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

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) the scheme of authorisations for vine plantings;

• (b) the vineyard register;

• (c) recognised accompanying documents, certification and rules for imports of wine;

• (d) the inward and outward register;

• (e) compulsory declarations;

• (f) checks and the analytical databank of isotopic data;

• (g) competent authorities and mutual assistance between them;

• (h) penalties;

• (i) notifications and publication of notified information.

Article 2

Definitions

• (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 the Union territory, as defined in Article 52 of the Treaty on European Union 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, for setting-up collections of vine varieties intended to preserve genetic resources or for graft nurseries referred to in Article 3(2) of this Regulation;

• (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) ‘vineyard parcel’ means an agricultural parcel as defined in Article 67(4), point (a), of Regulation (EU) No 1306/2013 planted with vines either aimed at the commercial production of wine products or benefitting from the exemptions for experimental purposes, for setting-up collections of vine varieties intended to preserve genetic resources or for graft nurseries referred to in Article 3(2) of this Regulation;

• (d) ‘abandoned wine-growing area’ means an area planted with vines which is no longer subject to regular cultivation with a view to obtaining a marketable product since more than five wine years, without prejudice to specific cases defined by the Member States, the grubbing up of which no longer entitles the producer to be granted a replanting authorisation in accordance with Article 66 of Regulation (EU) No 1308/2013;

• (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, to be defined by each Member State, 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;

• (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) ‘collection of vine varieties’ means a vineyard parcel planted with multiple vine wine varieties where each variety does not count more than 50 plants.

Member States may decide that the definition of ‘small producer’ does not cover producers who buy fresh grapes, musts or new wine still in fermentation to process them into wine.

CHAPTER II SCHEME OF AUTHORISATIONS FOR VINE PLANTINGS

Article 3

Areas exempted from the scheme of authorisations for vine plantings

Where no risks of market disturbance are considered to exist, Member States may decide that during the periods referred to in the first subparagraph the grapes produced in those areas and the wine products obtained from those grapes may be marketed. At the end of such periods, the producer shall either:

• (a) obtain an authorisation in accordance with Article 64, 66 or 68 of Regulation (EU) No 1308/2013 for the area concerned, so that the grapes produced in that area and the wine products obtained from those grapes can be marketed; or

• (b) grub up such an area at his own cost in accordance with Article 71(1) of Regulation (EU) No 1308/2013.

Any areas intended for experiments or graft nurseries planted before 1 January 2016 following the granting of new planting rights shall continue to comply after that date with any conditions defined for the use of such rights until the end of the period of the experiment or the period of production of the graft nursery for which they were granted. After the expiry of such periods, the rules laid down in the first and second subparagraphs shall apply.

The exemption referred to in paragraph 1 shall apply to areas intended for setting-up collections of vine varieties only where the purpose of setting-up such collections is the preservation of the genetic resources of vine varieties which are typical of a certain wine-producing region and where the area covered by each collection does not exceed 2 hectares.

Member States may draw up a list of wine grape varieties classified in accordance with Article 81(2) of Regulation (EU) No 1308/2013 on their territories, which are eligible at national or regional level for the purpose of setting up a collection of varieties for the preservation of genetic resources. Member States may also fix a maximum area for collections of such vine varieties below 2 hectares, as well as a maximum number of vines per variety lower than the ceiling laid down in Article 2(1), point (l) of this Regulation.

• (a) such area does not exceed 0,1 ha;

• (b) the natural person or group of natural persons concerned are not involved in commercial wine production or in the commercial production of other wine products.

For the purposes of this paragraph, Member States may consider certain organisations without a commercial activity as equivalent to the natural person’s household.

Member States may decide that the plantings referred to in the first subparagraph are subject to a notification.

Article 4

Criteria for granting authorisations

Member States may also apply the additional objective and non-discriminatory criterion that the application shall not pose a significant risk of misappropriation of the reputation of specific protected geographical indications, which shall be presumed unless the existence of such risk is demonstrated by the public authorities.

The rules in relation to the application of this additional criterion are laid down in Section B of Annex I.

Member States may also apply the additional objective and non-discriminatory criteria of the prior behaviour of the producer and non-profit organisations with a social purpose that have received lands confiscated in cases of terrorism and other types of crime. The rules in relation to the application of these additional criteria are laid down in Section I of Annex II.

Article 5

Authorisations for anticipated replanting

Member States may make the granting of an authorisation to a producer undertaking to grub up an area planted with vines in accordance with Article 66(2) of Regulation (EU) No 1308/2013 subject to the requirement to lodge a security.

In any case, if the grubbing up is not carried out by the producers by the end of the fourth year from the date on which new vines were planted, Article 71 of Regulation (EU) No 1308/2013 shall apply in respect of the pledged area which has not been grubbed up.

Article 6

Replanting restrictions

Member States may restrict the replantings on the basis of Article 66(3) of Regulation (EU) No 1308/2013, where the specific area to be replanted is located in an area for which the issuing of authorisations for new plantings is limited in accordance with Article 63(2), point (b), of that Regulation and provided that the decision is justified by the need to avoid a well-demonstrated risk of devaluation of a specific protected designation of origin (‘PDO’) or protected geographical indication (‘PGI’).

The risk of devaluation referred to in the first paragraph does not exist if:

• (a) the specific area to be replanted is located in the same PDO or PGI area as the area grubbed up and the replanting of vines complies with the same PDO or PGI specification as the area grubbed up;

• (b) the replanting is aimed at the production of wines without a geographical indication provided that the applicant undertakes the same commitments as those laid down in point (2) of Sections A and B of Annex I to this Regulation in relation to new plantings.

CHAPTER III VINEYARD REGISTER

Article 7

Minimum information contained in the vineyard register

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

The operators referred to in the first subparagraph shall be able to present the accompanying document to the competent authorities throughout the transport operation.

Article 9

Exemptions

• (a) wine products transported from the vineyard to the winemaking premises, between two premises of the same undertaking or between the premises belonging to a group of producers, without change of the owner, provided that the transport is effected for the purpose of winemaking, processing, storage or bottling, the total road distance does not exceed 70 km and the transport takes place exclusively within the territory of a single Member State or has been approved by the competent authorities of the Member States concerned;

• (b) grape marc and wine lees:
• (i) transported to a distillery or a vinegar production plant, where the product is accompanied by a delivery note of the producer under the conditions laid down by the competent authorities of the Member State where the transport begins, or
• (ii) where the transport is effected for the purpose of withdrawing the product from the winemaking process or from any other processing of grapes under supervision by the competent authorities, as provided for in Articles 14(1)(b)(vii) and 18(2) of Implementing Regulation (EU) 2018/274;

• (c) grape juice and must falling within CN codes 2009 61 and 2009 69 delivered to operators not involved in winemaking, where the product is accompanied by a commercial document;

• (d) wine products produced and transported exclusively within the territory of Member States that are not subject to the obligation to maintain a vineyard register in accordance with Article 145(1) of Regulation (EU) No 1308/2013;

• (e) the following cases of wine products transported exclusively within the territory of a Member State in containers of a nominal volume of not more than 60 litres:
• (i) 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,
• — 100 litres for all other products;
• (ii) wine or grape juice intended for diplomatic representations, consulates and similar establishments, within the limits of the allowances granted them;
• (iii) wine or grape juice:
• — contained in private household removals, and not intended for sale,
• — on board ships, airplanes or trains to be consumed there;
• (iv) wine, partially fermented wine, partially fermented grape must and grape must transported by private individuals and intended for the personal consumption of the consignee or the consignee's family, where the quantity transported does not exceed 30 litres;
• (v) any product intended for scientific or technical experiments, where the total quantity transported does not exceed one hectolitre;
• (vi) commercial samples;
• (vii) samples for a competent authority or designated laboratory.

Article 10

Recognised accompanying documents

• (a) for the wine products dispatched within a Member State or among Member States, without prejudice to point (b) of this subparagraph:
• (i) one of the documents referred to in Article 21(6) or Article 26(1)(a) of Directive 2008/118/EC for products transported under duty suspension arrangements within the Union, provided that it states in a clearly identifiable manner the unique administrative reference code referred to in Article 21(3) of that Directive (‘ARC number’), it is drawn up in accordance with Commission Regulation (EC) No 684/2009 ([^E0001]) and, where the document referred to in Article 26(1)(a) of Directive 2008/118/EC is used, the consignor complies with that paragraph 1;
• (ii) for excise goods transported within the Union, after release for consumption in the Member State where the transport operation began, the simplified accompanying document referred to in Article 34(1) of Directive 2008/118/EC, drawn up and used in accordance with Commission Regulation (EEC) No 3649/92 ([^E0002]);
• (iii) for wine products subject to excise duty dispatched by small producers pursuant to Article 40 of Directive 2008/118/EC and for wine products not subject to excise duty, one of the following documents, drawn up under the conditions laid down by the Member State of dispatch:
• — where the Member State uses an information system, a printed copy of the electronic administrative document thus established or any commercial document stating, in a clearly identifiable manner, the specific administrative code (‘MVV code’) assigned to the electronic administrative document by that system, provided that the document is established in compliance with the applicable national rules,
• — where the Member State does not use an information system, an administrative document or a commercial document bearing the MVV code assigned by the competent authority, provided that the document and a copy thereof are validated in accordance with paragraph 3 of this Article;

• (b) for wine products dispatched to a third country or to a territory referred to in Article 5(2) and (3) of Directive 2008/118/EC, one of the documents referred to in point (a)(i) or (iii).

The documents referred to in the second indent of point (a)(iii) of the first subparagraph may be used only until 31 December 2020.

Where those documents bear an ARC number assigned by the computerised system referred to in Article 21(2) of Directive 2008/118/EC or a MVV code assigned by the information system set up by the Member State of dispatch as referred to in the first indent of point (a)(iii) of the first subparagraph of paragraph 1, the information referred to in Section A of Annex V to this Regulation shall be held in the system used.

• (a) by the date, the signature of an official of the competent authority and the stamp affixed by that official; or

• (b) by the date, the signature of the consignor and the affixing by the consignor, as appropriate:
• (i) of a special stamp in accordance with the model referred to in Section C of Annex V;
• (ii) of a stamp prescribed by the competent authorities, or
• (iii) of a mark of a stamping machine approved by the competent authorities.

The special stamp or the prescribed stamp referred to in point (b) may be pre-printed on the forms where printing is carried out by a printer approved for that purpose.

Article 11

Certification of the origin or provenance, characteristics, vintage or wine grape variety and PDO or PGI

Article 12

Certification of exported wine products

• (a) the electronic administrative document or any other commercial document used in accordance with Article 21(6) of Directive 2008/118/EC or a document as referred to in Article 10(1)(a)(iii) of this Regulation, provided that the consignor or an authorised person acting on behalf of the consignor indicates the relevant information set out in Part I of Annex VI to this Regulation;

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

Article 13

Documents used as proof of export

That information shall be taken from the original of the accompanying document under cover of which the wine was transported to the customs office where the information sheet is issued. The type, date and number of the document which accompanied the consignment previously shall also be noted on the information sheet.

Where the products referred to in the first subparagraph are being brought back into the customs territory of the Union, the information sheet shall be duly completed by the competent EFTA customs office. That document shall be regarded as equivalent to the accompanying document for transport as far as the customs office either of destination in the Union or of release for consumption, provided that the document contains, in the box ‘Description of goods’, the information specified in the first subparagraph.

The relevant customs office in the Union shall stamp a copy or photocopy of the document provided by the consignee or his representative and return it to him for the purposes of this Regulation.

Article 14

Consignment of unpackaged wine products

• (a) products originating in the Union, of a quantity of more than 60 litres:
• (i) wine intended for processing into wines with a PDO or PGI, a varietal or vintage year wine, or intended for packaging to be marketed as such;
• (ii) partially fermented grape must;
• (iii) concentrated grape must, whether or not rectified;
• (iv) fresh grape must with fermentation arrested by the addition of alcohol;
• (v) grape juice;
• (vi) concentrated grape juice;

• (b) products not originating in the Union, of a quantity of more than 60 litres:
• (i) fresh grapes, excluding table grapes;
• (ii) grape must;
• (iii) concentrated grape must, whether or not rectified;
• (iv) partially fermented grape must;
• (v) fresh grape must with fermentation arrested by the addition of alcohol;
• (vi) grape juice;
• (vii) concentrated grape juice;
• (viii) liqueur wine for the preparation of products not falling within CN code 2204 ;

• (c) products, irrespective of their origin and the quantity transported, without prejudice to the exemptions referred to in Article 9:
• (i) wine lees;
• (ii) grape marc intended for distillation or another form of industrial processing:
• (iii) piquette;
• (iv) wine fortified for distillation;
• (v) wine from grapes of varieties not listed as wine-grape varieties in the classification drawn up by the Member States under Article 81 of Regulation (EU) No 1308/2013 for the administrative unit in which they were harvested;
• (vi) products that may not be offered or supplied for direct human consumption.

The competent authority in the territory of which the place of loading is situated shall inform the competent authority in the territory of which the place of unloading is situated that the transport has begun.

Article 15

Consignments of third country products or of Union products initially exported to a third country

• (a) the number of the VI-1 document or the reference to one of the documents referred in Articles 26 and 27;

• (b) the name and address of the body of the third country which completed the document referred to in point (a) or authorised its completion by a producer;

• (c) the date on which the document referred to in point (a) was completed.

The operator shall be able to present the VI-1 document, an equivalent document as referred to in Article 26 or 27 or the VI-2 extract referred to in Article 22 whenever requested by the competent authorities of the Member States.

• (a) the reference to the accompanying document referred to in point (b) of the first subparagraph of Article 10(1) of this Regulation, drawn up for the initial dispatch; or

• (b) the references to the other supporting documents produced by the importer evidencing the origin of the product and deemed satisfactory by the competent authority when released for circulation in the Union.

Article 16

Refusal by the consignee

Where all or part of a product transported under cover of an accompanying document is refused by the consignee, the latter shall write the words ‘refused by the consignee’ on the back of the document, together with the date and the consignee's signature, plus, where appropriate, an indication of the quantity refused, in litres or kilograms.

In that case the product may be returned to the consignor under cover of the same accompanying document or may be kept on the premises of the carrier until a new document is completed to accompany the product when it is re-dispatched.

Article 17

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

Validation, when granted, may be linked to conditions on the future use of the product or a ban on marketing the product. It shall comprise the stamp, the signature of an official of the competent authority and the date.

Article 18

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

The authority referred to in the first subparagraph shall stamp the documents corrected or completed under that provision. Regularisation of irregularities must not delay the transport operation in question for longer than is strictly necessary.

In the event of repeated irregularities by the same consignor, the authority referred to in the first subparagraph of paragraph 1 shall inform the authority with territorial responsibility for the place of loading. In the case of transport within the Union, mutual assistance or notification of suspicion of non-compliance under Articles 43 and 45 shall apply.

Article 19

Force majeure or unforeseen incidents

If during transport, by reason of force majeure or some unforeseen incident, a consignment for which an accompanying document is required must be split up or is wholly or partially lost, the carrier shall request the competent authority nearest to the place where the incident or the case of force majeure took place to make a statement of the facts and to take the necessary steps to regularise the transport operation in question.

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

Article 20

Certification of compliance of imported wine products

The competent bodies and designated bodies or departments referred to in Article 90(3)(a) and (b) of Regulation (EU) No 1308/2013 shall be those referred to in Article 51(1)(a) and (b) of this Regulation in respect of the third countries concerned.

• (a) has the characteristics of a wine product in accordance with Union law or in compliance with a bilateral agreement in force between the Union and a third country;

• (b) was made from grapes of a specific vintage year or has been produced from the wine grape variety or varieties designated;

• (c) where applicable, complies with the specifications of the geographical indication in conformity with either the Agreement on trade-related intellectual property rights of the World Trade Organisation (‘TRIPS Agreement’), Union legislation on geographical indications or an agreement on recognition and protection of geographical indications between the Union and the third country from which the wine originates.

Article 21

Exemptions

By way of derogation from Article 90(3) of Regulation (EU) No 1308/2013, the following exemptions shall apply:

• (a) no VI-1 document needs to be presented for:
• (i) products in labelled containers of a nominal volume of 10 litres or less fitted with a non-reusable closing device, where the total quantity transported, whether or not made up of separate consignments, does not exceed 100 litres;
• (ii) wine and grape juice forming part of the personal property of private individuals transferring their normal place of residence from a third country to the Union within the meaning of Article 3 of Regulation (EC) No 1186/2009;
• (iii) wine sent in consignments from one private individual to another, within the meaning of Article 25 of Regulation (EC) No 1186/2009 up to a maximum of 30 litres per consignment;
• (iv) wine, grape must and grape juice contained in the personal luggage of travellers within the meaning of Article 41 of Regulation (EC) No 1186/2009 up to a maximum of 30 litres per traveller;
• (v) wine and grape juice for trade fairs as defined in Article 90 of Regulation (EC) No 1186/2009, provided that the products in question are put up in labelled containers of not more than two litres fitted with a non-reusable closing device;
• (vi) quantities of wine, grape must and grape juice in containers other than those referred to in point (v), imported for the purpose of scientific and technical experiments up to a maximum of 100 litres;
• (vii) wines and grape juice imported in accordance with the provisions of the Vienna Convention on diplomatic relations of 18 April 1961, the Vienna Convention on consular relations of 24 April 1963 or other consular conventions, or the New York Convention of 16 December 1969 on special missions;
• (viii) wines and grape juice held in stores on board of ships and airplanes operating in international transport;
• (ix) wines and grape juice originating and bottled in the Union, exported to a third country and returned to the customs territory of the Union and released for free circulation;

• (b) in the case of wine put up in labelled containers of a capacity not exceeding 60 litres, fitted with non-reusable closing devices, and provided that the wine originates in a country which has offered special guarantees accepted by the Union, as listed in Section A of Part IV of Annex VII, the analysis report section of the VI-1 document needs to be completed only in respect of:
• (i) the actual alcoholic strength by volume;
• (ii) the total acidity;
• (iii) the total sulphur dioxide content.

Article 22

Rules for drawing up the VI-1 document and the VI-2 extract

It shall be signed by an official of a competent body and by an official of a designated body or department included in the list provided for in Article 51(1).

The original and a copy of the VI-1 document shall accompany the product.

An extract, hereinafter referred to as ‘VI-2 extract’, may be drawn up in accordance with the specimen shown in Part II of Annex VII, containing the data appearing on the VI-1 document or, in case a VI-2 extract was presented, on that VI-2 extract, and stamped by a Union customs office. The original and two copies of the VI-2 extract shall accompany the product.

Article 23

Use of VI-1 document and VI-2 extracts

The original and the copy of the VI-1 document or the original and the copies of the VI-2 extract shall be handed over to the competent authorities of the Member State in which the customs formalities required for putting into free circulation the consignment to which they relate are carried out, on completion of those formalities as follows:

• (a) the customs authorities shall endorse the back of both the original and the copy of the VI-1 document or the original and the copies of the VI-2 extract, return the original of the VI-1 document or the original and a copy of the VI-2 extract to the person concerned and keep a copy of the VI-1 document or of the VI-2 extract for at least five years;

• (b) where a consignment is to be reconsigned before entry into free circulation, the new consignor shall give the customs authorities supervising the consignment the VI-1 document and the VI-2 extract relating to that consignment or, where that consignment is covered by a VI-2 extract completed previously and a VI-2 extract completed consecutively, those two VI-2 extracts. In case a VI-2 extract is given together with the VI-1 document, the customs authorities shall verify that the particulars entered on the VI-1 document correspond to those entered on the VI-2 extract. In case a VI-2 extract completed consecutively is given together with a VI-2 extract completed previously, the customs authorities shall verify that the particulars entered on that VI-2 extract completed previously correspond to those entered on the VI-2 extract completed consecutively and shall stamp the latter, which shall then be equivalent to the VI-2 extract completed previously. The customs authorities shall endorse the back of both the original and the copy of the VI-1 document or of the VI-2 extract completed previously. The customs authorities shall return the original of the VI-1 document and of any VI-2 extract to the new consignor and shall keep the copies for at least five years. However, a VI-2 extract does not need to be completed where a consignment of a product is re-exported to a third country;

• (c) where a consignment is split before it enters into free circulation, the person concerned shall give the original and the copy of the VI-1 document or of the VI-2 extract completed previously relating to the consignment to be split to the customs authorities supervising that consignment, together with the original of the VI-2 extract completed consecutively for each new consignment and two copies of them. The customs authorities shall verify that the particulars entered on the VI-1 document or on the VI-2 extract completed previously correspond to those on the VI-2 extract completed consecutively for each new consignment. If they correspond, the customs authorities shall stamp the latter, which shall then be equivalent to the VI-2 extract completed previously, and endorse the back of both the original and the copy of the VI-1 document or of the VI-2 extract completed previously. They shall return the original of the VI-2 extract completed consecutively together with the original of the VI-1 document or of the VI-2 extract completed previously to the person concerned and keep a copy of each of those documents for at least five years.

Article 24

Use of VI-1 document in case of indirect imports

In cases where a wine has been exported from the third country in the territory of which it was produced (hereinafter referred to as ‘the country of origin’) to another third country (hereinafter referred to as ‘the exporting country’) before being exported to the Union, the VI-1 document for the wine concerned shall be deemed to be valid for import into the Union if it has been drawn up by the competent bodies of the exporting country, without further analyses on that wine, on the basis of a VI-1 document or equivalent drawn up by the competent bodies of the country of origin, provided that the wine:

• (a) has been bottled and labelled in the country of origin and remains so; or

• (b) is exported in bulk from the country of origin and bottled and labelled in the exporting country without any further processing.

The VI-1 document of the exporting country shall bear the certification by the competent body of that country that the wine in question is a wine to which the first paragraph refers and that it fulfils the conditions set out therein.

The original or a certified copy of the VI-1 document or equivalent of the country of origin shall be attached to the VI-1 document of the exporting country.

The competent bodies of the third countries for the purposes of this Article shall be those included in the list provided for in Article 51(1).

Article 25

Special rules on certification for particular wines

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

In such a case, box 14 shall indicate the following:

‘the wine covered by this document is certified as having been produced in the wine-growing region and was given the geographical indication shown in box 6 in accordance with the provisions of the country of origin’.

• (a) the full name and address of the issuing competent body;

• (b) the signature of an official of the competent body;

• (c) the competent body's stamp.

Article 26

Simplified procedure

• (a) in box 1, their names and addresses and their registration numbers in the third countries listed in Section B of Part IV of Annex VII;

• (b) in box 9, the name and address of the competent body of the third country which authorised them;

• (c) in box 10, at least the particulars provided for in Article 21(b).

The producers shall sign in the space provided in boxes 9 and 10, after striking out the words ‘name and title of official’.

Neither stamps nor the name and address of a designated body or department shall be required.

Article 27

Electronic document

A system of checks in a third country may be accepted as equivalent to that set up for the same products by the Union if it fulfils at least the following conditions:

• (a) it offers sufficient guarantees as to the nature, the origin and the traceability of the wine products produced or traded on the territory of the third country concerned;

• (b) it guarantees access to the data held in the electronic system used with regard to the registration and the identification of operators, competent bodies and designated bodies or departments;

• (c) it guarantees the possibility to check the data referred to in point (b) within the framework of a mutual administrative cooperation.

Third countries having in place a system of checks accepted by the Union as equivalent in accordance with the second subparagraph shall be included in the list set out in Section C of Part IV of Annex VII.

CHAPTER V INWARD AND OUTWARD REGISTER

Article 28

Keeping of the inward and outward register

• (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;

• (c) retailers.

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.

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

• (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).

• (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;

• (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

• (a) products in labelled containers of a nominal volume of 10 litres or less fitted with a non-reusable closing device as referred to in Article 28(1)(a), to be released to the market on their territory;

• (b) certain categories of products referred to in Article 14(1)(a) of Implementing Regulation (EU) 2018/274;

• (c) certain operations referred to in Article 29.

Member States may provide for the obligation to keep separate accounts or adapt the existing register.

The notification referred to in the first subparagraph shall not be required for wine products subject to systematic analytical checks of all batches of products by the competent inspection authorities of the Member States.

CHAPTER VI DECLARATIONS

Article 31

Production declarations

Member States which have established an annually updated vineyard register on the basis of which a link can be established among declarants, declared production and the vineyard parcels concerned, may exempt producers from the obligation to declare the information referred to in Article 22(2)(e) of Implementing Regulation (EU) 2018/274. In such cases the competent authorities of the Member States shall themselves complete the declarations by indicating the area on the basis of the data in the vineyard register.

In that case, paragraph 2 shall apply mutatis mutandis.

Article 32

Stock declarations

Article 33

Harvest declarations

Member States may require all harvesters or, on the basis of objective and non-discriminatory criteria, some of them, to submit a harvest declaration to the competent authorities in respect of the wine year in which the harvest was carried out.

Article 34

Treatment or marketing declarations

Article 35

Common provisions

Member States may require more comprehensive information with regard to the vineyard register or production or stock declarations.

Member States may exempt any operator from the obligation to submit the declarations provided for in Articles 31 and 32 relating to wine years in which no production was made or no stock was left.

CHAPTER VII CHECKS, COMPETENT AUTHORITIES, MUTUAL ASSISTANCE AND PENALTIES

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

Article 36

General principles

Article 59 of Regulation (EU) No 1306/2013 shall apply *mutatis mutandis* to the scheme of authorisations for vine plantings.

Article 37

Common provisions concerning checks

In the case of checks carried out by sampling, the number, nature and frequency of the checks shall be such that the checks are representative of the whole territory of the Member State and correspond, where applicable, to the volume of wine-sector products produced, marketed or held with a view to their marketing.

Administrative checks shall, where appropriate, include cross-checks with, inter alia, data from the integrated administration and control system provided for in Chapter II of Title V of Regulation (EU) No 1306/2013.

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.

Article 38

Persons subject to checks

• (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

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

Article 40

Competent authorities and liaison bodies

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

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