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

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

Article 41

Powers of officials

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

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

• (b) have access to the commercial premises or warehouses and vehicles of anyone holding with a view to sale, marketing or transporting wine-sector products or products which may be intended for use in the wine sector;

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

• (d) may take samples of wine-sector products, substances or products which may be used for the preparation of such products and products held with a view to sale, marketing or transport;

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

• (f) may take appropriate protective measures regarding the preparation, holding, transport, description, presentation and marketing of a wine-sector product or a product intended for use in the preparation of such a product, if there is reason to believe that there has been a serious infringement of Union legislation, especially in the case of fraudulent treatment or risks to health.

Article 42

Coordination of checks and access to information

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

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

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

Article 43

Mutual assistance

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

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

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

• (a) either to obtain, on the premises of the competent authorities of the Member State in which the requested authority is established, information on the application of the relevant provisions on wine products of Regulation (EU) No 1308/2013, this Regulation and Implementing Regulation (EU) 2018/274 or on checks relating thereto, including the making of copies of transport and other documents or extracts from registers;

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

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

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

• (b) without prejudice to the limits imposed by the Member State of the requested authority on its own officials in carrying out the checks in question, have:
• (i) the rights of access provided for in points (a) and (b) of Article 41;
• (ii) the right to be informed of the results of checks carried out by the officials of the requested authority under points (c) and (e) of Article 41.

Article 44

Conclusive force

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

Article 45

Notification of suspicion of non-compliance

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

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

SECTION II PENALTIES

Article 46

Penalties and cost recovery for non-authorised plantings

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

The minimum amount of the financial penalty shall be:

• (a) EUR 6 000 per hectare, if the producer grubs up the totality of the non-authorised planting within the four months from the date on which he is notified of the irregularity, as referred to in Article 71(2) of Regulation (EU) No 1308/2013;

• (b) EUR 12 000 per hectare, if the producer grubs up the totality of the non-authorised planting during the first year following the expiry of the 4-month period;

• (c) EUR 20 000 per hectare, if the producer grubs up the totality of the non-authorised planting after the first year following the expiry of the 4-month period.

Where the yearly income obtained in the area where the vineyards concerned are located is estimated to exceed EUR 6 000 per hectare, Member States may increase the minimum amounts set in the second subparagraph proportionally to the average yearly income per hectare estimated for that area.

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

Article 47

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

Article 48

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

• (a) where the dates referred to in Articles 22, 23 and 24 of Implementing Regulation (EU) 2018/274 are exceeded, but by not more than 15 working days, only administrative penalties referred to in paragraph 2 of this Article shall be applied;

• (b) where the information contained in the declarations referred to in paragraph 1 are deemed to be incomplete or inaccurate by the competent authorities of the Member States, and where knowledge of the missing or inaccurate information is essential for the proper application of the support measures provided for in Articles 47 and 50 of Regulation (EU) No 1308/2013, the support to be paid shall be reduced proportionately by an amount set by the competent authority depending on the seriousness of the infringement.

Article 49

Exceptional circumstances and obvious errors

CHAPTER VIII NOTIFICATIONS

Article 50

Nature and type of information to be notified

• (a) the laws, regulations or administrative provisions they have adopted pursuant to Article 120(2)(a) of Regulation (EU) No 1308/2013, this Regulation and Implementing Regulation (EU) 2018/274;

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

• (c) name and address of competent authorities responsible for the granting of authorisations for vine plantings, and of those responsible for maintaining and updating a vineyard register and for submitting an updated inventory of the production potential;

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

• (e) the measures they have taken to implement Chapter VII, where notification of those measures is relevant for the cooperation between Member States, and the name and address of the liaison body designated by each Member State;

• (f) the conditions that they apply with respect to drawing up the accompanying documents referred to in points (a)(iii) and (b) of the first subparagraph of Article 10(1);

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

Article 51

Publication of the information notified

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

• (b) name and address of bodies or departments designated by the country of origin or, where non-existent in the country of origin, an already authorised laboratory outside the product's country of origin, for the purpose of filling-in the analysis report section of VI-1 documents;

• (c) name, address and official registration number of the wine producers and processors authorised by the product's country of origin to draw up VI-1 documents;

• (d) name and address of a single liaison body designated in each third country to receive and forward requests for administrative assistance and to represent its country vis-à-vis the Commission and the Member States.

CHAPTER IX AMENDMENTS, REPEALS, TRANSITIONAL AND FINAL PROVISIONS

Article 52

Amendments to Regulation (EC) No 555/2008

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

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

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

Article 53

Amendments to Regulation (EC) No 606/2009

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

• (1) Articles 12 and 13 are deleted;

• (2) The following Articles 14a and 14b are inserted: ‘Article 14a Fixing a minimum percentage of alcohol for by-products

(a) 8,0 % for zone A; (b) 8,5 % for zone B; (c) 9,0 % for zone C I; (d) 9,5 % for zone C II; (e) 10,0 % for zone C III.

Article 14b

Disposal of by-products

Article 54

Amendment to Regulation (EC) No 607/2009

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

Article 55

Repeal

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

Article 56

Entry into force

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

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

ANNEX I

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

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

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

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

• (2) where the area(s) to be newly planted is/are not intended for the production of wines with the specific PDO, the applicant shall undertake the following commitments:
• (a) not to use or market any of the grapes produced in those newly planted areas for the production of wines with a PDO, where those areas are located within areas eligible for that purpose;
• (b) not to grub up and replant with the aim of making the replanted area become eligible for the production of grapes for wines with the specific PDO.

The applicant shall undertake the commitments referred to in point (2) during a limited period of time to be fixed by the Member State, which may not go beyond 31 December 2045 .

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

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

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

• (2) where the area(s) to be newly planted is/are not intended for the production of wines with the specific PGI, the applicant shall undertake the following commitments:
• (a) not to use or market any of the grapes produced in those newly planted areas for the production of wines with a PGI, where those areas are located within areas eligible for that purpose;
• (b) not to grub up and replant with the aim of making the replanted area become eligible for the production of grapes for wines with the specific PGI.

The applicant shall undertake the commitments referred to in point (2) during a limited period of time to be fixed by the Member State, which may not go beyond 31 December 2045 .

ANNEX II

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

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

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

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

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

• The conditions laid down in points (a) and (b) shall apply mutatis mutandis in respect of a group of natural persons regardless the legal status granted to such a group and its members by national law.

• (2)Member States may decide to add the additional condition that the applicant shall be a natural person who is no more than 40 years of age in the year of submission of the application (‘young producer’).

• Legal persons referred to in point (1) shall be considered to comply with the additional condition referred to in the first subparagraph of this point, if the natural person referred to in points (1)(a) and (b) is no more than 40 years of age in the year of submission of the application.

• The conditions laid down in the second subparagraph shall apply mutatis mutandis in respect of a group of natural persons referred to in the second subparagraph of point (1).

• (3)Member States may require that the applicants undertake during a period of five years not to rent or sell the area(s) newly planted to another natural or legal person.

• Where the applicant is a legal person or a group of natural persons, Member States may also require the applicant, during a period of five years, not to transfer the exercise of effective and long-term control of the holding in terms of decisions related to management, benefits and financial risks to another person or other persons unless that person or those persons met the conditions of points (1) and (2) that applied at the time of granting the authorisations.

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

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

• (1) the applicant undertakes to comply, for a minimum period of five to seven years, with the rules on organic production laid down in Council Regulation (EC) No 834/2007 ([^E0008]) and where applicable Commission Regulation (EC) No 889/2008 ([^E0009]) for the area(s) to be newly planted or for the entire farm holding. Such period shall not go beyond  31 December 2045. Member States may consider that the criterion is fulfilled where applicants are already winegrowers at the time of submitting the application, and have effectively applied the rules on organic production referred to in the first subparagraph to the whole area planted with vines in the respective holding for at least five years before the submission of the application;

• (2) the applicant undertakes to comply with one of the following guidelines or certification schemes going beyond the relevant mandatory standards established pursuant to Chapter I of Title VI of Regulation (EU) No 1306/2013, for a minimum period of five to seven years which in any case shall not go beyond  31 December 2045:
• (a) crop or sector-specific guidelines for integrated pest management which are appropriate for wine-growing in accordance with Article 14(5) of Directive 2009/128/EC of the European Parliament and of the Council ([^E0010]), where such guidelines exist;
• (b) national certification schemes for integrated production which are appropriate for wine-growing;
• (c) national or regional environmental schemes certifying compliance with environmental legislation in relation with soil and/or water quality, biodiversity, landscape preservation, climate change mitigation and/or adaptation to climate change, and which are relevant for wine-growing. The certification schemes referred to in points (b) and (c) shall certify that the farmer observes practices on its holding which comply with the nationally defined rules for integrated production or the objectives referred to in point (c). This certification shall be performed by certification bodies that are accredited in accordance with Chapter II of Regulation (EC) No 765/2008 of the European Parliament and of the Council ([^E0011]) and comply with the relevant harmonised standards for ‘Conformity assessment — Requirements for bodies certifying products, processes and services’ or ‘Conformity assessment — requirements for bodies providing audit and certification of management systems’. Member States may consider that the criterion is fulfilled where applicants are already winegrowers at the time of submitting the application and have effectively applied the guidelines or certification schemes referred to in the first subparagraph, to the whole area planted with vines in the respective holding for at least five years before the submission of the application;

• (3) where the rural development programme(s) of Member States includes a specific ‘agri-environment-climate’ type of operation(s) laid down in Article 28 of Regulation (EU) No 1305/2013 of the European Parliament and the Council ([^E0012]) which is applicable to areas planted with vines with relevance to the specific area indicated in the application, and provided that sufficient funds are available, the applicant is eligible and undertakes to apply for that type of operation(s) for the area to be newly planted and to comply with the commitments set in the respective rural development programme(s) for that specific ‘agri-environment-climate’ type of operation(s);

• (4) the specific land parcel(s) identified in the application is located in slopes with terraces. Member States may also require that producers undertake, during a minimum period of five to seven years, not to grub up and replant in areas not complying with those conditions. Such period shall not go beyond 31 December 2045 ;

• (5) the applicant undertakes to maintain, for a minimum period of seven to 10 years, the area(s) to be newly planted with at least one of the varieties listed in the national list of vine varieties eligible for the conservation of the genetic resources drawn up by the Member State for that purpose. Such period shall not go beyond 31 December 2045.

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

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

• (1) the specific land parcel(s) identified in the application came into the possession of the applicant due to exchanges with another land parcel(s) planted with vines in the framework of a land consolidation project;

• (2) the land parcel(s) identified in the application is not planted with vines, or is planted with vines occupying a smaller surface than the one(s) lost as a result of the implementation of such land consolidation project;

• (3) the total area for which the authorisation is requested does not exceed the difference, if any, between the area planted with vines in the previously owned land parcel(s) and the one identified in the application.

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

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

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

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

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

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

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

• (6) areas located in the outermost regions of the Union referred to in Article 349 of the Treaty on the Functioning of the European Union and in the smaller Aegean islands as defined in Regulation (EU) No 229/2013 of the European Parliament and of the Council ([^E0013]) or in small islands with a total land area not exceeding 250 km² and characterised by structural or socioeconomic constraints.

Member States may also require that producers undertake, during a minimum period of five to seven years, not to grub up and replant in areas which do not face natural or other specific constraints. Such period shall not go beyond 31 December 2045 .

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

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

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

• (1) Net Present Value (NPV);

• (2) Internal Rate of Return (IRR);

• (3) Benefit-Cost Ratio (BCR);

• (4) Payback Period (PP);

• (5) Incremental Net Benefit (INB).

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

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

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

The criterion referred to in Article 64(2), point (f), of Regulation (EU) No 1308/2013 shall be considered as being fulfilled if the increased cost-efficiency or competitiveness or presence on the markets is established on the basis of one of the following considerations:

• (1) the product unit costs of the holding in the wine growing sector have decreased in a given year in comparison to the average of the preceding five years;

• (2) the holding has diversified distribution channels and/or a high demand for its products in a given year in comparison to the average of the preceding five years.

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

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

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

• (1) the land parcel(s) to be planted has better pedo-climatic characteristics, comparing to an average of other land parcels with vineyards complying with geographical indication specifications in the same region;

• (2) the grape variety(ies) or respective clone(s) to be planted is better adapted to the specific pedo-climatic characteristics of the land parcel(s) to be planted comparing to land parcels with vineyards complying with geographical indication specifications, with similar pedo-climatic characteristics and located in the same region, but established with other varieties or other clones of the same variety(ies);

• (3) the grape variety(ies) or respective clone(s) to be planted contribute to increase the diversity of grape varieties or clones of the existing varieties in the same geographical area of production of the PDO or PGI;

• (4) the vine training system(s) to be used or the vineyard structure to be established in the newly planted area(s) has the potential to lead to a better quality of the grapes, comparing to the training systems and/or structures predominantly used in the same geographical area of production of the PDO or PGI.

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

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

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

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

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

• (1) no less than 0,1 hectares of vineyard parcels for small size holdings;

• (2) no more than 50 hectares of vineyard parcels for medium size holdings.

Areas planted with vines benefiting from the exemptions laid down in Article 62(4) of Regulation (EU) No 1308/2013 shall not be taken into account for the calculation of the area of vineyard parcels.

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

I. ‘Prior behaviour of the producer’

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

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

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

• (2) the applicant has not failed to comply with any of the undertakings referred to in Sections A and B of Annex I, in Sections A, B, and D to G of this Annex and in point II of this Section;

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

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

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

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

• (2) the applicant uses the confiscated land only to serve its social purposes pursuant to Article 10 of Directive 2014/42/EU of the European Parliament and of the Council ([^E0014]).

Member States may also require that the applicants complying with this criterion shall undertake during a period to be determined by the Member State not to rent or sell the area(s) newly planted to another natural or legal person. Such period shall not go beyond 31 December 2045 .

ANNEX III

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

1. WINEGROWER FILE

1.1.   Identification and location

• (1) Identity of the winegrower (compatible with the single system to record the identity of each beneficiary referred to in Article 68(1)(f) of Regulation (EU) No 1306/2013, and with registers or information held by the Member State).

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

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

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

• (1) Identification of the vineyard parcel: the identification system for vineyard parcels should be established on the basis of maps, land registry documents or other cartographic references. Use shall be made of computerised geographical information system techniques, including aerial or spatial ortho-imagery, with a homogenous standard that guarantees a level of accuracy that is at least equivalent to that of cartography at a scale of 1:5 000 (or 1:10 000 where they were acquired on the basis of long-term contracts that were agreed before November 2012), while taking into account the outline and condition of the parcel. This shall be fixed in accordance with existing Union standards.

• (2) Area of the vineyard parcel In cases where vines are grown in association with other crops:
• (a) total area of the parcel concerned;
• (b) area planted with vines expressed in terms of pure crop (for the purposes of conversion, use should be made of appropriate coefficients determined by the Member State).

• (3) Area of the vineyard parcel or, where appropriate, area expressed in terms of pure crop, with the following breakdown concerning area(s) planted with vines (information compatible with the communication referred to in Article 33(1)(a) of Implementing Regulation (EU) 2018/274, and Part I of Annex IV to that Regulation, which is, if applied, the basis for the calculation of the 1 % referred to in Article 63(1) of Regulation (EU) No 1308/2013):
• (a) area(s) planted with vines which are eligible for the production of wine with a PDO;
• (b) area(s) planted with vines which are eligible for the production of wine with a PGI:
• — which are also eligible for the production of wine with PDO and wine without PDO/PGI,
• — which are only eligible for the production of wine with PGI and wine without PDO/PGI;
• (c) area(s) planted with vines which are only eligible for the production of wine without PDO/PGI but situated in a PDO/PGI geographical area of production;
• (d) area(s) planted with vines which are only eligible for the production of wine without PDO/PGI and situated outside of a PDO/PGI geographical area of production;
• (e) area(s) planted with vines with other destination.

• (4) Wine grape varieties cultivated, corresponding estimated areas and proportions in the vineyard parcel concerned, as well as the colour of the grape (information compatible with Regulation (EU) No 1337/2011 of the European Parliament and of the Council ([^E0015])).

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

• (6) Planted area with vines which has been restructured or converted in accordance with Article 46 of Regulation (EU) No 1308/2013 (information compatible with the communications referred to in the tables in Parts IV, V and VI of Annex IV to Implementing Regulation (EU) 2018/274).

• (7) Planted area with vines which has been the subject of green harvesting in accordance with Article 47 of Regulation (EU) No 1308/2013 (information compatible with the communications referred to in the tables in Parts IV, V and VI of Annex IV to Implementing Regulation (EU) 2018/274).

The information referred to in points (6) and (7) must also include all the areas restructured or converted or subject to green harvesting in accordance with Articles 46 and 47 of Regulation (EU) No 1308/2013 (information compatible with the communications referred to in Annex IV or IVa and Annex VI to Commission Implementing Regulation (EU) 2016/1150) ([^E0016]).

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

1.3.   Declarations

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

2. PRODUCTION FILE

2.1.   Identification

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

2.2.   Declarations

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

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

ANNEX IV

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

1. WINEGROWER FILE

1.1.   Identification and location

• (1) Authorisations applied for, granted and not yet planted, and respective specific area (information compatible with the notifications referred to in Article 33(2)(a) and in the tables of Part IV of Annex IV to Implementing Regulation (EU) 2018/274).

• (2) Planting rights held (per type) until the deadline for conversion into authorisations as decided by Member States (information compatible with the notification to be made by 1 March 2016 referred to in Article 11 of Commission Implementing Regulation (EU) 2015/561 ([^E0017]) and in Table A of Annex VII to that Regulation).

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

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

• (1) Area(s) benefiting from the following exemptions to the scheme of authorisations for vine plantings:
• (a) areas planted or replanted for experimental purposes (including those with wine grape varieties not classified in accordance with Article 81 of Regulation (EU) No 1308/2013);
• (b) areas planted or replanted for graft nurseries;
• (c) areas planted or re-planted for setting-up collections of vine varieties intended to preserve genetic resources.

• (2) Area(s) planted with vines without an authorisation after 31 December 2015 and non-authorised areas grubbed up (information compatible with the communication referred to in Article 33(1)(e) of Implementing Regulation (EU) 2018/274 and in Part III of Annex IV to that Regulation).

• (3) Area(s) planted with vines without a planting right before 1 January 2016 and unlawful plantings grubbed up (information compatible with the communications referred to in Article 58(2) of Regulation (EC) No 555/2008 and in Tables 3 and 7 of Annex XIII to that Regulation).

ANNEX V

ACCOMPANYING DOCUMENTS

A. REQUIREMENTS FOR THE USE OF AN ACCOMPANYING DOCUMENT

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

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

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

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

1	2	3
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, the MVV code or the reference number of the simplified accompanying document assigned to the accompanying document in its administrative or commercial form.	No 1d	No 2
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	No 1
Place of dispatch: the actual place of dispatch, if the goods are not dispatched from the address given for the consignor	No 3	No 1
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	No 4
Place of delivery: the actual place of delivery, if the goods are not delivered to the address given for the consignee.	No 7	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 another Member State or for export outside the Union.	No 10	Box A
Carrier: name and address of the person responsible for organising the first transport (if different from the consignor).	No 15	No 5
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	No 5
CN code	No 17c	No 9
Description of the product: in accordance with Regulation (EU) No 1308/2013 and any national rules which apply, in particular compulsory indications.	No 17p	No 8
Description of packages of goods: identification numbers and number of packages, number of internal packages. For documents other than those referred to in point (a)(i) of the first subparagraph of Article 10(1), the description may be continued on a separate sheet attached to each copy. A packing list could be used for this purpose.	No 17.1	No 8
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	No 8
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	No 8
Quantity: — for products in bulk, the total net quantity, — for packaged products, the number of containers used.	No 17d/f and 17.l	No 8
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	No 14
Wine product category	No 17.2a	No 8
Wine-growing zone code	No 17.2b	No 8
Wine operation code	No 17.2.1a	No 8
Certificate — check at export, where appropriate	No 18	A
Date of dispatch and, where so laid down by the Member State on whose territory the transport operation begins, the time of dispatch	No 18	No 15
Visa from the competent body of the place of dispatch, for documents other than those referred to in point (a)(i) of the first subparagraph of Article 10(1) (if required)	No 18	No 15

B. INSTRUCTIONS ON DRAWING UP AND USE OF ACCOMPANYING DOCUMENTS

1. General rules

• 1.1.Where the documents referred to in point (a)(i) of the first subparagraph of Article 10(1) bear an ARC number assigned by the computerised system referred to in Article 21(2) of Directive 2008/118/EC or an MVV code assigned by an information system set up by the Member State of dispatch referred to in point (a)(iii) of the first subparagraph of Article 10(1), the information referred to in Section A shall be held in the system used.

• 1.2.The documents referred to in the second indent of point (a)(iii) of the first subparagraph of Article 10(1) shall bear in the header the logo of the Union, the words ‘European Union’, the name of the Member State of dispatch, and a sign or a logo identifying the Member State of dispatch.

• The documents referred to in points (a)(i) and (ii) and the first indent of point (a)(iii) of the first subparagraph of Article 10(1) may bear the information referred in the first subparagraph of this point.

• 1.3.The documents referred to in Article 10(1) shall be filled in legibly and indelible characters. The document must not contain any erasures or overwritten words.

• Any prescribed copy of a document shall be marked ‘copy’ or shall bear an equivalent marking.

• 1.4.A single document may be completed to accompany the transport in a single consignment from one and the same consignor to one and the same consignee of:

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

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

• 1.5.In the case referred to in Article 17(1) or where the document accompanying the consignment is completed by the competent authority, the document shall be valid only if carriage commences not later than the fifth working day following, as appropriate, the date of validation or the date on which it is completed.

• 1.6.When products are transported in separate compartments of the same transport container or are mixed during carriage, a document must be completed to accompany each portion, whether transported separately or as a mixture. Such documents shall mention, in accordance with the rules laid down by each Member State, the use of the mixed product.

• However, consignors or empowered persons may be authorised by Member States to complete a single document for the whole product resulting from mixing. In such cases the competent authority shall determine how proof is to be furnished concerning the category, origin and quantity of the various loads.

2. Special rules

2.1.   **Indications referring to the

**description of the product

• (a) Type of product Indicate the type of product using an expression conforming to Union rules which gives the most accurate description of the product, e.g.: wine with PDO or PGI/wine without PDO or PGI/varietal wine without PDO/PGI/grape must for wine with PDO or PGI/vintage wine without PDO/PGI.

• (b) Bulk transport For the bulk transport of the wines referred to in paragraphs 1 to 9, 15 and 16 of Part II of Annex VII to Regulation (EU) No 1308/2013, the product description shall contain the optional particulars set out in Article 120 of that Regulation provided that they are shown on the labelling or that it is planned to show them on the labelling.

• (c) Alcoholic strength and density For the transport of products in bulk or in unlabelled containers with a nominal volume of not more than 60 litres:
• (i) the actual alcoholic strength of the wine, excluding new wines still in fermentation, or the total alcoholic strength of new wine still in fermentation and part-fermented grape must shall be expressed in % volume and 10ths of % volume;
• (ii) the refractive index of grape must shall be obtained by the measuring method recognised by the Union. It must be expressed by the potential alcoholic strength in % volume. This may be replaced by the density expressed in grams per cm³;
• (iii) the density of fresh grape must with fermentation arrested by the addition of alcohol must be expressed in grams per cm³ and the actual alcoholic strength of that product must be expressed in % volume and tenths of % volume;
• (iv) the sugar content of concentrated grape must, rectified concentrated grape must and concentrated grape juice must be expressed by the content in grams, per litre and per kilogram, of total sugars;
• (v) the actual alcoholic strength of grape marc and of wine lees may also be indicated (optional) and expressed in litres of pure alcohol per decitonne. This information must be expressed using the tables of equivalence recognised by the Union, contained in the rules on analysis methods.

• (d) Tolerances Without prejudice to Union provisions laying down limits for certain wine products, the following tolerances shall be allowed:
• (i) as regards total or actual alcoholic strength, a tolerance of ± 0,2 % volume;
• (ii) as regards density, a tolerance of six units more or less to the fourth decimal place (± 0,0006);
• (iii) as regards the sugar content, ± 3 %.

• (e) Other indications for the carriage of products in bulk:
• (i) Wine-growing zone The wine-growing zone in which the product transported originates shall be indicated in accordance with Appendix I of Annex VII to Regulation (EU) No 1308/2013, using the following abbreviations: A, B, C I, C II, C III(a) and C III(b).
• (ii) Operations performed The operations which the products transported have undergone shall be indicated, using the following figures in brackets: 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. Examples: (a) for a wine originating in area B which has been fortified, indicate B(5); (b) for a grape must originating in area C III(b) which has been acidified, indicate C III(b)(2). Indications regarding the wine-growing area and the operations performed must be given in addition to those regarding the description of the product and within the same field of vision.

2.2.   **Indications referring to the

**net quantity

• (a) of grapes, concentrated grape must, rectified concentrated grape must, concentrated grape juice, grape marc and wine lees in tonnes or kilograms must be expressed by the symbols ‘t’ or ‘kg’;

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

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

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

Image omitted; see official source Image omitted; see official source

• 1.Symbol of Member State

• 2.Competent authority with territorial responsibility

• 3.Authentication

D. INDICATIONS REFERRED TO IN ARTICLE 13(2)

In Bulgarian	:	Изнесено: Декларация за износ № … от [дата]
---	---	---
In Croatian	:	Izvezeno: Izvozna deklaracija br. … [datum]
---	---	---
In Czech	:	Vyvezeno: Vývozní prohlášení č. … ze dne [datum]
---	---	---
In Danish	:	Udførsel: Udførselsangivelse-nr.: … af [dato]
---	---	---
In Dutch	:	Uitgevoerd: Uitvoeraangifte nr. … van [datum]
---	---	---
In English	:	Exported: Export declaration No … of [date]
---	---	---
In Estonian	:	Eksporditud: Ekspordideklaratsiooni nr …, … [kuupäev]
---	---	---
In Finnish	:	Viety: Vienti-ilmoitus nro …, … [päiväys]
---	---	---
In French	:	Exporté: Déclaration d'exportation no … du [date]
---	---	---
In German	:	Ausgeführt: Ausfuhranmeldung Nr. … vom [Datum]
---	---	---
In Greek	:	Εξαχθέν: Δήλωση εξαγωγής αριθ. … της [ημερομηνία]
---	---	---
In Hungarian	:	Exportálva: Exportnyilatkozat-sz.: …, [dátum]
---	---	---
In Italian	:	Esportato: Dichiarazione di esportazione n. … del [data]
---	---	---
In Latvian	:	Eksportēts: [datums] Eksporta deklarācija Nr. …
---	---	---
In Lithuanian	:	Eksportuota: Eksporto deklaracija Nr. …, [data]
---	---	---
In Maltese	:	Esportat: Dikjarazzjoni tal-esportazzjoni nru … ta' [data]
---	---	---
In Polish	:	Wywieziono: Zgłoszenie eksportowe nr … z dnia [data]
---	---	---
In Portuguese	:	Exportado: Declaração de exportação n.o … de [data]
---	---	---
In Romanian	:	Exportat: Declarație de export nr. … din [data]
---	---	---
In Slovak	:	Vyvezené: Vývozné vyhlásenie č. … zo dňa [dátum]
---	---	---
In Slovenian	:	Izvoženo: Izvozna deklaracija št. … z dne [datum]
---	---	---
In Spanish	:	Exportado: Declaración de exportación no … de [fecha]
---	---	---
In Swedish	:	Exporterad: Export deklaration nr … av den [datum].

ANNEX VI

CERTIFICATE OF ORIGIN OR PROVENANCE AND CHARACTERISTICS OF THE WINE PRODUCTS, THE VINTAGE YEAR OR THE GRAPE VARIETY(IES) FROM WHICH THE PRODUCTS ARE PRODUCED AND THE PDO OR PGI OF WINES OF THE UNION

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

PART I

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

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

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

• (1) they fulfil the requirements for labelling and presentation in respect of:
• (a) protected designation of origin (PDO) or protected geographical indication (PGI) No […, …] registered in the ‘E-Bacchus register’ set up by the Union, in accordance with Article 18 of Regulation (EC) No 607/2009;
• (b) the vintage year, in accordance with the rules provided for in Article 120 of Regulation (EU) No 1308/2013;
• (c) the wine-grape variety(ies) (‘varietal wines’), in accordance with the rules provided for in Article 81 and 120 of Regulation (EU) No 1308/2013;

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

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

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

Signature and Date Name and title of producer/processor	Administrative reference assigned by the competent authority ‘ARC number’ or ‘MVV code’

PART II

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

A. TEMPLATE