20.12.2013, p. 671.
Having regard to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008, and in particular Articles 64(6) and 89(5) thereof,
OJ L 347, 20.12.2013, p. 549.
Whereas:
(1) Regulation (EU) No 1308/2013 has repealed and replaced Council Regulation (EC) No 1234/2007. Chapter III of Title I and Section 2 of Chapter II of Title II of Part II of Regulation (EU) No 1308/2013 contain rules as regards the scheme of authorisations for vine plantings and its management, the vineyard register, accompanying documents and certification, inward and outward register, and communication requirements in the wine sector and empower the Commission to adopt delegated and implementing acts in that respect. Those acts should replace the relevant provisions of Commission Regulations (EC) No 555/2008 and (EC) No 436/2009, as well as some provisions of Commission Regulations (EC) No 606/2009 and (EC) No 607/2009 concerning certification of varietal wines and administrative rules relating to inward and outward registers. In the interest of simplification, the new delegated act should also incorporate the provisions of Commission Delegated Regulation (EU) 2015/560.
Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (OJ L 299, 16.11.2007, p. 1).
Commission Regulation (EC) No 555/2008 of 27 June 2008 laying down detailed rules for implementing Council Regulation (EC) No 479/2008 on the common organisation of the market in wine as regards support programmes, trade with third countries, production potential and on controls in the wine sector (OJ L 170, 30.6.2008, p. 1).
Commission Regulation (EC) No 436/2009 of 26 May 2009 laying down detailed rules for the application of Council Regulation (EC) No 479/2008 as regards the vineyard register, compulsory declarations and the gathering of information to monitor the wine market, the documents accompanying consignments of wine products and the wine sector registers to be kept (OJ L 128, 27.5.2009, p. 15).
Commission Regulation (EC) No 606/2009 of 10 July 2009 laying down certain detailed rules for implementing Council Regulation (EC) No 479/2008 as regards the categories of grapevine products, oenological practices and the applicable restrictions (OJ L 193, 24.7.2009, p. 1).
Commission Regulation (EC) No 607/2009 of 14 July 2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products (OJ L 193, 24.7.2009, p. 60).
Commission Delegated Regulation (EU) 2015/560 of 15 December 2014 supplementing 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. 1).
(2) In the interest of legal certainty, certain terms used in this Regulation and in Commission Implementing Regulation (EU) 2018/274 should be defined. It is appropriate to define the different types of vine areas and operators in relation to the specific rights and requirements provided for each of them in both Regulations.
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 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 (See page 60 of this Official Journal).
(3) Article 62 of Regulation (EU) No 1308/2013 lays down the general requirement for the Member States to grant an authorisation for vine plantings upon submission of an application by producers intending to plant or replant vines. However, pursuant to paragraph 4 of that Article, certain areas are exempted from the scheme of authorisations. It is necessary to lay down rules on the conditions for the application of that exemption. The areas intended for experimental purposes or for graft nurseries should only be used for the specified purposes in order to avoid the circumvention of the new scheme. Grapevine products made from such areas should not be marketed unless Member States consider that there are no risks of market disturbance. Existing wine-growing experiments and graft nurseries should be allowed to continue under the rules applicable to them before the entry into force of Delegated Regulation (EU) 2015/560. In order to guarantee that areas whose wine or vine products are intended solely for the consumption by the winegrower's household do not contribute to market disturbances, it is appropriate to lay down a size limit and make the exemption subject to the condition that the winegrower is not involved in commercial wine production. For the same reason, such exemption should also be extended to organisations without a commercial activity. In respect of areas established by a producer having lost a certain area planted with vines due to compulsory purchases in the public interest under national law, a condition as regards the maximum surface of the new area should be laid down, so as to avoid undermining the general objectives of the scheme of authorisations for vine plantings.
(4) Article 64(1) and (2) of Regulation (EU) No 1308/2013 lays down rules concerning the granting of authorisations for new plantings and sets out eligibility and priority criteria that Member States may apply. Specific conditions associated to some of the eligibility and priority criteria should be laid down in order to establish a level playing field for their implementation and to avoid the circumvention of the system of authorisations by producers being granted authorisations. In addition, the three additional criteria introduced by Delegated Regulation (EU) 2015/560 should be maintained: an eligibility criterion on the misappropriation of reputation of protected geographical indications; a priority criterion favouring those producers that comply with the rules of the scheme and do not have abandoned vineyards in their holding; and a priority criterion favouring non-profit organisations with a social purpose having received lands confiscated in case of terrorism and other types of crime. The eligibility criterion responds to the need of protecting the reputation of specific geographical indications in a similar manner as the reputation of specific designations of origin, ensuring that they are not threatened by new plantings. The first priority criterion favours certain applicants on the basis of their background that shows their respect for the rules of the authorisations scheme and that they are not applying for authorisations for new plantings while having areas planted with vines out of production which could generate authorisations for replanting. The second priority criterion aims at favouring non-profit organisations with a social purpose having received lands confiscated in case of terrorism and other types of crime, in order to promote the social use of land that could risk otherwise being out of production.
(5) Taking into account Article 118 of Regulation (EU) No 1306/2013 and in order to address natural and socioeconomic differences and different growth strategies by the economic actors in those different areas within a particular territory, Member States should be permitted to apply the eligibility criteria and priority criteria referred to in Article 64(1) and (2) of Regulation (EU) No 1308/2013, as well as the three additional eligibility and priority criteria, differently at regional level, for specific areas eligible for a protected designation of origin (‘PDO’), for specific areas eligible for a protected geographical indication (‘PGI’) or for areas without a geographical indication. Such differences in the application of those criteria in the different areas of a particular territory should always be based on the differences between those areas.
(6) In order to respond to cases of circumvention not anticipated by this Regulation, Member States should adopt measures to avoid the circumvention of eligibility or priority criteria by applicants of authorisations where their actions are not already covered by the specific anti-circumvention provisions laid down in this Regulation with regard to the specific eligibility and priority criteria.
(7) Article 66(2) of Regulation (EU) No 1308/2013 provides for the possibility of co-existence of vines that the producer has undertaken to grub up with newly planted vines. In order to prevent irregularities, Member States should have the possibility to ensure by the appropriate means that the undertaking to grub up is carried out, including the requirement to lodge a security accompanying the granting of an authorisation for anticipated replanting. In addition it is necessary to specify that in case the grubbing up is not carried out within the 4-year deadline set out in that provision, the vines planted in the pledged area are to be considered as non-authorised.
(8) Article 66(3) of Regulation (EU) No 1308/2013 allows Member States to restrict the replanting in areas eligible for the production of wines with protected designations of origin or protected geographical indications, on the basis of a recommendation from recognised and representative professional organisations. The grounds or reasons for such decisions of restriction should be defined in order to clarify the limits of their scope, while ensuring the coherence of the scheme and avoiding its circumvention. It should be ensured that the automaticity in granting authorisations for replantings established in Article 66(1) of Regulation (EU) No 1308/2013 does not hinder the possibility of Member States to limit the issuing of authorisations for specific areas in accordance with Article 63(2)(b) and (3) of that Regulation. Nevertheless it should be clarified that certain specific cases may not be considered as a circumvention of the scheme.
(9) Article 145 of Regulation (EU) No 1308/2013 provides that certain Member States are to keep a vineyard register containing up-to-date information about the production potential. The details of the information to be included in the vineyard register should be laid down in this Regulation.
(10) Pursuant to Article 147(1) of Regulation (EU) No 1308/2013, wine products may be put into circulation within the territory of the Union only with an officially authorised accompanying document. Rules on the use of that accompanying document should be laid down.
(11) Experience in Member States has shown that the scope of the exemptions from the obligation of transporting wine products with an accompanying document may cover wider distances and a wider range of operations, thus facilitating wine movements, without preventing a satisfactory level of traceability of wine products. In particular, grape juice and must falling within CN codes 2009 61 and 2009 69 delivered to operators not involved in winemaking should also be exempted since those operators are not subject to control by the authorities in charge of the wine sector and the traceability of those products can be ensured by means of a commercial document.
(12) Council Directive 2008/118/EC contains harmonised arrangements for certain excise goods, including certain alcoholic beverages, and provides for an electronic administrative document and other documents that must accompany consignments of such goods. With a view to establishing uniform rules applicable within the Union and simplifying administrative formalities for operators, it is appropriate to provide that documents accompanying consignments of wine products for the purpose of applying excise rules are also considered as recognised accompanying documents within the meaning of Regulation (EU) No 1308/2013.
Council Directive 2008/118/EC of 16 December 2008 concerning the general arrangements for excise duty and repealing Directive 92/12/EEC (OJ L 9, 14.1.2009, p. 12).
(13) Taking into account Article 40 of Directive 2008/118/EC and in order to accelerate the administrative formalities for operators and present higher guarantees of reliability for the certification and traceability of wine products, the use of a simplified information system for issuing electronic accompanying documents put in place by the Member States providing the use of a commercial document containing at least the details necessary for identifying the product and for tracking its movement should be recognised as regards consignments of wine products from small producers and consignments of wine products not subject to excise duty. However, in order to allow the Member States that do not use yet such an information system to set it up, a transitional period should be provided during which both paper and electronic accompanying documents may be used.
(14) Taking into account Article 30 of Directive 2008/118/EC, Member States should be allowed to use simplified procedures and documents that enable them to monitor the movement of wine products carried out exclusively on their territory.
(15) The accompanying documents may also serve to certify certain characteristics of wine products in general and their vintage year or wine grape varieties and their PDO or PGI in particular. In order to ensure equal treatment of all operators, this Regulation should lay down the conditions under which the accompanying documents can be used for the purpose of such certification. In order to simplify administrative formalities for operators and to remove the burden of routine tasks from the competent authorities, provision should be made for the latter to authorise consignors to fill in and self-certify in the accompanying documents the origin or provenance and characteristics of the wine products, the vintage year or the grape variety(ies) from which the products are produced and the PDO or PGI of the wine.
(16) Where specific certificates concerning the characteristics of the wine products have to be provided by operators at the request of third countries, this Regulation should offer the possibility to use a certification for exported wine products and provide for the conditions for its authenticity and use.
(17) In addition to the accompanying documents, supplementary documents, such as export declarations, are required by the customs rules as proof of export of wine products. Additional procedures should therefore be laid down for drawing up and validating those documents in accordance with the rules laid down in or under Regulation (EU) No 952/2013 of the European Parliament and of the Council.
Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).
(18) Wine products transported in bulk are more susceptible to fraudulent practices than labelled bottled products fitted with a non-reusable closing device. Therefore, prior information of the competent authority at the place of loading on the details included in the accompanying document should be required for such consignments, unless an information system is used allowing the competent authority at the place of unloading to be informed of those details.
(19) To facilitate checks by the competent authorities of transports of consignments of third country products released into free circulation or of Union products that were initially exported and then reimported into the Union, a reference to the documents used for the release into free circulation or, in the case of products originating in the Union, to the accompanying document issued for the initial dispatch or other accepted document proving the origin of the products should be required on the documents accompanying the consignments of such products after release into free circulation.
(20) In the interest of legal certainty, rules should be laid down to harmonise the action to be taken by the consignee in case of refusal of a product transported under cover of an accompanying document and to specify under the cover of which accompanying document the product may subsequently be transported.
(21) To address cases where the competent authority finds or has a justified reason to suspect that a serious infringement of Union or national rules in the wine sector as regards the transport of wine products under the cover of accompanying documents or the production conditions or composition of such products has been committed by a consignor and with a view to enabling the competent authorities to monitor the subsequent movement or to decide on the future use of the product in question, it is appropriate to lay down detailed provisions regarding the procedure that may be required by the competent authority as regards the accompanying documents and the exchange of information and mutual assistance between competent authorities in such instances.
(22) In order to ensure a deterrent effect or to restore legality in the event of non-serious infringements relating to accompanying documents for transports of wine products, rules should be laid down that enable the competent authority that discovered the irregularities to take appropriate measures to regularise such transport or to take proportionate measures in respect of the irregularities, including a ban on the marketing of the products in question, and to inform the competent authority at the place of loading.
(23) In the interest of legal certainty, it is appropriate that rules relating to cases of force majeure or to unforeseen incidents in the course of transport are provided so that the carrier is aware of what is required to regularise the transport operation in question.
(24) Article 90 of Regulation (EU) No 1308/2013 provides that the imported wine products covered by that Article are to be accompanied by a certificate drawn up by a competent body in the product's country of origin and an analysis report drawn up by a body or department designated by the third country of origin. In order to reduce the number of documents required for imports into the Union and facilitate checks by the competent authorities of the Member States, that certificate and that analysis report should be combined to be integrated in one single document, the VI-1 document. With a view to ensuring legal certainty and facilitating trade, provision should be made for such document to be regarded as certifying the characteristics of the wine product, the vintage year or grape variety(ies) or a PDO or PGI.
(25) For the sake of harmonisation and to alleviate the administrative burden both for operators and Member States, the exemptions from the requirement to present a VI-1 document for wine products being imported into the Union should be brought in line with the exemptions applicable to documents accompanying consignments of wine products after their release into free circulation within the Union, with the Union system of reliefs from customs duty laid down in Council Regulation (EC) No 1186/2009 and with exemptions stemming from specific conventions on diplomatic relations concluded with third countries.
Council Regulation (EC) No 1186/2009 of 16 November 2009 setting up a Community system of reliefs from customs duty (OJ L 324, 10.12.2009, p. 23).
(26) In order to allow the competent authorities of the Member States to apply harmonised procedures and use the same type of document no matter the Member State of destination of the imported products, a specimen of the VI-1 document and its extract, the VI-2 extract, should be provided, as well as details relating to the procedure to be followed for their issuing.
(27) Rules for the use of the VI-1 document and of the VI-2 extract should be laid down to ensure that all parties concerned follow the same procedure to release a consignment into free circulation. Taking into account the commercial practice, it should be clarified that where a consignment of wine is split up, competent authorities should be empowered to have extracts of the VI-1 document drawn up under their supervision to accompany each new consignment resulting from the splitting.
(28) With a view to facilitating trade and simplify indirect imports, it is appropriate to lay down rules specifying the cases where no further analyses are required for imports from a third country other than the country of origin of the wine product.
(29) With a view to addressing the particularities of specific wines such as liqueur wines and wines fortified for distillation as well as wines bearing a geographical indication, rules should be laid down in relation to the use of the VI-1 document for consignments of such wines. In order to alleviate the task of the exporters and the authorities, presenting the VI-1 document should be enough to certify the geographical indication or vinous origin of the alcohol added to liqueur wines or wines fortified for distillation, provided certain conditions are fulfilled.
(30) With a view to facilitating trade with third countries that concluded agreements with the Union which include clauses concerning closer cooperation on the prevention of fraud and that maintain good trade relations with the Union, it is appropriate to authorise producers in those countries to issue VI-1 documents themselves and to consider those documents as documents issued by competent bodies of, or bodies or departments designated by, the third countries as referred to in Article 90 of Regulation (EU) No 1308/2013, in a manner similar to that already allowed for wines of Union origin.
(31) Taking into account the development of computerised systems in the wine sector and in order to facilitate the monitoring of the movements and checks of wine products, it is appropriate to authorise also the use of computerised systems and electronic documents to be issued by competent bodies of third countries or directly by the operators in third countries under supervision of their competent authorities. Nevertheless, the use of computerised systems should be subject to the respect of certain minimum conditions and to the recognition by the Union that the system of checks established in a third country offers sufficient guarantees as regards the nature, the origin and the traceability of the wine products imported in the Union from that third country. It is therefore necessary to lay down those minimum conditions. In order to simplify and accelerate procedures for both operators and competent authorities for issuing VI-2 extracts, it is appropriate to allow the Member States' authorities to issue such extracts by means of computerised systems, according to procedures to be established by them.
(32) Under Article 147(2) of Regulation (EU) No 1308/2013, natural or legal persons who hold wine products are to keep an inward and outward register in respect of those products. However, for certain operators whose stocks or sales do not exceed certain thresholds or who sell only in their premises, keeping a register would constitute a disproportionate burden. Therefore, they should be exempted from this obligation. Member States should keep a list of those operators obliged to keep an inward and outward register for transparency and control purposes. Also, in order to ensure the traceability and the monitoring of the movement and stocking of wine products, rules should be laid down concerning the need of a separate register for each undertaking, details on how to keep it as well as the operations to be recorded in the register.
(33) This Regulation should provide common rules applicable to all operators. With a view to facilitating checks, Member States should nevertheless be able to establish complementary rules on registration particulars concerning certain products or operations to be included in the register and to require operators to notify certain treatments to be recorded in the register. However, since those notifications could cause disproportionate administrative burdens for certain operators, it is justified to restrict the possibility of Member States to require such notifications.
(34) In order to facilitate the collection of market information data for monitoring and market management while limiting the administrative burden, provisions should be laid down to ensure that production and stock declarations are submitted by the operators concerned established in Member States which are obliged to maintain a vineyard register. However, Member States which are not obliged to maintain a vineyard register should be given the possibility to require such declarations. In order to avoid the duplication of data, those Members States that have implemented a vineyard register containing annually updated information on the area planted with vines in relation to each winegrower should be able to exempt operators from declaring the area in the production declarations.
(35) With the aim of improving traceability and market management, Member States should be allowed to collect complementary data regarding the production of grapes and must intended for winemaking. For this purpose Member States should be allowed to require harvest declarations.
(36) With the aim of improving traceability and market management, Member States should be allowed to collect data about operations that may take place between the actual harvest date and the dates for submission of the production and harvest declarations concerning the treatment or marketing of the harvested grapes and resulting must or grape juice.
(37) For the sake of improved transparency and market management, the rules laid down in this Regulation should not impede Member States from requesting more comprehensive information. In addition, in cases of absence of production or stocks, Member States should be allowed to exempt operators from submitting declarations.
(38) For the purposes of Article 89 of Regulation (EU) No 1306/2013, uniform rules should be laid down on checks to be carried out in relation to the internal market. Therefore, the authorities responsible for monitoring the holding and marketing of wine products should be provided with the necessary instruments for carrying out effective checks in accordance with uniform rules applicable throughout the Union as regards the production potential, vineyard register, accompanying documents, certification and inward and outward register.
(39) In order to guarantee the smooth operation of checks and sampling of grapes and wine products, provisions should be adopted to prevent parties subject to checks from obstructing those checks and to oblige them to facilitate sampling and provide the information required pursuant to this Regulation.
(40) With a view to providing Member States with efficient tools to address the risk of fraudulent manipulation of wine, the analytical databank of isotopic data referred to in Article 89(5) of Regulation (EU) No 1306/2013 has been established at and is managed by the European reference centre for the control in the wine sector set up within the Joint Research Centre. The use of reference isotopic methods of analysis ensures effective checks relating to the enrichment of wine products or the discovery of the addition of water to such products. Along with other analytical techniques, the analytical data bank of isotopic data helps to verify conformity of wine products with the declared origin and variety. To this end, provisions should be laid down for the use of reference isotopic analysis methods and for the keeping and updating of the analytical databank.
(41) Member States should ensure the effectiveness of the work of the authorities responsible for wine-sector checks. To that end, check operations should be coordinated between the competent authorities in Member States where several authorities are in charge of wine-sector checks and Member States should designate a single body responsible for liaison between them and with the Commission.
(42) In order to facilitate checks throughout the Union, Member States should take the necessary steps to ensure that the officials of the competent authorities have adequate powers of investigation to guarantee compliance with the rules.
(43) With a view to ensuring traceability of wine products and compliance with Union rules in the wine sector, coordination of checks and access to information by the competent authorities in the wine sector should be maintained. To fully meet this coordinated approach, the various authorities involved in the checks of wine products subject to excise duty should have access to the information on the movements of these products carried out under Directive 2008/118/EC and Regulation (EC) No 684/2009. For this purpose, it is appropriate that account be taken of the computerised system for the movement and surveillance of excisable products set up by Decision No 1152/2003/EC of the European Parliament and of the Council.
Decision No 1152/2003/EC of the European Parliament and of the Council of 16 June 2003 on computerising the movement and surveillance of excisable products (OJ L 162, 1.7.2003, p. 5).
(44) The interdependence of wine-sector markets and the trade between Member States and third countries calls for close cooperation between the various authorities responsible for checks. For the purpose of effective collaboration between the Member States in applying wine-sector rules, Member States' competent authorities should be able to liaise with competent authorities in another Member State. To this end, the rules governing mutual assistance on request should be laid down. With the aim of simplifying the administration of expenditure relating to the taking and dispatching of samples, analysis and organoleptic testing and employing the services of an expert, the principle should be established that such expenditure is to be borne by the competent authority of the Member State ordering the sampling or the services of an expert.
(45) In order to enhance the effectiveness of mutual assistance of competent authorities, this Regulation should contain a provision on the conclusive force of the findings from checks carried out pursuant to this Regulation in a Member State different from the Member State where the check was carried out.
(46) In order to combat fraud effectively, to avoid serious risks of fraud or to take appropriate action in cases of suspicion of or detected non-compliance of wine products with Union rules, the liaison bodies of the Member States concerned should be able to notify each other about such cases. For this purpose, the Member States concerned should use the information systems made available by the Commission.
(47) Article 64 of Regulation (EU) No 1306/2013 provides for administrative penalties in cases of non-compliance in relation to eligibility criteria, commitments and other obligations resulting from the application of sectorial agricultural legislation. Pursuant to Article 71(4) of Regulation (EU) No 1308/2013 administrative penalties are to be provided for in relation to non-authorised plantings. In order to ensure the deterrent effect, Member States should be able to graduate those penalties according to the commercial value of the wines produced in the vineyards concerned. The minimum value of those penalties should correspond to the average yearly income per hectare of vine areas at Union level, measured in gross margin per hectare of vine areas. A progressive graduation should be established from this minimum value, depending on the time of non-compliance. Member States should also be given the possibility to apply higher minimum penalties to producers in a certain area, where the minimum value established at Union level represents less than the estimated average yearly income per hectare of the area concerned. Such increase in the minimum value of penalties should be proportional to the estimated average yearly income per hectare for the area where the non-authorised vine area is located.
(48) In view of the need to ensure swift and effective protection of consumers, it is essential to provide for the possibility of suspending the use of the accompanying documents and certification procedures by operators found or suspected of non-compliance with the Union rules on production or transport of wine products or the use of simplified arrangements or electronic procedures for imports in the event of fraud or a health risk to consumers.
(49) In order to ensure an effective application of this Regulation and a proper monitoring of the wine market, penalties with a deterrent effect to be applied by Member States according to the severity and reoccurrence of the non-compliance should be provided for cases where the obligations to keep the inward and outward register, submit declarations or make notifications are not respected.
(50) In order to ensure fair treatment of operators, rules should be laid down for cases of obvious errors and exceptional circumstances.
(51) In accordance with Article 223 of Regulation (EU) No 1308/2013, rules should be laid down on the notifications to be made to the Commission by Member States. To this end, it is appropriate to lay down the nature and type of the information to be provided and the conditions of publication of that information.
(52) In order to facilitate the checking of the documents for the import of wine products issued by third countries, the Commission should list and make public the competent bodies, designated bodies or departments and authorised wine producers notified by third countries for the purpose of drawing up such documents. With a view to facilitating the communication and assistance requests between Member States and the Commission, on the one hand, and third countries, on the other hand, the liaison body designated in each third country to be in contact with the Commission and the Member States should also be made public by the Commission.
(53) In order to ensure the quality of the wine products, provisions should be laid down for the implementation of the prohibition of over-pressing of grapes. The verification of the correct application of that prohibition requires an adequate monitoring of the by-products resulting from winemaking and their final use. To this end, rules on the minimum percentage of alcohol contained in the by-products after the pressing of grapes should be fixed, as well as on the conditions for the mandatory disposal of by-products held by any natural or legal persons or groups of persons, under the supervision of Member States' competent authorities. Since such conditions are directly connected with the winemaking process, they should be listed together with the oenological practices and applicable restrictions for the production of wine set out in Regulation (EC) No 606/2009. That Regulation should therefore be amended accordingly.
(54) In the interest of clarity and legal certainty, the provisions of Regulations (EC) No 555/2008, (EC) No 606/2009 and (EC) No 607/2009 that are replaced by this Regulation and Implementing Regulation (EU) 2018/274 should be deleted. For the same reason, Regulation (EC) No 436/2009 and Delegated Regulation (EU) 2015/560 should be repealed,
HAS ADOPTED THIS REGULATION:

CHAPTER I INTRODUCTORY PROVISIONS

Article 1 Subject matter
This Regulation lays down rules supplementing Regulations (EU) No 1306/2013 and (EU) No 1308/2013, respectively, as regards:
(a) ...
Art. 1(a) 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(2)(a)
(b) the vineyard register;
(c) recognised accompanying documents and certification of wine;
Words in Art. 1(c) substituted (1.1.2022) by The Wine (Amendment) Regulations 2021 (S.I. 2021/1471), regs. 1(1), 5(2)
(d) the inward and outward register;
(e) ...
Art. 1(e) 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(2)(a)
(f) checks ...;
Words in Art. 1(f) 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(2)(b)
(g) competent authorities ...;
Words in Art. 1(g) 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(2)(c)
(h) penalties;
(i) the publication of information.
Art. 1(i) 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(2)(d)

Article 2 Definitions
1. For the purposes of this Regulation and Implementing Regulation (EU) 2018/274, the following definitions shall apply:
(a) ‘winegrower’ means a natural or legal person, or a group of natural or legal persons, whatever legal status is granted to the group and its members by national law, whose holding is situated within Great Britain in conjunction with Article 355 of the Treaty on the Functioning of the European Union, and who holds an area planted with vines where the produce of this area is used for the commercial production of wine products, or the area benefits from the exemptions for experimental purposes ...;
Words in Art. 2(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(3)(a)(i)(aa)
Words in Art. 2(1)(a) 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(3)(a)(i)(bb)
(b) ‘wine products’ means the products listed in Part XII of Annex I to Regulation (EU) No 1308/2013, except wine vinegar falling within CN codes 2209 00 11 and 2209 00 19;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 2(1)(c)(d) 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(3)(a)(ii)
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) ‘harvester’ means a natural or legal person or a group of such persons, whatever legal status is granted to the group and its members by national law, who gathers the harvest of grapes from an area planted with vines in order to market those grapes for the production of wine products by third parties, or to process them into wine products in his holding, or have them processed on his behalf, with commercial purposes;
(f) ‘processor’ means a natural or legal person or a group of such persons, whatever legal status is granted to the group and its members by national law, by whom or on whose behalf the processing of wines is carried out, the result of which being wines, liqueur wines, sparkling and semi-sparkling wines, aerated sparkling and semi-sparkling wines, quality sparkling wines or quality aromatic sparkling wines;
(g) ‘retailer’ means a natural or legal person or a group of such persons, whatever legal status is granted to the group and its members by national law, whose business activity includes the sale directly to the consumer of wine and must in small quantities, ... having regard to the special features of trade and distribution, but excluding persons who use cellars equipped for storing or facilities for bottling wine in large quantities, and those who engage in itinerant trading in wine transported in bulk;
Words in Art. 2(1)(g) 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(3)(a)(iii)
(h) ‘bottling’ means putting up wine as a final product for commercial purposes in containers of a capacity not exceeding 60 litres;
(i) ‘bottler’ means a natural or legal person or a group of such persons, whatever legal status is granted to the group and its members by national law, carrying out bottling of wine or having bottling carried out on his behalf;
(j) ‘merchant’ means a natural or legal person or a group of such persons, whatever legal status is granted to the group and its members by national law, other than private consumers or retailers, who holds stocks of wine products with commercial purposes or is involved in their trade and possibly also bottles them, except distilleries;
(k) ‘wine year’ means the marketing year for the wine sector as referred to in Article 6(d) of Regulation (EU) No 1308/2013.
(l) ‘the 2010 Regulations’ means the Excise Goods (Holding, Movement and Duty Point) Regulations 2010;
Art. 2(1)(l)-(u) 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(3)(a)(iv)
(la) ‘Annex 15 to the TCA’ means Annex 15 (trade in wine) to the Trade and Cooperation Agreement;
Art. 2(1)(la)(lb) inserted (1.1.2022) by The Wine (Amendment) Regulations 2021 (S.I. 2021/1471), regs. 1(1), 5(3)(a)
(lb) ‘Appendix C certificate’ means the certificate referred to in Article 3(1) of Annex 15 to the TCA (certification requirements);
(m) ‘ARC’ means the unique administrative reference code;
(n) ‘the competent authority’, in relation to a function to be exercised in Great Britain, or any part of it, means the person designated to carry out that function by regulation 4 of the Wine Regulations 2011 as it extends to Great Britain;
(o) ‘computerised system’ has the meaning given by regulation 3(1) of the 2010 Regulations;
(p) ‘export’ means , unless the contrary intention appears, export from Great Britain to a third country;
Words in Art. 2(1)(p) inserted (1.1.2022) by The Wine (Amendment) Regulations 2021 (S.I. 2021/1471), regs. 1(1), 5(3)(b)
(pa) ‘GB Annex 15 wine’ has the meaning given in Article 19a(b);
Art. 2(1)(pa)(pb) inserted (1.1.2022) by The Wine (Amendment) Regulations 2021 (S.I. 2021/1471), regs. 1(1), 5(3)(c)
(pb) ‘Harmonized System’ means the 2017 edition of the Harmonized Commodity Description and Coding System provided for under the International Convention on the Harmonized System as done in Brussels on 14 June 1983;
(q) ‘HMRC Notice 197’ means the notice numbered 197 published by HMRC under regulation 56(2) of the 2010 Regulations as that notice stands on IP completion day;
(r) ‘import’ means import into Great Britain from a third country;
(s) ‘assimilated law’ has the meaning given in section 6(7) of the European Union (Withdrawal) Act 2018 but does not include any legislation so far as it extends to Northern Ireland;
Word in Art. 2(1)(s) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 122(2)(a)
(t) ‘third country’ means any country, other than the United Kingdom, and includes:
(i) the Bailiwick of Guernsey;
(ii) the Bailiwick of Jersey;
(iii) the Isle of Man;
(ta) ‘the Trade and Cooperation Agreement’ has the same meaning as in section 37(1) of the European Union (Future Relationship) Act 2020;
Art. 2(1)(ta) inserted (1.1.2022) by The Wine (Amendment) Regulations 2021 (S.I. 2021/1471), regs. 1(1), 5(3)(d)
(u) ‘unique administrative reference code’ has the meaning given in regulation 3(1) of the 2010 Regulations.
2. For the purposes of Chapters 4, 5, 7 and 8 of this Regulation, with the exception of Article 47, and Chapters IV to VII of Implementing Regulation (EU) 2018/274, ‘producer’ means a natural or legal person or a group of such persons, whatever legal status is granted to the group and its members by national law, who processes himself fresh grapes, musts or new wine still in fermentation into wine or must with commercial purposes, or has them processed on his behalf.
Words in Art. 2(2) 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(3)(b)
Words in Art. 2(2) omitted (E.) (1.1.2024) by virtue of The Wine (Revocation and Consequential Provision) Regulations 2023 (S.I. 2023/1362), reg. 1(2), Sch. 2 para. 3(2)
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 2(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(3)(c)

CHAPTER II SCHEME OF AUTHORISATIONS FOR VINE PLANTINGS

Article 3 Areas exempted from the scheme of authorisations for vine plantings
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 4 Criteria for granting authorisations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 5 Authorisations for anticipated replanting
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 6 Replanting restrictions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ch. 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(4)

CHAPTER III VINEYARD REGISTER

Article 7 Minimum information contained in the vineyard register
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ch. 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(4)

CHAPTER IV ACCOMPANYING DOCUMENTS AND RULES FOR IMPORTS OF WINE PRODUCTS

SECTION I ACCOMPANYING DOCUMENTS FOR MONITORING AND CERTIFICATION OF WINE PRODUCTS

Article 8 General rules
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Arts. 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 9 Exemptions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 10 Recognised accompanying documents
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 11 Certification of the origin or provenance, characteristics, vintage or wine grape variety and PDO or PGI
1. The documents referred to in paragraph 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 if 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.
Words 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)
Words 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)
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.
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 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)
4. 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.
Art. 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)
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.

Article 12 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 the 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;
Words 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)
(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.
(c) in the case of a GB Annex 15 wine exported from Great Britain into a member State, an Appendix C certificate.
Art. 12(1)(c) inserted (1.1.2022) by The Wine (Amendment) Regulations 2021 (S.I. 2021/1471), regs. 1(1), 5(4)
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 ... assigned by the competent authority to the accompanying document has been indicated by the consignor on the certificate as administrative reference.
Words 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)
3. Article 11(2) ... shall apply mutatis mutandis to the certification referred to in paragraph 1.
Words 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)

Article 13 Documents used as proof of export
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Arts. 13-19 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(8)

Article 14 Consignment of unpackaged wine products
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 15 Consignments of third country products or of Union products initially exported to a third country
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 16 Refusal by the consignee
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 17 Validation of the accompanying document in case of a serious infringement or non-compliance
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 18 Measures in case of infringements relating to the accompanying documents other than serious infringements
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 19 Force majeure or unforeseen incidents
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ch. 4 Section 1 revoked (E.) (1.1.2024) by The Wine (Revocation and Consequential Provision) Regulations 2023 (S.I. 2023/1362), reg. 1(2), Sch. 1

SECTION 1A GB ANNEX 15 WINES: EXPORT FROM GREAT BRITAIN TO A MEMBER STATE

Article 19a Interpretation
For the purpose of this Section:
(a) ‘a competent authority of a member State’ means a competent authority in a member State responsible for carrying out checks relating to the documents accompanying wine imported into the European Union pursuant to 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 and cognate expressions are to be construed accordingly;
(b) ‘GB Annex 15 wine’ means a wine that:
(i) falls under Heading 22.04 of the Harmonized System, and
(ii) has been produced in Great Britain;
(c) ‘the OIV Compendium’ means the 2021 Edition of the Compendium of International Methods of Analysis of Wines and Musts in two volumes (ISBN 978-2-85038-034-1 and ISBN 978-2-85038-033-4) published by the International Organisation of Vine and Wine in Paris;
(d) a wine is a wine ‘produced in Great Britain’ if it would be regarded as such applying the definition of ‘wine produced in’ in Article 1(2) (definitions) of Annex 15 to the TCA but with that definition being applied as if for ‘the exporting Party’ there was substituted ‘Great Britain’.

Article 19b English and Welsh Annex 15 wine: supervision of production and inspection
1. For the purpose of the application of the certification arrangements to which Article 3 of Annex 15 to the TCA applies, the Agency is designated as the competent authority responsible for supervising the production, and inspection, of English Annex 15 wine and Welsh Annex 15 wine that is intended for export to a member State or that may be exported to a member State
2. A person (‘a wine producer’) producing English Annex 15 wine or Welsh Annex 15 wine to which paragraph 1 applies may apply to the Agency for the Agency to supervise the production of, and inspect, that wine to check that:
(a) the wine complies with the relevant product definition for the wine referred to in Article 2.2.a of Annex 15 to the TCA, as read with point (a) (product definitions) of the paragraph in the section in Appendix 15-A to that Annex entitled ‘Laws and regulations of the United Kingdom’, and
(b) the wine is produced in accordance with oenological practices authorised under:
(i) Article 2.2.b of Annex 15 to the TCA, as read with point (b) (oenological practices and restrictions) of the paragraph in the section in Appendix 15-A to that Annex entitled ‘Laws and regulations of the United Kingdom’;
(ii) Article 2.2.c of Annex 15 to the TCA, as read with Appendix 15-B to that Annex.
3. A wine producer who has made an application under paragraph 2 may ask the Agency at any time to stop supervising the production, and inspection, of the English Annex 15 wine or Welsh Annex 15 wine that the wine producer is producing.
4. The Agency, having received an application from a wine producer under paragraph 2, must supervise the production of, and inspect, the English Annex 15 wine or Welsh Annex 15 wine produced by the wine producer to check that it complies with the matters referred to in points (a) and (b) of paragraph 2 unless and until the wine producer asks the Agency to stop doing so under paragraph 3.
5. The supervision of the production, and inspection, of English Annex 15 wine and Welsh Annex 15 wine pursuant to paragraph 4 may be:
(a) carried out by the Agency in such manner and at such intervals as it considers appropriate from time to time;
(b) carried out by the Agency on a risk-basis;
(c) supplemented by the Agency with random inspections from time to time.
6. Any analytical check carried out by the Agency when carrying out its functions under this Article must be carried out using an appropriate reference method in the OIV Compendium.
7. The Agency may carry out such other non-analytical checks as appear appropriate to it from time to time in connection with its functions under this Article and may do so in such manner as appears appropriate to it from time to time.
8. Nothing in this Article prevents the Agency carrying out any of its enforcement functions, or functions as a competent authority, under the Wine Regulations 2011.
9. In this Article:
(a) ‘the Agency’ means the Food Standards Agency;
(b) ‘English Annex 15 wine’ means a wine that:
(i) falls under Heading 22.04 of the Harmonized System, and
(ii) has been produced in England;
(c) ‘Welsh Annex 15 wine’ means a wine that:
(i) falls under Heading 22.04 of the Harmonized System, and
(ii) has been produced in Wales;
(d) a wine is a wine ‘produced in England’ if it would be regarded as such applying the definition of ‘wine produced in’ in Article 1(2) of Annex 15 to the TCA but with that definition being applied as if for ‘the exporting Party’ there was substituted ‘England’;
(e) a wine is a wine ‘produced in Wales’ if it would be regarded as such applying the definition of ‘wine produced in’ in Article 1(2) of Annex 15 to the TCA but with that definition being applied as if for ‘the exporting Party’ there was substituted ‘Wales’.

Article 19c Scottish Annex 15 wine: supervision of production and inspection
1. For the purpose of the application of the certification arrangements to which Article 3 of Annex 15 to the TCA applies, FSS is designated as the competent authority responsible for supervising the production, and inspection, of Scottish Annex 15 wine that is intended for export to a member State or that may be exported to a member State.
2. A person (‘a wine producer’) producing Scottish Annex 15 wine to which paragraph 1 applies may apply to FSS for FSS to supervise the production of, and inspect, that wine to check that:
(a) the wine complies with the relevant product definition for the wine referred to in Article 2.2.a of Annex 15 to the TCA, as read with point (a) (product definitions) of the paragraph in the section in Appendix 15-A to that Annex entitled ‘Laws and regulations of the United Kingdom’, and
(b) the wine is produced in accordance with oenological practices authorised under:
(i) Article 2.2.b of Annex 15 to the TCA, as read with point (b) (oenological practices and restrictions) of the paragraph in the section in Appendix 15-A to that Annex entitled ‘Laws and regulations of the United Kingdom’;
(ii) Article 2.2.c of Annex 15 to the TCA, as read with Appendix 15-B to that Annex.
3. A wine producer who has made an application under paragraph 2 may ask FSS at any time to stop supervising the production, and inspection, of Scottish Annex 15 wine that the wine producer is producing.
4. FSS, having received an application from a wine producer under paragraph 2, must supervise the production of, and inspect, the Scottish Annex 15 wine produced by the wine producer to check that it complies with the matters referred to in points (a) and (b) of paragraph 2 unless and until the wine producer asks FSS to stop doing so under paragraph 3.
5. The supervision of the production, and inspection, of Scottish Annex 15 wine pursuant to paragraph 4 may be:
(a) carried out by FSS in such manner and at such intervals as it considers appropriate from time to time;
(b) carried out by FSS on a risk-basis;
(c) supplemented by FSS with random inspections from time to time.
6. Any analytical check carried out by FSS when carrying out its functions under this Article must be carried out using an appropriate reference method in the OIV Compendium.
7. FSS may carry out such other non-analytical checks as appear appropriate to it from time to time in connection with its functions under this Article and may do so in such manner as appears appropriate to it from time to time.
8. Nothing in this Article prevents FSS carrying out any of its enforcement functions, or functions as a competent authority, under the Wine Regulations 2011.
9. In this Article:
(a) ‘FSS’ means the Food Standards Scotland;
(b) ‘Scottish Annex 15 wine’ means a wine that:
(i) falls under Heading 22.04 of the Harmonized System, and
(ii) has been produced in Scotland;
(c) a wine is a wine ‘produced in Scotland’ if it would be regarded as such applying the definition of ‘wine produced in’ in Article 1(2) of Annex 15 to the TCA but with that definition being applied as if for ‘the exporting Party’ there was substituted ‘Scotland’.

Article 19d Checking of Appendix C certificates: export of GB Annex 15 wine from England to a member State
1. For the purpose of Article 3(1) of Annex 15 to the TCA, the Secretary of State is designated as the competent authority responsible for checking that the information contained in an Appendix C certificate relating to a GB Annex 15 wine that is intended to be exported from England to a member State is correct.
2. The Secretary of State, in checking Appendix C certificates for GB Annex 15 wine that is intended to be exported from England to a member State, may:
(a) check every Appendix C certificate;
(b) carry out checks of Appendix C certificates at such intervals as considered appropriate by the Secretary of State from time to time;
(c) carry out checks of Appendix C certificates on a risk-basis;
(d) carry out checks of Appendix C certificates on a random basis.
3. A person intending to export GB Annex 15 wine from England to a member State may submit an Appendix C certificate for the GB Annex 15 wine to the Secretary of State to check.
4. Where an Appendix C certificate is submitted to the Secretary of State under paragraph 3, the Secretary of State must check the certificate.
5. In relation to GB Annex 15 wine that has been exported from England to a member State, where a request is made to the Secretary of State by the competent authority of the member State to which the wine was exported, or by the competent authority of the member State in which the wine is currently situated, to check the Appendix C certificate relating to that wine, the Secretary of State must carry out checks to determine whether the information contained in the Appendix C certificate relating to the wine is correct.
6. Where an Appendix C certificate is submitted to the Secretary of State under paragraph 3, or a request is made to the Secretary of State in respect of an Appendix C certificate by a competent authority of a member State under paragraph 5, and the Secretary of State is satisfied that the information contained in the certificate relating to a GB Annex 15 wine is correct, the Secretary of State must notify the person who submitted the certificate under paragraph 3 or the competent authority, as the case may be, of the Secretary of State’s determination.
7. In relation to an Appendix C certificate being checked by the Secretary of State relating to a GB Annex 15 wine that is intended to be exported from England to a member State, or that has been exported from England to a member State, where the Secretary of State determines that any information contained in the Appendix C certificate is incorrect or the Secretary of State is unable (for whatever reason) to make a determination:
(a) the Secretary of State must notify the following of the determination or the Secretary of State’s inability to make a determination:
(i) the person named as the consignor on the Appendix C certificate;
(ii) where the wine to which the Appendix C certificate relates has been exported to a member State:
(aa) in a case where a request has been made under paragraph 5, the competent authority that made the request;
(bb) in any other case, a competent authority of the member State to which the wine was exported;
(b) the Appendix C certificate is to be treated as a certificate that has not been authenticated for the purposes of Article 3(1) of Annex 15 to the TCA.
8. Any analytical check carried out by the Secretary of State when carrying out the Secretary of State’s function under this Article must be carried out using an appropriate reference method in the OIV Compendium.
9. The Secretary of State may carry out such other non-analytical checks as appear appropriate to the Secretary of State from time to time in connection with the Secretary of State’s function under this Article and may do so in such manner as appears appropriate to the Secretary of State from time to time.
10. In this Article, in relation to an Appendix C certificate relating to a GB Annex 15 wine, ‘being checked by the Secretary of State’ means being checked by the Secretary of State:
(a) at the Secretary of State’s own volition, or
(b) following a request made under paragraph 3 or 5.

Article 19e Checking of Appendix C certificates: export of GB Annex 15 wine from Scotland to a member State
1. For the purpose of Article 3(1) of Annex 15 to the TCA, the Scottish Ministers are designated as the competent authority responsible for checking that the information contained in an Appendix C certificate relating to a GB Annex 15 wine that is intended to be exported from Scotland to a member State is correct.
2. The Scottish Ministers, in checking Appendix C certificates completed for GB Annex 15 wine that is intended to be exported from Scotland to a member State, may:
(a) check every Appendix C certificate;
(b) carry out checks of Appendix C certificates at such intervals as considered appropriate by the Scottish Ministers from time to time;
(c) carry out checks of Appendix C certificates on a risk-basis;
(d) carry out checks of Appendix C certificates on a random basis.
3. A person intending to export GB Annex 15 wine from Scotland to a member State may submit an Appendix C certificate for the GB Annex 15 wine to the Scottish Ministers to check.
4. Where an Appendix C certificate is submitted to the Scottish Ministers under paragraph 3, the Scottish Ministers must check the certificate.
5. In relation to GB Annex 15 wine that has been exported from Scotland to a member State, where a request is made to the Scottish Ministers by the competent authority of the member State to which the wine was exported, or by the competent authority of the member State in which the wine is currently situated, to check the Appendix C certificate relating to that wine, the Scottish Ministers must carry out checks to determine whether the information contained in the Appendix C certificate relating to the wine is correct.
6. Where an Appendix C certificate is submitted to the Scottish Ministers under paragraph 3, or a request is made to the Scottish Ministers in respect of an Appendix C certificate by a competent authority of a member State under paragraph 5, and the Scottish Ministers are satisfied that the information contained in the certificate relating to a GB Annex 15 wine is correct, the Scottish Ministers must notify the person who submitted the certificate under paragraph 3 or the competent authority, as the case may be, of the Scottish Ministers’ determination.
7. In relation to an Appendix C certificate being checked by the Scottish Ministers relating to a GB Annex 15 wine that is intended to be exported from Scotland to a member State, or that has been exported from Scotland to a member State, where the Scottish Ministers determine that any information contained in the Appendix C certificate is incorrect or the Scottish Ministers are unable (for whatever reason) to make a determination:
(a) the Scottish Ministers must notify the following of the determination or the Scottish Ministers’ inability to make a determination:
(i) the person named as the consignor on the Appendix C certificate;
(ii) where the wine to which the Appendix C certificate relates has been exported to a member State;
(aa) in a case where a request has been made under paragraph 5, the competent authority that made the request;
(bb) in any other case, a competent authority of the member State to which the wine was exported;
(b) the Appendix C certificate is to be treated as a certificate that has not been authenticated for the purposes of Article 3(1) of Annex 15 to the TCA.
8. Any analytical check carried out by the Scottish Ministers when carrying out their function under this Article must be carried out using an appropriate reference method in the OIV Compendium.
9. The Scottish Ministers may carry out such other non-analytical checks as appear appropriate to the Scottish Ministers from time to time in connection with their function under this Article and may do so in such manner as appears appropriate to the Scottish Ministers from time to time.
10. In this Article, in relation to an Appendix C certificate relating to a GB Annex 15 wine, ‘being checked by the Scottish Ministers’ means being checked by the Scottish Ministers:
(a) at the Scottish Ministers’ own volition, or
(b) following a request made under paragraph 3 or 5.

Article 19f Checking of Appendix C certificates: export of GB Annex 15 wine from Wales to a member State
1. For the purpose of Article 3(1) of Annex 15 to the TCA, the Welsh Ministers are designated as the competent authority responsible for checking that the information contained in an Appendix C certificate relating to a GB Annex 15 wine that is intended to be exported from Wales to a member State is correct.
2. The Welsh Ministers, in checking Appendix C certificates completed for GB Annex 15 wine that is intended to be exported from Wales to a member State, may:
(a) check every Appendix C certificate;
(b) carry out checks of Appendix C certificates at such intervals as considered appropriate by the Welsh Ministers from time to time;
(c) carry out checks of Appendix C certificates on a risk-basis;
(d) carry out checks of Appendix C certificates on a random basis.
3. A person intending to export GB Annex 15 wine from Wales to a member State may submit an Appendix C certificate for the GB Annex 15 wine to the Welsh Ministers to check.
4. Where an Appendix C certificate is submitted to the Welsh Ministers under paragraph 3, the Welsh Ministers must check the certificate.
5. In relation to GB Annex 15 wine that has been exported from Wales to a member State, where a request is made to the Welsh Ministers by the competent authority of the member State to which the wine was exported, or by the competent authority of the member State in which the wine is currently situated, to check the Appendix C certificate relating to that wine, the Welsh Ministers must carry out checks to determine whether the information contained in the Appendix C certificate relating to the wine is correct.
6. Where an Appendix C certificate is submitted to the Welsh Ministers under paragraph 3, or a request is made to the Welsh Ministers in respect of an Appendix C certificate by a competent authority of a member State under paragraph 5, and the Welsh Ministers are satisfied that the information contained in the certificate relating to a GB Annex 15 wine is correct, the Welsh Ministers must notify the person who submitted the certificate under paragraph 3 or the competent authority, as the case may be, of the Welsh Ministers’ determination.
7. In relation to an Appendix C certificate being checked by the Welsh Ministers relating to a GB Annex 15 wine that is intended to be exported from Wales to a member State, or that has been exported from Wales to a member State, where the Welsh Ministers determine that any information contained in the Appendix C certificate is incorrect or the Welsh Ministers are unable (for whatever reason) to make a determination:
(a) the Welsh Ministers must notify the following of the determination or the Welsh Ministers’ inability to make a determination:
(i) the person named as the consignor on the Appendix C certificate;
(ii) where the wine to which the Appendix C certificate relates has been exported to a member State:
(aa) in a case where a request has been made under paragraph 5, the competent authority that made the request;
(bb) in any other case, a competent authority in the member State to which the wine was exported;
(b) the Appendix C certificate is to be treated as a certificate that has not been authenticated for the purposes of Article 3(1) of Annex 15 to the TCA.
8. Any analytical check carried out by the Welsh Ministers when carrying out their function under this Article must be carried out using an appropriate reference method in the OIV Compendium.
9. The Welsh Ministers may carry out such other non-analytical checks as appear appropriate to the Welsh Ministers from time to time in connection with their function under this Article and may do so in such manner as appears appropriate to the Welsh Ministers from time to time.
10. In this Article, in relation to an Appendix C certificate relating to a GB Annex 15 wine, ‘being checked by the Welsh Ministers’ means being checked by the Welsh Ministers:
(a) at the Welsh Ministers’ own volition, or
(b) following a request made under paragraph 3 or 5.

Article 19g Access to Appendix C certificates etc.
1. Where a competent authority of a member State requests electronic access to an Appendix C certificate for a GB Annex 15 wine exported from Great Britain to the member State, the appropriate authority must, where possible, provide electronic access to the relevant Appendix C certificate, or electronic access to the data on which the certificate is based, to the competent authority.
2. Where a request of the type specified in paragraph 1 has been made by a competent authority of a member State and there is no electronic system in place by which access to the Appendix C certificate, or the data on which the certificate is based, can be provided to the competent authority electronically, or it is not otherwise possible to provide electronic access as requested, the appropriate authority must provide the competent authority with a copy of the Appendix C certificate, or the data on which the certificate is based, in the form of a paper document.
3. In this Article, ‘the appropriate authority’ means:
(a) in relation to a GB Annex 15 wine exported to a member State from England, the Secretary of State;
(b) in relation to a GB Annex 15 wine exported to a member State from Scotland, the Scottish Ministers;
(c) in relation to a GB Annex 15 wine exported to a member State from Wales, the Welsh Ministers.
Ch. 4 Section 1A inserted (1.1.2022) by The Wine (Amendment) Regulations 2021 (S.I. 2021/1471), regs. 1(1), 5(5)(a), Sch.

SECTION II ACCOMPANYING DOCUMENTS FOR RELEASE OF IMPORTED WINE PRODUCTS INTO FREE CIRCULATION

Article 20 Certification of compliance of imported wine products
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Article 21 Exemptions
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Article 22 Rules for drawing up the VI-1 document and the VI-2 extract
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Article 23 Use of VI-1 document and VI-2 extracts
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Article 24 Use of VI-1 document in case of indirect imports
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Article 25 Special rules on certification for particular wines
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Article 26 Simplified procedure
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Article 27 Electronic document
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Ch. 4 Section 2 omitted (1.1.2022) by virtue of The Wine (Amendment) Regulations 2021 (S.I. 2021/1471), regs. 1(1), 5(5)(b)

CHAPTER V INWARD AND OUTWARD REGISTER

Article 28 Keeping of the inward and outward register
1. By way of derogation from Article 147(2) of Regulation (EU) No 1308/2013 and provided that the entries, withdrawals and stocks can be checked at any time on the basis of commercial documents used for financial accounts, the inward and outward register, in this Chapter referred to as ‘the register’, need not be kept by:
(a) operators who hold stocks of or offer for sale solely wine products in labelled containers of a nominal volume of 10 litres or less fitted with a non-reusable closing device, where the total quantity does not exceed 5 litres or 5 kilograms in the case of concentrated grape must, whether or not rectified, and 100 litres for all other products;
(b) operators selling drinks for consumption only on the premises;
Substituted by Commission Delegated Regulation (EU) 2019/840 of 12 March 2019 amending Delegated Regulation (EU) 2018/273 as regards the importation of wine originating in Canada and exempting retailers from holding an inward and outward register.
(c) retailers.
Inserted by Commission Delegated Regulation (EU) 2019/840 of 12 March 2019 amending Delegated Regulation (EU) 2018/273 as regards the importation of wine originating in Canada and exempting retailers from holding an inward and outward register.
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 28(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(17)(a)
3. The Food Standards Agency must draw up and keep up-to-date a list of operators obliged to keep the register. Where such a list, or a register, already exists for other purposes, it may also be used for the purposes of this Regulation in England and Wales and Food Standards Scotland must draw up and keep up-to-date a list of operators obliged to keep the register in Scotland.
Words in Art. 28(3) 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(17)(b)(i)
Words in Art. 28(3) 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(17)(b)(ii)
4. The register shall be kept individually for each undertaking.
Where retail stores which sell directly to the end user form part of one and the same undertaking and are supplied by one or more central warehouses belonging to that undertaking, each such central warehouses shall, without prejudice to point (a) of paragraph 1, keep the register as regards the products it supplies. Deliveries to the retail stores shall be recorded in the register as withdrawals.
5. The register shall be kept on the premises where the products are held.
However, and on condition that entries, withdrawals and stocks can be checked at all times at the actual place where the products are held on the basis of other supporting documents, the competent authorities may grant authorisation:
(a) for the register to be kept at the registered place of business of the undertaking, where products are held in various stores belonging to the same undertaking and situated in the same local administrative unit or in local administrative units situated in the immediate vicinity of each other;
(b) for the register to be kept by a specialist firm.

Article 29 Operations to be recorded in the register
1. Operators required to keep the register shall indicate the oenological practices, processing and treatments implemented by them, in accordance with requirements and oenological practices referred to in Article 78(2) and Article 80 of Regulation (EU) No 1308/2013 , regulations made under section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020 and Annexes I A and I D to Regulation (EC) No 606/2009, as well as the experimental use of new oenological practices, including an appropriate reference to the authorisation given by the Member State concerned in accordance with Article 4 of Regulation (EC) No 606/2009.
Words in Art. 29(1) inserted (S.) (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 8(2)
2. Where implemented, the operations concerning the following treatments shall be recorded in the register in accordance with Articles 16 and 17 of Implementing Regulation (EU) 2018/274, including, if provided for by Member States, appropriate references to notifications made to the competent authorities in accordance with Article 30(2):
(a) correction of the alcoholic strength of wine (Point 40 and Appendix 10 of Annex I A to Regulation (EC) No 606/2009) and reduction in sugar content of musts through membrane coupling (Point 49 and Appendix 16 of Annex I A to Regulation (EC) No 606/2009);
(b) enrichment and sweetening (Parts I A and B of Annex VIII to Regulation (EU) No 1308/2013; Articles 11 and 12 and Annexes I D and II to Regulation (EC) No 606/2009);
(c) acidification and de-acidification (Parts I C and D of Annex VIII to Regulation (EU) No 1308/2013; Article 13 and Points 12, 13, 46, 48 and 50 of Annex I A to Regulation (EC) No 606/2009);
(d) treatment with charcoal for oenological use (Point 9 of Annex I A to Regulation (EC) No 606/2009);
(e) treatment with potassium ferrocyanide (Point 26 of Annex I A to Regulation (EC) No 606/2009);
(f) treatment by electrodialysis or by cation exchanger to ensure the tartaric stabilisation of the wine or acidification by cation exchanger treatment (Points 20, 36 and 43 of Annex I A to Regulation (EC) No 606/2009);
(g) addition of dimethyldicarbonate (DMDC) to wine (Point 34 of Annex I A to Regulation (EC) No 606/2009);
(h) use of oak chips in winemaking (Points 38 and Appendix 9 of Annex I A to Regulation (EC) No 606/2009);
(i) experimental use of new oenological practices (Article 4 of Regulation (EC) No 606/2009);
(j) the management of dissolved gas in wine using membrane contactors (Point 52 of Annex I A of Regulation (EC) No 606/2009);
(k) treatment using a membrane technology coupled with activated carbon (Point 53 of Annex I A to Regulation (EC) No 606/2009);
(l) use of polyvinylimidazole-polyvinylpyrrolidone copolymers (Point 54 of Annex I A to Regulation (EC) No 606/2009);
(m) use of silver chloride (Point 55 of Annex I A to Regulation (EC) No 606/2009).
3. Where implemented, the following specific operations shall be recorded in the register:
(a) blending and coupage, as provided for in Articles 7 and 8 of Regulation (EC) No 606/2009;
(b) bottling;
(c) production of all categories of sparkling wine, semi-sparkling wine and aerated semi-sparkling wine;
(d) production of liqueur wine;
(e) production of concentrated grape must, whether or not rectified;
(f) production of fortifying wine for distillation;
Art. 29(3)(f) omitted (E.) (1.1.2024) by virtue of The Wine (Revocation and Consequential Provision) Regulations 2023 (S.I. 2023/1362), reg. 1(2), Sch. 2 para. 3(3)
(g) processing into any other product categories, such as aromatised wine.
In the case of bottling, the number of containers filled and their content shall be specified.

Article 30 National rules
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 30 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(18)

CHAPTER VI DECLARATIONS

Article 31 Production declarations
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Article 32 Stock declarations
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Article 33 Harvest declarations
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Article 34 Treatment or marketing declarations
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Article 35 Common provisions
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Ch. 6 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(19)

CHAPTER VII CHECKS, COMPETENT AUTHORITIES, MUTUAL ASSISTANCE AND PENALTIES

SECTION I CHECKS, COMPETENT AUTHORITIES, LIAISON BODIES AND MUTUAL ASSISTANCE

Article 36 General principles
1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 36(1) 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(20)(a)
2. Official checks shall be carried out by the competent authority or authorities in accordance with the general principles laid down in Regulation (EU) 2017/625 of the European Parliament and of the Council, without prejudice to the provisions of this Regulation and of Chapter VI of Implementing Regulation (EU) 2018/274.
Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (OJ L 95, 7.4.2017, p. 1).
...
Words in Art. 36(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(20)(b)
3. Paragraph 2 shall apply mutatis mutandis to the checks of wine products with a PDO or PGI provided for in Section 2 of Chapter I of Title II of Part II of Regulation (EU) No 1308/2013 as regards the compliance with requirements of product specifications of those products.
Words in Art. 36(3) 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(20)(c)

Article 37 Common provisions concerning checks
1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 37(1) 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(21)(a)
2. ... Administrative and on-the-spot checks must be carried out. On-the-spot checks shall be unannounced. However, provided that the purpose of the check is not compromised, advance notice limited to the strict minimum necessary may be given. Such notice shall not exceed 48 hours, except in duly justified cases or for those measures where systematic on-the-spot checks take place. They shall be performed by sampling an appropriate percentage of producers on the basis of a risk analysis. Every on-the-spot check shall be the subject of a control report which makes it possible to review the details of the checks carried out.
Words in Art. 37(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(21)(b)(i)
Words in Art. 37(2) 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(21)(b)(ii)
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 37(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(21)(c)
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 37(4) omitted (1.1.2022) by virtue of The Wine (Amendment) Regulations 2021 (S.I. 2021/1471), regs. 1(1), 5(6)

Article 38 Persons subject to checks
1. Natural or legal persons and groups of such persons whose professional activities are the subject of the checks referred to in this Regulation shall not obstruct such checks and shall be required to facilitate them at all times.
2. Operators from which samples are taken by officials of a competent authority:
(a) may not impede their collection in any way; and
(b) shall provide those officials with all the information required under this Regulation or under Implementing Regulation (EU) 2018/274.

Article 39 Analytical databank of isotopic data
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Art. 39 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(22)

Article 40 Liaison body
1. The Secretary of State is the liaison body responsible for official contact with:
(a) third countries relating to matters covered by this Regulation for wine and other wine products imported into Great Britain from a third country, or exported from Great Britain to a third country;
(b) Northern Ireland relating to matters covered by this Regulation for wine and other wine products moved into Great Britain from Northern Ireland, or moved from Great Britain to Northern Ireland.
2. But the Secretary of State must not act as the liaison body responsible for official contact with third countries and Northern Ireland pursuant to paragraph 1, without the consent of:
(a) the Scottish Ministers, in relation to wine and other wine products:
(i) imported into Great Britain from a third countries during any period those products are in Scotland;
(ii) originating in Scotland and exported from Great Britain to third countries;
(iii) originating elsewhere than in Scotland and exported from Scotland to third countries;
(iv) moved into Great Britain from Northern Ireland during any period those products are in Scotland;
(v) originating in Scotland and moved from Great Britain to Northern Ireland;
(vi) originating elsewhere than in Scotland and moved from Scotland to Northern Ireland;
(b) the Welsh Ministers, in relation to wine and other wine products:
(i) imported into Great Britain from third countries during any period those products are in Wales;
(ii) originating in Wales and exported from Great Britain to third countries;
(iii) originating elsewhere than in Wales and exported from Wales to a third country;
(iv) moved into Great Britain from Northern Ireland during any period those products are in Wales;
(v) originating in Wales and moved from Great Britain to Northern Ireland;
(vi) originating elsewhere than in Wales and moved from Wales to Northern Ireland.
Art. 40 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(23)

Article 41 Powers of officials
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Arts. 41-44 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(24)

Article 42 Coordination of checks and access to information
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Article 43 Mutual assistance
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Article 44 Conclusive force
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Article 45 Notification of suspicion of non-compliance
... Where the competent authorities ... 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 or with regulations made under section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020, the liaison body designated by Article 40 must, without delay, inform, as relevant, the authorities of Northern Ireland and any third country concerned .
Words in Art. 45 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(25)(a)
Words in Art. 45 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(25)(b)(i)
Words in Art. 45 inserted (S.) (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 8(3)
Words in Art. 45 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(25)(b)(ii)

SECTION II PENALTIES

Article 46 Penalties and cost recovery for non-authorised plantings
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Art. 46 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(26)

Article 47 Penalties relating to accompanying documents and VI-1 documents for non-conformity with certain rules in retained EU law
1. The application of Articles ... 11 and 12 may be suspended for operators ... where the competent authorities ... 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 or with regulations made under section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020.
Word in Art. 47(1) 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(27)(b)(i)
Words in Art. 47(1) 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(27)(b)(ii)
Words in Art. 47(1) 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(27)(b)(iii)
Words in Art. 47 inserted (S.) (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 8(4)
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 47(2) omitted (1.1.2022) by virtue of The Wine (Amendment) Regulations 2021 (S.I. 2021/1471), regs. 1(1), 5(7)
3. In this Article, ‘operators’ means winegrowers, harvesters, producers, processors, bottlers and merchants.
Art. 47(3) 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(27)(c)
Art. 47 revoked (E.) (1.1.2024) by The Wine (Revocation and Consequential Provision) Regulations 2023 (S.I. 2023/1362), reg. 1(2), Sch. 1
Words in Art. 47 heading 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(27)(a)

Article 48 Penalties for non-compliance with the obligations to keep the inward and outward register, submit declarations or make notifications
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Arts. 48-50 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(28)

Article 49 Exceptional circumstances and obvious errors
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CHAPTER VIII NOTIFICATIONS

Article 50 Nature and type of information to be notified
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Article 51 Publication of information
1. On the basis of notifications from the competent authorities of third countries, and ...the competent authority of Northern Ireland, the Secretary of State shall draw up and update a list containing the following information:
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 51(1)(a)-(c) omitted (1.1.2022) by virtue of The Wine (Amendment) Regulations 2021 (S.I. 2021/1471), regs. 1(1), 5(8)(a)(ii)
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) name and address of a single liaison body designated in Northern Ireland and each third country to receive and forward requests for administrative assistance and to represent its country vis-à-vis Great Britain.
Words in Art. 51(1)(d) 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(29)(b)(iii)(aa)
Words in Art. 51(1)(d) 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(29)(b)(iii)(bb)
Words in Art. 51(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(29)(b)(i)
Words in Art. 51(1) omitted (1.1.2022) by virtue of The Wine (Amendment) Regulations 2021 (S.I. 2021/1471), regs. 1(1), 5(8)(a)(i)(aa)
Words in Art. 51(1) substituted (1.1.2022) by The Wine (Amendment) Regulations 2021 (S.I. 2021/1471), regs. 1(1), 5(8)(a)(i)(bb)
2. The Secretary of State must publish, in such manner as appears appropriate to the Secretary of State from time to time:
(a) the names and addresses of the competent authorities in Great Britain responsible for carrying out official analyses, the administrative certification procedure and checks relating to registers and accompanying documents, and
(b) the list referred to in paragraph 1.
Word in Art. 51(2)(b) substituted (1.1.2022) by The Wine (Amendment) Regulations 2021 (S.I. 2021/1471), regs. 1(1), 5(8)(b)
Art. 51(2)(3) substituted for Art. 51(2) (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 24(29)(c)
3. But the Secretary of State must not publish the information ... specified in paragraph 2(a) without the consent of:
(a) insofar as the information ... will apply in relation to Scotland, the Scottish Ministers;
Words in Art. 51(3)(a) omitted (1.1.2022) by virtue of The Wine (Amendment) Regulations 2021 (S.I. 2021/1471), regs. 1(1), 5(8)(c)(ii)
(b) insofar as the information ... will apply in relation to Wales, the Welsh Ministers.
Words in Art. 51(3)(b) omitted (1.1.2022) by virtue of The Wine (Amendment) Regulations 2021 (S.I. 2021/1471), regs. 1(1), 5(8)(c)(ii)
Words in Art. 51(3) omitted (1.1.2022) by virtue of The Wine (Amendment) Regulations 2021 (S.I. 2021/1471), regs. 1(1), 5(8)(c)(i)
Word in Art. 51 heading 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(29)(a)

CHAPTER IX ... FINAL PROVISIONS

Article 52 Amendments to Regulation (EC) No 555/2008
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Arts. 52-55 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(31)

Article 53 Amendments to Regulation (EC) No 606/2009
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 54 Amendment to Regulation (EC) No 607/2009
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 55 Repeal
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.
Words in Ch. 9 heading 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(30)
...
Words in Signature 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(32)

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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

B. Additional criterion referred to in Article 4(1) of this Regulation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annexes 1-4 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(33)

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:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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’).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

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

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

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

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

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

I. ‘Prior behaviour of the producer’
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

1.3. Declarations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. PRODUCTION FILE

2.1. Identification
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.2. Declarations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

ANNEX V ACCOMPANYING DOCUMENTS

A. REQUIREMENTS FOR THE USE OF AN ACCOMPANYING DOCUMENT
The information referred to in Article 11(5) 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 Article 11(4), these entries are identified by the numbers and letters shown in columns A and B of the tables in HMRC Notice 197 (column No 2 of the following table).
...
The order and the specific details concerning the layout of the entries shall be determined by the Secretary of State, by administrative decision, on the basis of the rules set out in Section B of this Annex. The Secretary of State must publish that information in such manner as appears appropriate to the Secretary of State from time to time.
The Secretary of State may not make a decision concerning the order and specific details concerning the layout of the entries on the documents referred to in Article 11(4) in relation to the use of such documents in Scotland or Wales without the consent of:
(a) in relation to Scotland, the Scottish Ministers;
(b) in relation to Wales, the Welsh Ministers.
1	2	...
Reference number: each consignment must bear a reference number which identifies it in the consignor's accounts. This number is, where applicable, the ARC number... or the reference number of the simplified accompanying document assigned to the accompanying document in its administrative or commercial form.	No 1d	
Consignor: 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 2	
Place of dispatch: the actual place of dispatch, if the goods are not dispatched from the address given for the consignor	No 3	
Consignee: full name and address including post code and the SEED excise number of the authorised warehouse keeper or registered consignee, where appropriate.	No 5	
Place of delivery: the actual place of delivery, if the goods are not delivered to the address given for the consignee.	No 7	
Competent 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 Northern Ireland or for export outside Great Britain.	No 10	
Carrier: name and address of the person responsible for organising the first transport (if different from the consignor).	No 15	
Other 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 16	
CN code	No 17c	
Description of the product: in accordance with Regulation (EU) No 1308/2013 and any national rules which apply, in particular compulsory indications.	No 17p	
Description of packages of goods: identification numbers and number of packages, number of internal packages. ...	No 17.1	
For 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 17o	
Optional 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 17p	
Quantity: — for products in bulk, the total net quantity, — for packaged products, the number of containers used.	No 17d/f and 17.l	
Certifications: certification of PDO, certification of PGI or certification of the vintage year or of the wine-grape variety(ies): see Articles 11 and 12	No 17l	
Wine product category	No 17.2a	
. . .	. . .	
Wine operation code	No 17.2.1a	
Certificate — check at export, where appropriate	No 18	
Date of dispatch ...	No 18	
. . .	. . .	
Word in Annex 5 Section 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(35)(a)
Words in Annex 5 Section 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(35)(b)(i)
Words in Annex 5 Section 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(35)(b)(ii)
Words in Annex 5 Section A 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(35)(c)
Words in Annex 5 Section 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(35)(d)(i)
Words in Annex 5 Section A 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(35)(d)(ii)
Words in Annex 5 Section A 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(35)(e)
Words in Annex 5 Section A 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(35)(f)(i)
Words in Annex 5 Section A 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(35)(f)(ii)
Words in Annex 5 Section 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(35)(f)(iii)(aa)
Words in Annex 5 Section 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(35)(f)(iii)(bb)
Words in Annex 5 Section A 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(35)(f)(iv)
Words in Annex 5 Section A 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(35)(f)(v)
Words in Annex 5 Section A 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(35)(f)(vi)
Words in Annex 5 Section A 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(35)(f)(vii)

B. INSTRUCTIONS ON DRAWING UP AND USE OF ACCOMPANYING DOCUMENTS

1. General rules
1.1. Where the documents referred to in Article 11(4) bear an ARC number assigned by the computerised system ..., the information referred to in Section A shall be held in the system used.
Words in Annex 5 Section B point 1.1 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(36)(a)(i)
Words in Annex 5 Section B point 1.1 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(36)(a)(ii)

1.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annex 5 Section B point 1.2 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(36)(b)

1.3. The documents referred to in Article 11(4) 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.
Word in Annex 5 Section B point 1.3 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(36)(c)

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 ... 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.
Words in Annex 5 Section B point 1.5 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(36)(d)

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... the use of the mixed product.
...
Words in Annex 5 Section B point 1.6 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(36)(e)(i)
Words in Annex 5 Section B point 1.6 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(36)(e)(ii)

2. Special rules

2.1. Indications referring to thedescription of the product
(a) Type of product
Indicate the type of product using an expression conforming to rules in retained EU law 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.
Words in Annex 5 Section B point 2.1(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(36)(f)(i)
(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 set down in Section 2 of Annex A to Volume 1 of the 2019 Edition of the Compendium of International Methods of Wines and Musts Analysis published in Paris in January 2019 by the International Organisation of Vine and Wine (‘the OIV Compendium’) as that Compendium stands on IP completion day. It must be expressed by the potential alcoholic strength in % volume. This may be replaced by the density expressed in grams per cm3;
Words in Annex 5 Section B point 2.1(c)(ii) 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(36)(f)(ii)(aa)
(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.
The information required by points (ii), (iii) and (iv) of the first subparagraph must be expressed in a way that takes into account any relevant provisions in the tables that apply to the measuring method for the evaluation by refractometry of the sugar concentration in grape musts, concentrated grape musts and rectified concentrated grape musts in Section 2 of Annex A to the OIV Compendium as that Compendium stands on IP completion day.
Words in Annex 5 Section B point 2.1(c) 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(36)(f)(ii)(bb)
(d) Tolerances
Without prejudice to provisions in retained EU law 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 %.
Words in Annex 5 Section B point 2.1(d) 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(36)(f)(iii)
(e) Other indications for the carriage of products in bulk:
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annex 5 Section B point 2.1(e)(i) 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(36)(f)(iv)(aa)
(ii) Operations performed
The operations which the products transported have undergone shall be indicated, using the following figures in brackets:

0
the product has undergone none of the following operations;

1
the product has been enriched;

2
the product has been acidified;

3
the product has been de-acidified;

4
the product has been sweetened;

5
the product has been fortified for distillation;

6
a product originating in a geographical unit other than that indicated in the description has been added to the product;

7
a product obtained from a vine variety other than that indicated in the description has been added to the product;

8
a product harvested during a year other than that indicated in the description has been added to the product;

9
the product has been made using oak chips;

10
the product has been made on the basis of experimental use of a new oenological practice;

11
the alcohol content of the product has been corrected;

12
other operations, to be specified. ...
Words in Annex 5 Section B point 2.1(e)(ii) 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(36)(f)(iv)(bb)
Indications regarding ... the operations performed must be given in addition to those regarding the description of the product and within the same field of vision.
Words in Annex 5 Section B point 2.1(e) 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(36)(f)(iv)(cc)

2.2. Indications referring to thenet 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)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annex 5 Section C 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(37)

D. INDICATIONS REFERRED TO IN ARTICLE 13(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annex 5 Section D 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(37)
Annex 5 revoked (E.) (1.1.2024) by The Wine (Revocation and Consequential Provision) Regulations 2023 (S.I. 2023/1362), reg. 1(2), Sch. 1

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 GREAT BRITAIN
(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 regulation 57(7)(b) of the 2010 Regulations 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 Great Britain 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 Great Britain's PDOs and PGIs Register for wine established and maintained by the Secretary of State pursuant to Article 104 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council (as incorporated into the law of Great Britain by the European Union (Withdrawal) Act 2018), as amended;
Words in Annex 6 Pt. 1 point 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(40)(b)(ii)
(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 the law in Great Britain;
Words in Annex 6 Pt. 1 point 2 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(40)(b)(iii)
(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 Great Britain.
Words in Annex 6 Pt. 1 point 4 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(40)(b)(iv)
SignatureandDate Name and title of producer/processor	Administrative reference assigned by the competent authority ‘ARC number’...
Words in Annex 6 Pt. 1 heading 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(40)(a)
Words in Annex 6 Pt. 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(40)(b)(i)
Words in Annex 6 Pt. 1 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(40)(b)(v)

PART II Specific certificate for export referred to Article 12(1)(b)
A.

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:
1	2
Consignor: full name and address including post code Identification: the System of Exchange of Excise Data (SEED) excise number) ....	No 2
Place of dispatch: the actual place of dispatch, if the goods are not dispatched from the address given for the consignor	No 3
Exporter: full name and address	No A
Premises: the actual place of dispatch, if the goods are not dispatched from the address given for the exporter	No A1
Identity of means of transport: container, ship, airplane ….	No 5
Reference: name and identity of the means of transport	No 6
Importer: full name and address	No B
Place of delivery: the actual place of delivery, if the goods are not delivered to the address given for the importer	No Ba
... 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 10
Description 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 17p
Quantity: — for products in bulk, the total net quantity, — for packaged products, the number of containers used	No 17d/f
Certification: Certification of origin or provenance and compliance with provisions governing the production and release for direct human consumption under the law in Great Britain 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 Great Britain in accordance with the law in Great Britain 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 signature	No 18
Reference number: each certificate must bear a reference number which identifies it in the consignor's accounts. This number is, where applicable, the ARC number ... assigned to the accompanying document in its administrative or commercial form.	No 18a
Words in Annex 6 Pt. 2 Section B 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(41)(b)(i)
Words in Annex 6 Pt. 2 Section B 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(41)(b)(ii)
Words in Annex 6 Pt. 2 Section B 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(41)(b)(iii)(aa)
Words in Annex 6 Pt. 2 Section B 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(41)(b)(iii)(bb)
Words in Annex 6 Pt. 2 Section B 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(41)(b)(iv)
Image in Annex 6 Pt. 2 Section A substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), reg. 1(7), Sch. 7 Pt. 1
Annex 6 revoked (E.) (1.1.2024) by The Wine (Revocation and Consequential Provision) Regulations 2023 (S.I. 2023/1362), reg. 1(2), Sch. 1
Words in Annex 6 heading 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(39)

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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART II Specimen of the VI-2 document referred to in Article 22
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

PART IV List of third countries referred to in Article 21(b), Article 26 and Article 27
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annex 7 omitted (1.1.2022) by virtue of The Wine (Amendment) Regulations 2021 (S.I. 2021/1471), regs. 1(1), 5(9)