Commission Implementing Regulation (EU) 2018/274 of 11 December 2017 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the scheme of authorisations for vine plantings, certification, the inward and outward register, compulsory declarations and notifications, and of Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the relevant checks, and repealing Commission Implementing Regulation (EU) 2015/561

CHAPTER I

INTRODUCTORY PROVISIONS

Article 1

Subject matter

This Regulation lays down rules for the application of Regulations (EU) No 1306/2013 and (EU) No 1308/2013, respectively, as regards:

(a) the scheme of authorisations for vine plantings;

(b) certification;

(c) the inward and outward register;

(d) compulsory declarations;

(e) checks and the analytical databank of isotopic data;

(f) notifications.

CHAPTER II

SCHEME OF AUTHORISATIONS FOR VINE PLANTINGS

Article 2

Authorisations for vine plantings

Article 3

Prior decisions on areas to be made available for new plantings

Article 4

Criteria for granting authorisations for new plantings

The decisions referred to in paragraph 1 shall concern:

(a) the application of one or more of the criteria listed in the second subparagraph of Article 64(1) of Regulation (EU) No 1308/2013, including due justification in case Member States decide to apply Article 64(1)(d) of that Regulation, as well as the criteria set in Article 4(1) of Delegated Regulation (EU) 2018/273;

(b) the number of hectares available for granting authorisations at national level: (i) on a pro rata basis; (ii) according to priority criteria listed in Article 64(2) of Regulation (EU) No 1308/2013, as well as in Article 4(3) of Delegated Regulation (EU) 2018/273.

Article 5

Default rules for new plantings

Where Member States do not make public the decisions referred to in Articles 3 and 4 by 1 March of the respective year, the following rules for granting authorisations for new plantings shall apply for the given year:

(a) availability of authorisations for new plantings corresponding to 1 % of the total area actually planted with vines in their territory, as specified in Article 63(1) of Regulation (EU) No 1308/2013, and without other limits;

(b) pro rata distribution of hectares to all eligible applicants on the basis of the area for which they have requested the authorisation, where applications exceed the area made available.

Article 6

Submission of applications for new plantings

Where no decision on limits or on the criteria to be applied was taken in accordance with Articles 3 and 4, Member States may exempt applicants from the requirement to indicate in the application the specific location of the area in the applicant's holding for which the authorisation is requested. Member States may request, where relevant for the implementation of the scheme of authorisations, additional information from applicants.

Where Member States decide to use certain criteria for the granting of authorisations for new plantings in accordance with Article 4, the following rules shall apply:

(a) eligibility criteria referred to in Article 64(1)(c) of Regulation (EU) No 1308/2013 and in Article 4(1) of Delegated Regulation (EU) 2018/273: applications shall indicate the grapevine product(s) the applicant intends to produce in the newly planted area(s), specifying whether the applicant intends to produce one or more of the following: (i) wines with a protected designation of origin (‘PDO’); (ii) wines with a protected geographical indication (‘PGI’); (iii) wines without geographical indication, including with an indication of the wine grape variety;

(aa) priority criterion referred to in Article 64(2), point (b), of Regulation (EU) No 1308/2013: if applicable, applications shall indicate the grapevine variety the applicant intends to grow in the newly planted area(s), which must be listed in a list of varieties eligible for the conservation of the genetic resources of vines established and made public by the competent authority of the Member State concerned and which have been classified in accordance with Article 81(2) of that Regulation;

(b) priority criterion referred to in Article 64(2)(e) of Regulation (EU) No 1308/2013: applications shall include information of an economic nature demonstrating the economic sustainability of the respective project on the basis of one or more of the standard methodologies of financial analysis for agricultural investment projects mentioned in Part E of Annex II to Delegated Regulation (EU) 2018/273;

(c) priority criterion referred to in Article 64(2), point (f), of Regulation (EU) No 1308/2013: applications shall include information of an economic nature demonstrating the increased cost-efficiency or competitiveness or presence on the markets of the holding on the basis of the considerations laid down in Part F of Annex II to Delegated Regulation (EU) 2018/273;

(d) priority criterion referred to in Article 64(2)(g) of Regulation (EU) No 1308/2013: applications shall include information demonstrating the potential for the improvement of products with geographical indications on the basis of one of the conditions laid down in Part G of Annex II to Delegated Regulation (EU) 2018/273;

(e) priority criterion referred to in Article 64(2), point (h), of Regulation (EU) No 1308/2013: applications shall include information showing that the size of the area of vineyard parcels of the applicant’s holding not benefiting from the exemptions laid down in Article 62(4) of Regulation (EU) No 1308/2013 complies, at the time of the application, with thresholds to be established by Member States on the basis of the provisions laid down in Part H of Annex II to Delegated Regulation (EU) 2018/273;

(f) where Member States require applicants to undertake the commitments referred to in Parts A and B of Annex I and Parts A, B, D, E, F, G and point II of Part I of Annex II to Delegated Regulation (EU) 2018/273 in relation to the respective criteria, applications shall include those commitments.

Where any of the elements mentioned in points (a) to (f) of the first subparagraph may be gathered directly by Member States, Member States may exempt applicants from including such elements in their applications.

Article 7

Granting of authorisations for new plantings

Member States shall, not later than 1 August, grant the authorisations to the selected applicants according to the outcome of the selection procedure referred to in the first subparagraph. Where eligible applications have not been fully satisfied, applicants shall be informed of the reasons for such decision.

In the case referred to in the first subparagraph, the applicant shall not be subject to the administrative penalties referred to in Article 62(3) of Regulation (EU) No 1308/2013. Member States may decide that the corresponding number of hectares is made available in the same year, not later than 1 October, for authorisations to be granted to applicants that were granted only a part of the area they requested in accordance with the outcome of the selection procedure referred to in paragraph 2, and which did not refuse the corresponding authorisations. Member States may also decide to make available those hectares in the following year in addition to the 1 % of the total area planted with vines as provided for in Article 63(1) of Regulation (EU) No 1308/2013.

Article 8

Restrictions of the granting of authorisations for replantings

Professional organisations or interested groups of producers referred to in Article 65 of Regulation (EU) No 1308/2013 shall present the recommendations to be taken into account by the Member State pursuant to that Article 66(3) with sufficient time for their examination before the decision referred to in the first subparagraph is taken. The Member State concerned shall make public those recommendations.

Where a recommendation from a professional organisation or an interested group of producers is made for a period of time longer than one year but no more than three years, as provided for in the second subparagraph of Article 65 of Regulation (EU) No 1308/2013, such decisions may also apply for a period of time up to three years.

Where such professional organisations or interested groups of producers do not submit the relevant recommendations with sufficient time for their examination as provided for in paragraph 1, or Member States do not make public the relevant decisions by 1 March, Member States shall automatically authorise the replanting as provided for in Article 9.

Article 9

Procedure for granting authorisations for replantings

The specific size and the location of the area(s) grubbed up and of the area(s) to be replanted in the same applicant's holding for which the authorisation is to be granted shall be identified in the applications. Where no restrictions are decided in accordance with Article 8, and the applicant has not undertaken any of the commitments referred to in point (2)(b) of Part A and point (2)(b) of Part B of Annex I to Delegated Regulation (EU) 2018/273 and in point (4) of Part B and Part D of Annex II to that Delegated Regulation, Member States may exempt applicants from the requirement to indicate in the application the specific location of area(s) to be replanted for which the authorisation is to be granted. Member States may request, where relevant for the implementation of the scheme of authorisations, additional information from applicants.

Member States shall automatically grant authorisations within three months from the submission of the applications. However, Member States may decide to apply the time-periods referred to in Articles 6 and 7 for the submission of applications and granting of authorisations for new plantings, respectively.

The specific size and the location of the area(s) to be grubbed up and of the area(s) to be replanted in the same applicant's holding for which the authorisation is to be granted shall be identified in the applications. Applications shall also include the commitment to grub up the area planted with vines at the latest by the end of the fourth year from the date on which new vines have been planted. Member States may request, where relevant for the implementation of the scheme of authorisations, additional information from applicants.

Member States shall automatically grant authorisations within three months as from the submission of the application. However, Member States may decide to apply the time periods referred to in Articles 6 and 7 for the submission of applications and granting of authorisations for new plantings, respectively.

Article 10

Procedure for granting the authorisations according to the transitional provisions

The specific size and location of the area in the applicant's holding for which the authorisation is to be granted shall be identified in the applications. Member States may exempt applicants from the requirement to indicate in the application the specific location of the area in the applicant's holding for which the authorisation is to be granted. Member States may request, where relevant for the implementation of the scheme of authorisations, additional information from applicants.

Article 11

Modification of the specific area for which the authorisation is granted

In duly justified cases, Member States may decide, at the request of the applicant, that a vine planting may be made in an area of the holding which is different from the specific area for which the authorisation has been granted provided that the new area has the same size in hectares and that the authorisation is still valid in accordance with Article 62(3) of Regulation (EU) No 1308/2013.

The first paragraph shall not apply where authorisations have been granted on the basis of the compliance with specific eligibility or priority criteria linked to the location indicated in the application and the request for modification indicates a new specific area outside such location.

CHAPTER III

CERTIFICATION OF WINE PRODUCTS

Article 12

Procedure and technical criteria applicable to certification

In addition, Member States may decide on:

(a) an organoleptic test of the wine relating to the odour and the taste with the view to verifying that the essential characteristic of the wine is due to the wine grape variety or varieties used on anonymous samples;

(b) an analytical test in case of a wine made from a single wine grape variety.

The procedure shall be carried out in the Member State in which the wine is produced. In case of mixtures of wines from different Member States as referred to in Article 120(2)(c) of Regulation (EU) No 1308/2013, certification may be carried out by any of the Member States concerned.

The costs of the certification shall be borne by the operators subject to it, save where Member States decide otherwise.

CHAPTER IV

INWARD AND OUTWARD REGISTER

Article 13

Scope and form of the register

Operators required to keep the inward and outward register, in this Chapter referred to as ‘the register’, shall record:

(a) the entry and withdrawal of each batch of wine products referred to in Article 147(2) of Regulation (EU) No 1308/2013 to or from their premises;

(b) the category of product, as specified in Article 14;

(c) the operations specified in Article 29 of Delegated Regulation (EU) 2018/273 where they are carried out on their premises.

For each annotation in the register, operators referred to in the first subparagraph must be able to present one of the accompanying documents referred to in Article 10 of Delegated Regulation (EU) 2018/273 or any other commercial document which has accompanied the relevant consignment.

The register shall take one of the following forms:

(a) fixed leaves numbered consecutively;

(b) an electronic record presented in accordance with the detailed rules laid down by the competent authorities;

(c) a suitable modern accounting system, approved by the competent authorities;

(d) a collection of accompanying documents containing the date on which they were drawn up or taken over by merchants.

However, Member States may provide that the register kept by producers may take the form of notes on the reverse side of the production, stock or harvest declarations provided for in Chapter VI of Delegated Regulation (EU) 2018/273.

Article 14

Products to be entered in the register

For products to be entered in the register, separate accounts shall be kept for:

(a) each of the categories listed in Part II of Annex VII to Regulation (EU) No 1308/2013, by distinguishing: (i) each wine with a PDO and products intended for processing into such a wine; (ii) each wine with a PGI and products intended for processing into such a wine; (iii) each wine not covered by a PDO or PGI produced with a single wine grape variety and the products intended for processing into such a wine, with the reference of the classification of the wine grape variety adopted by the Member State pursuant to Article 81 of Regulation (EU) No 1308/2013 and with the indication of the vintage year; (iv) each wine not covered by a PDO or PGI produced with two or more wine grape varieties and the products intended for processing into such a wine, with the indication of the vintage year; (v) each product not complying with oenological practices and restrictions provided for in Article 80 of Regulation (EU) No 1308/2013 or in Regulation (EC) No 606/2009 which has to be destroyed in accordance with Article 10 of Regulation (EC) No 606/2009;

(b) each of the following products held for whatever purpose: (i) sucrose; (ii) concentrated grape must; (iii) rectified concentrated grape must; (iv) products used for acidification; (v) products used for de-acidification; (vi) spirits distilled from wine; (vii) each by-product of wine products which has to be disposed of in accordance with Section D of Part II of Annex VIII to Regulation (EU) No 1308/2013 and Articles 14a and 14b of Regulation (EC) No 606/2009, with indication whether it concerns delivery for distillation, vinegar production or specific use not involving wine making.

Article 15

Information on the wines products to be included in the register

For every entry or withdrawal of products referred to in Article 14(1)(a), the register shall give:

(a) the lot number of the product [where such a number is] required under Union or national law;

(b) the date of the operation;

(c) the quantity entered or withdrawn;

(d) the product concerned, described in accordance with the relevant Union or national law;

(e) a reference to the accompanying document or certificate which accompanies or accompanied the consignment in question in accordance with Articles 10, 11 and 20 of Delegated Regulation (EU) 2018/273, except for the cases referred to in Article 9 of that Regulation.

However, in the case of containers of 600 litres or less, filled with the same product and stored together in the same lot, the lot as a whole may be marked rather than the individual containers, provided that it is clearly separated from other lots.

Article 16

Information concerning the operations to be included in the register

For each of the operations specified in Article 29 of Delegated Regulation (EU) 2018/273, the register shall include:

(a) the operations carried out;

(b) in case of the operations referred to in points (a), (b) and (c) of Article 29(2) of Delegated Regulation (EU) 2018/273: (i) the date of the operation; (ii) the nature and quantities of the products used; (iii) the quantity of product obtained from the operation, including the alcohol produced by the correction of alcohol content of wine and the quantity of sugar contained in the sugar solution removed from the initial must; (iv) the quantity of product used in increasing the alcoholic strength, acidification and de-acidification and sweetening; (v) the description of the products before and after the operation, in accordance with the relevant Union or national law;

(c) the markings on the containers in which the products entered in the register were contained before the operation and are contained after the operation;

(d) in the case of bottling, the number of containers filled and their content;

(e) in the case of contract bottling, the name and address of the bottler.

Article 17

Information concerning sparkling wines and liqueur wines to be included in the register

For the production of sparkling wine, the registers shall show, for each cuvée prepared:

(a) the date of preparation;

(b) the date of bottling for all categories of quality sparkling wine;

(c) the volume of the cuvée and the description, volume and actual and potential alcoholic strength of each of its constituents;

(d) the amount of tirage liqueur used;

(e) the amount of expedition liqueur;

(f) the number of containers obtained, specifying where appropriate the type of sparkling wine, using a term relating to its residual sugar content, provided the term appears on the label.

For the production of liqueur wine, the registers shall show for each batch being prepared:

(a) the date of addition of any of the products listed in point (3)(e) and (f) of Part II of Annex VII to Regulation (EU) No 1308/2013;

(b) the type and volume of the product added.

Article 18

Information on specific products to be included in the register

The separate accounts for the products referred to in Article 14(1)(b) shall show for each product: