LegalizeCommission Implementing Regulation (EU) 2021/2266 of 17 December 2021 laying down rules for the application of Council Directive 92/83/EEC as regards the certification and self-certification of independent small producers of alcoholic beverages for excise duty purposes
Article 1
Independent small producer certificate
The form of the certificate for independent small producers referred to in Article 23a(1) of Directive 92/83/EEC (‘the certificate’) is set out in the Annex to this Regulation.
Article 2
Reference to the certificate in the administrative documents for the movement of excise goods
For the purposes of referring to the certificate in the administrative documents mentioned in Articles 20, 26, 36 and 38 of Council Directive (EU) 2020/262 (1), the information to be included in them, as set out in Table 1 of Annex I to Commission Delegated Regulation (EU) 2022/1636 (2), shall be the following:
(a) in box 17v: ‘The product described has been produced by’ followed by, as applicable, one of the following terms: (a) ‘a certified independent small brewery’; (b) ‘a certified independent small wine producer’; (c) ‘a certified independent small producer of fermented beverages other than wine and beer’; (d) ‘a certified independent small intermediate products producer’; (e) ‘a certified independent small distillery’;
(b) in box 18e: the document type for the certificate;
(c) in box 18f: the serial number of the certificate.
Article 4
Self-certification by independent small producers
Where independent small producers fall within the definitions set out in Article 4(2), Article 9a(2), Article 13a(4), Article 18a(3) or Article 22(2) of Directive 92/83/EEC, and Member States allow independent small producers established in their respective territory to self-certify, the producers’ status as well as their annual production shall be declared in the administrative document in accordance with Article 5 of this Regulation.
Article 5
Requirements for the completion of the administrative documents in the case of self-certification for the movement of excise goods
In the administrative documents mentioned in Articles 20, 26, 36 and 38 of Directive (EU) 2020/262, the status of the independent small producers shall be declared in box 17v, as set out in Table 1 of Annex I to Delegated Regulation (EU) 2022/1636, in the following terms: ‘ It is hereby certified that the product described has been produced by ’ followed by, as applicable, one of the following terms:
(a) ‘an independent small brewery’;
(b) ‘an independent small wine producer’;
(c) ‘an independent small producer of fermented beverages other than wine and beer’;
(d) ‘an independent small intermediate products producer’;
(e) ‘an independent small distillery’.
The SEED number shall be the excise related authorisation number granted by the competent authorities referred to in Article 19(1) of Regulation (EU) No 389/2012. The VAT number, as referred to in Article 214 of Council Directive 2006/112/EC (4), shall be indicated only when the independent small producer does not have a SEED number.
Article 7
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2022.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX
EUROPEAN UNION
| Serial No: | ||||
|---|---|---|---|---|
| 1. IDENTIFICATION OF THE INDEPENDENT SMALL PRODUCER | ||||
| Designation/name | ||||
| Street and No | ||||
| Postcode, place | ||||
| Member State of establishment SEED number/VAT number | ||||
| 2. DESCRIPTION OF THE ALCOHOLIC BEVERAGES FOR WHICH THE EXCISE DUTY CERTIFICATE IS REQUESTED | ||||
| Type of alcoholic beverages | Description | Total annual production | ||
| 3. IDENTIFICATION OF THE COMPETENT AUTHORITY Name Office Reference Number (if applicable) Address Telephone number Email address | ||||
| 4. CONFIRMATION BY THE COMPETENT AUTHORITY The undersigned national authority confirms: — the total annual production described in box 2 of the independent small producer mentioned in box 1. — that the independent small producer identified in box 1 complies with the criteria set out in, as appropriate, Articles 4(2), 9a(2), 13a(4), 18a(3) and 22(2) of Directive 92/83/EEC. | ||||
| Name and status of signatory | ||||
| Place, date | Stamp (if applicable) | Signature |
Explanatory notes
This certificate serves as a supporting document for the application of a reduced excise duty rate for alcoholic beverages produced by independent small producers, as referred to in Article 23a of Directive 92/83/EEC. Accordingly, one certificate per year referring to all types of alcoholic beverages produced shall be drawn up for each independent small producer.
The form on which the certificate is issued shall measure 210 × 297 mm. Where the form is printed, it shall be done on white paper not containing mechanical pulp.
The certificate shall be completed legibly and in a manner that makes entries indelible. No erasures or overwriting shall be permitted. The certificate shall be completed in a language recognised by the Member State in which the independent small producer is established. The term ‘recognised language’ shall mean one of the languages officially in use in the Member State of the independent small producer or any other official language of the Union which that Member State has declared as acceptable for that purpose.
Where the certificate is drawn up in a language other than a language recognised by the Member State of destination, a translation shall, upon request of the authorities of that Member State, be attached to the certificate by the consignee when submitting it. That Member State may, at its discretion, dispense with the obligation of attaching the translation.
The serial number shall be composed of 14 digits. It shall begin with the two-digit number referring to the year in which the certificate is issued; followed by an identifier of the Member State with a two-letter code for the issuing country in accordance with point 3 of Annex II to Delegated Regulation (EU) 2022/1636; followed by a unique identifier of 10-digit alphanumeric national number, assigned by the Member State where the independent small producer is established. An example of such a serial number is: 22ES01ABCD234E.
In box 1 of the certificate, the relevant data necessary for the identification of the independent small producer shall be indicated, including its SEED number. Only if the independent small producer does not have a SEED number, shall the VAT number be indicated.
In box 2 of the certificate, the competent authority shall indicate the total annual production of the alcoholic beverages of the independent small producer for which the certificate is requested, taking into account the following:
(a) the type of alcoholic beverage shall be specified in accordance with the following list, as set out in the Directive 92/83/EEC: (i) beer; (ii) wine; (iii) fermented beverages other than wine and beer; (iv) intermediate products; (v) ethyl alcohol; (b) the description of the product may be indicated. Where the description of intermediate products and other fermented beverages is indicated, the description should be in accordance with Article 13a(2) and (3) and Article 18a(2) of Directive 92/83/EEC; (c) the quantity of the alcoholic beverage shall be expressed in hectolitres, except for ethyl alcohol, for which hectolitres of pure alcohol shall be indicated.
In box 3 of the certificate, the relevant data necessary for the identification of the competent authority shall be indicated, including the Customs Office Reference Number, where applicable, as set out in point 4 of Annex II to Delegated Regulation (EU) 2022/1636.
The competent authorities may dispense with the obligation to stamp the issued certificate if it is authenticated by other means, such as an electronic signature.
Reading this document does not replace reading the official text published in the Official Journal of the European Union. We assume no responsibility for any inaccuracies arising from the conversion of the original to this format.