2008R0555 — EN — 12.03.2013 — 006.001

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This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

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COMMISSION REGULATION (EC) No 555/2008 of 27 June 2008 laying down detailed rules for implementing Council Regulation (EC) No 479/2008 on the common organisation of the market in wine as regards support programmes, trade with third countries, production potential and on controls in the wine sector (OJ L 170, 30.6.2008, p.1)

Amended by:

		Official Journal
		No	page	date
►M1	COMMISSION REGULATION (EC) No 42/2009 of 20 January 2009	L 16	6	21.1.2009
►M2	COMMISSION REGULATION (EC) No 702/2009 of 3 August 2009	L 202	5	4.8.2009
►M3	COMMISSION REGULATION (EU) No 772/2010 of 1 September 2010	L 232	1	2.9.2010
►M4	COMMISSION IMPLEMENTING REGULATION (EU) No 314/2012 of 12 April 2012	L 103	21	13.4.2012
►M5	COMMISSION IMPLEMENTING REGULATION (EU) No 568/2012 of 28 June 2012	L 169	13	29.6.2012
►M6	COMMISSION IMPLEMENTING REGULATION (EU) No 202/2013 of 8 March 2013	L 67	10	9.3.2013

Corrected by:

►C1	Corrigendum, OJ L 139, 5.6.2010, p. 3  (555/2008)

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COMMISSION REGULATION (EC) No 555/2008

of 27 June 2008

laying down detailed rules for implementing Council Regulation (EC) No 479/2008 on the common organisation of the market in wine as regards support programmes, trade with third countries, production potential and on controls in the wine sector

TITLE I

INTRODUCTORY PROVISIONS

Article 1

Scope and use of terms

1.  This Regulation lays down implementing rules concerning the application of the following provisions of Regulation (EC) No 479/2008:

This Regulation shall not affect the application of:

2.  Terms used in Regulation (EC) No 479/2008 shall have the same meaning when used in this Regulation.

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3.  For the purposes of Title II, ‘operation’ shall mean a project, contract or arrangement, or other action included in a given support programme, corresponding to any of the activities under the measures referred to in Article 7(1) of Regulation (EC) No 479/2008 and implemented by one or more beneficiaries.

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TITLE II

SUPPORT PROGRAMMES

CHAPTER I

Procedure for submission

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Article 2

Submission of support programmes

1.  The first submission of the draft support programme referred to in the first subparagraph of Article 103k(1) of Regulation (EC) No 1234/2007 shall refer to the five financial years 2009 to 2013.

For the financial years 2014 to 2018, Member States shall submit their draft support programme to the Commission by 1 March 2013. If the national envelopes foreseen from the financial year 2014 and onwards are modified after that date, the Member States shall adapt the support programmes accordingly.

Member States shall make their draft support programme available to the Commission by electronic means using the form in Annex I.

Member States shall submit their financial planning for the draft support programme referred to in the first and second subparagraphs to the Commission in the form set out in Annex II.

2.  Member States shall notify the Commission their legislation related to the draft support programmes referred to in paragraph 1 once adopted or modified. This notification can be done by informing the Commission about the site where the legislation concerned is publicly available.

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3.  Member States deciding to reduce, from the 2015 financial year onwards, the amount available for the support programmes in order to increase their national ceilings for direct payments referred to in Article 40 of Council Regulation (EC) No 73/2009 ( 10 ), shall notify these amounts before 1 August 2013. The data submitted in the forms provided in Annexes I, II, III, VII and VIII shall be adapted accordingly if that decrease had not been already foreseen in the draft support programme presented by 1 March 2013.

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4.  Member States deciding to set up their support programme including regional particularities may also submit details by region in the form provided for in Annex III.

5.  Member States shall bear the responsibility for expenditure between the date on which their support programme is received by the Commission and the date of its applicability according to Article 103k(2), first subparagraph of Regulation (EC) No 1234/2007.

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Article 3

Modifications of support programmes

1.  Revised programmes referred to in Article 5(2) of Regulation (EC) No 479/2008 shall be submitted to the Commission in the form set out in Annex I to this Regulation including, where applicable, the revised financial planning in the form set out in Annex IV to this Regulation.

Member States referred to in Article 5(4) of Regulation (EC) No 479/2008 need not submit the form set out in Annex IV.

Member States shall bear the responsibility for expenditure between the date on which their support programme revision is received by the Commission and the date of its applicability according to Article 5(2) second subparagraph of Regulation (EC) No 479/2008.

2.  Except in cases of emergency measures due to natural disasters, changes in respect of support programmes shall not be submitted more than twice per financial year. If a Member State finds it necessary to modify its support programme, it shall submit it by 1 March and by 30 June of each year at the latest with, where appropriate:

Any transfer concerning the measure as referred to in Article 9 of Regulation (EC) No 479/2008 shall be notified before 1 December preceding the calendar year in which the Single Payment Scheme will be applicable.

CHAPTER II

Eligible measures

Section 1

Promotion on third-country markets

Article 4

Eligible operations and markets

Wines referred to in Article 10(2) of Regulation (EC) No 479/2008 shall be eligible for promotion on third-country markets provided that:

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The beneficiaries may be private companies as well as professional organisations, producer organisations, inter-branch organisations or, where a Member State decides so, to public bodies. In any event, Member States shall not make a public body the sole beneficiary of the promotion measure.

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In order to prevent misuse of the scheme, the elements referred to in paragraphs (a) and (c) shall not in general be permitted to change within the duration of the supported actions unless evidence shows that such changes allow for a better accomplishment.

Article 5

Selection procedure

 

Member States shall lay down the application procedure and the procedure for the possible renewal, as referred to in point (d) of the first paragraph of Article 4, which shall in particular provide detailed rules on:

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2.  The Member States shall select the application in particular against the following criteria:

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3.  Having examined the applications, Member States shall select those offering the best value for money. Preference shall be given to:

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4.  Two or more Member States may decide to select a joint promotion operation. They shall undertake to contribute to the financing and agree on administrative collaboration procedures to facilitate the monitoring, implementation and checking.

5.  Member States shall ensure that any national or regional supported campaign are in agreement with measures financed under Regulation (EC) No 3/2008 or Regulation (EC) No 1698/2005 and measures funded under national and regional campaigns.

6.  No support shall be granted under Article 10 of Regulation (EC) No 479/2008 for a given operation supported under Article 20(c)(iii) of Regulation (EC) No 1698/2005 or under Article 2(3) of Regulation (EC) No 3/2008.

7.  Member States may provide for support to be advanced before any operation has been implemented, provided that the beneficiary has lodged a security.

8.  Where Member States grant national aid for promotion, they shall communicate them in the relevant part of Annexes I, V, VII and VIII to this Regulation.

Section 2

Restructuring and conversion of vineyards

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Article 6

Ineligible operations

1.  For the purposes of the second subparagraph of Article 103q(3) of Regulation (EC) No 1234/2007, ‘the normal renewal of vineyards which have come to the end of their natural life’ shall mean the replanting of the same parcel of land with the same variety according to the same system of vine cultivation. Member States may establish further specifications, especially as regards to the age of the vineyards replaced.

2.  The following operations are not eligible:

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Article 7

Procedure and applications

1.  Member States shall lay down:

2.  Member States may lay down a minimum size of the area which may qualify for support for restructuring and conversion, and a minimum size of area resulting from restructuring and conversion and any derogation from this requirement which shall be duly justified and based on objective criteria.

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Article 8

Levels of support

1.  Subject to the provisions of Article 103q of Regulation (EC) No 1234/2007 and of this Chapter, Member States shall lay down rules setting out the eligible restructuring and conversion actions and their respective eligible costs. The rules shall be designed to ensure that the objective of the scheme is met.

The rules may provide in particular either for the payment of flat-rate amounts, or for maximum levels of support per hectare. In addition, the rules may provide for the adjustment of the support on the basis of objective criteria.

2.  In order to avoid overcompensation, where Member States make use of flat rate amounts, these shall be established on the basis of an accurate calculation of the actual costs of each type of operation. Flat rate amounts may be adapted annually if justified.

3.  The support is paid for the area planted, defined in conformity with Article 75(1).

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Article 9

Financial management

 

Support shall be paid once it is ascertained that either a single operation or all the operations covered by the support application, according to the choice made by the Member State for the management of the measure, have been implemented and checked on-the-spot, in accordance with Article 81 of this Regulation.

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Where support is normally payable only after implementation of all the operations, support shall nevertheless be paid for single operations implemented if the remaining operations could not be carried out due to force majeure or exceptional circumstances within the meaning of Article 40(4) of Regulation (EC) No 1782/2003 ( 12 ).

If checks show that an overall operation covered by the support application has not been fully implemented for reasons other than force majeure or exceptional circumstances within the meaning of Article 40(4) of Regulation (EC) No 1782/2003, and where support has been paid after single operations which are part of the overall operation covered by the support application, Member States shall decide to recover the aid paid.

2.  As an exception to paragraph 1, the Member States may provide for support for a given operation, or for all the operations covered by the support application, to be advanced to producers before that any operation has been implemented, provided that implementation has begun and the beneficiary has lodged a security. For the purposes of Regulation (EEC) No 2220/85 ( 13 ), the obligation shall be to implement the operations concerned by the end of the second wine year following payment of the advance.

That period may be adjusted by the Member State in cases where:

In order for support to be paid in advance, any previous operation carried out on the same area, for which the producer also received support in advance, must have been fully implemented.

If checks show that the measure covered by the aid application, and for which an advance has been paid, has not been fully implemented, the Member States may decide to apply a penalty.

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Article 10a

Compatibility and consistency

1.  The support for costs of restructuring and conversion referred to in Article 11(4)(b) of Regulation (EC) No 479/2008 shall not cover purchase expenses of farm vehicles.

2.  No operation shall be included for support pursuant to Article 11 of Regulation (EC) No 479/2008 under a national support programme in accordance with Title II of that Regulation for a given Member State or region which is included for support in the rural development programme of that Member State or region under Regulation (EC) No 1698/2005.

3.  Member States shall present the operations they include in their support programmes for the restructuring and conversion measure in the relevant part of Annex I in such detail as to allow for verification that that operation is not included for support in their rural development programmes.

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Section 3

Green harvesting

Article 11

Definition of green harvesting

For the purposes of Article 12 of Regulation (EC) No 479/2008 and of this Section, leaving commercial grapes on the plants at the end of the normal production cycle (non-harvesting) shall not be considered green harvesting.

In addition, the area of any parcel supported with green harvesting shall not be counted when calculating the yield limits set in the technical specifications of wines with a geographical indication.

Article 12

Conditions for the implementation of green harvesting

1.  In relation to the green harvesting measure, Member States shall:

2.  Green harvesting shall not be applied on the same parcel for two consecutive years.

3.  In case of complete or partial damage of the crops due to in particular natural disaster within the meaning of Article 2(8) of Commission Regulation (EC) No 1857/2006 ( 14 ) before the date of green harvesting, no support shall be granted.

4.  In case of complete or partial damage occurring between the payment of the green harvesting support and the harvesting period, no harvest insurance financial compensation of the loss of income may be granted for the area already supported.

Article 13

Application procedure

1.  Member States shall lay down the application procedure shall in particular provide for the applicable premium to the producer concerned and the information required to accompany the application. The application shall contain details on the area, the average yield, the method to be used as well as the grape variety and the type of wine produced from it.

2.  Member States shall verify whether the applications are well founded. For this purpose, they may foresee that a written undertaking of the producer is lodged upon application. In case the application is withdrawn without duly justified reason they may provide for the producer concerned to bear the costs incurred concerning the treatment of its request.

Article 14

Compensation

1.  Each year Member States shall calculate the direct costs of green harvesting according to the different methods manual, mechanical and chemical that they allow in relation to Article 12(1)(a)(iii). In case more than one method is used on the same given area, compensation shall be calculated on the basis of the cheapest method.

2.  The Member States shall define the loss of revenue caused by green harvesting on the basis of objective and non-discriminatory criteria.

Subject to Article 12(4) of Regulation (EC) No 479/2008 Member States shall fix the level of support provided for in Article 12(3) of that Regulation on the basis of standard costs and standard assumptions of loss of revenue. Member States shall ensure that the calculations:

The premium is paid for the area planted, defined in conformity with Article 75(1) of this Regulation.

Section 4

Mutual funds

Article 15

Level of the aid

The measure referred to in Article 13 of Regulation (EC) No 479/2008, may be introduced by the Member States in their support programme according to the following rules:

Section 5

Harvest insurance

Article 16

Conditions of eligibility

The measure referred to in Article 14 of Regulation (EC) No 479/2008, may be introduced by the Member States in their support programme according to the following rules:

For the purposes of Article 14 of Regulation (EC) No 479/2008, an ‘adverse climatic event which can be assimilated to a natural disaster’ shall have the same meaning as in Article 2(8) of Commission Regulation (EC) No 1857/2006.

Where Member States grant national aid for harvest insurance, they shall communicate them in the relevant part of Annexes I, V and VII to this Regulation.

Section 6

Investments

Article 17

Eligible measures

The supported investments shall respect the Community standards applicable to the investment concerned.

Eligible expenditure shall be:

By way of derogation from point (b), and only for micro, small and medium-sized enterprises within the meaning of Commission Recommendation 2003/361/EC ( 15 ), Member States may, in duly substantiated cases, establish the conditions under which the purchase of second-hand equipment may be regarded as eligible expenditure.

Simple replacement investments shall not be eligible expenditure so as to make sure that the aim of the measure, i.e. the improvement in terms of adjustment to market demand and increased competitiveness, is met by these investments in the processing chain measure.

Article 18

Eligible measures for the development of new products

Costs for the development of new products, processes and technologies as referred to in Article 15(1)(b) of Regulation (EC) No 479/2008, shall concern preparatory operations, such as design, product, process or technology development and tests and tangible and/or intangible investments related to them, before the use of the newly developed products, processes and technologies for commercial purposes.

Simple replacement investments shall not be eligible expenditure so as to make sure that the aim of the measure, i.e. the improvement in terms of adjustment to market demand and increased competitiveness, is met by these supports.

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Article 19

Financial management

1.  Support shall be paid once it is ascertained that either a single operation or all the operations covered by the support application, according to the choice made by the Member State for the management of the measure, have been implemented and controlled on the spot.

Where support is normally payable only after implementation of all the operations, by way of derogation from the first subparagraph, support shall be paid for single operations implemented if the remaining operations could not be carried out due to force majeure or exceptional circumstances as referred to in Article 31 of Council Regulation (EC) No 73/2009 ( 16 ).

If checks show that an overall operation covered by the support application has not been fully implemented for reasons other than force majeure or exceptional circumstances as referred to in Article 31 of Regulation (EC) No 73/2009, and where support has been paid after single operations which are part of the overall operation covered by the support application, Member States shall decide to recover the aid paid.

2.  Beneficiaries of investment support may request the payment of an advance from the competent paying agencies if this option is included in the national support programme.

The amount of the advances shall not exceed 20 % of the public aid related to the investment, and its payment shall be subject to the establishment of a bank guarantee or an equivalent guarantee corresponding to 110 % of the amount of the advance. However, in the case of investments for which the individual decision to grant support is taken in 2009 or in 2010, the amount of the advances may be increased up to 50 % of the public aid related to that investment.

The guarantee shall be released when the competent paying agency establishes that the amount of actual expenditure corresponding to the public aid related to the investment exceeds the amount of the advance.

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Article 20

Compatibility and consistency

1.  No support shall be granted for marketing operations which received support under Article 10 of Regulation (EC) No 479/2008.

Where Member States grant national aid for investments, they shall communicate them in the relevant part of the forms set out in Annexes I, V and VII to this Regulation.

2.  No operation shall be included for support pursuant to Article 15 of Regulation (EC) No 479/2008 under a national support programme in accordance with Title II of that Regulation for a given Member State or region which is included for support in the rural development programme of that Member State or region under Regulation (EC) No 1698/2005.

3.  Member States shall present the operations they include in their support programmes for the investment measure in the relevant part of Annex I in such detail as to allow for verification that that operation is not included for support in their rural development programmes.

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Section 7

Disposal of by-products

Article 21

Fixing a minimum percentage of alcohol

1.  Subject to point 1 of Annex VI.D to Regulation (EC) No 479/2008, Member States shall establish the volume of alcohol that must be contained in the by-products in relation to that contained in the wine produced. Member States may modulate the minimum percentage of alcohol on the basis of objective and non-discriminatory criteria.

2.  Should the relevant percentage fixed by Member States in application of the first paragraph not be reached, those subject to the obligation shall deliver a quantity of wine from their own production, thus ensuring attainment of that percentage.

3.  For the purpose of determining the volume of alcohol contained in the by-products in relation to that contained in the wine produced, the standard wine natural alcoholic strengths by volume to be applied in the different wine-growing zones shall be:

Article 22

Disposal of by-products

Producers shall be required to withdraw the by-products of wine-making, or any other processing of grapes, under supervision subject to the following conditions:

The withdrawal of the wine lees in question shall be regarded as having taken place once the lees have been denatured to make their use in winemaking impossible and where the delivery of the denatured lees to third parties has been entered in the registers kept in accordance with Article 112(2) of Regulation (EC) No 479/2008. Member States shall take the measures necessary to ensure that such transactions are checked. They may have a system of prior recognition of the concerned third parties.

Member States may decide that producers who, during the wine year in question, do not produce more than 25 hectolitres of wine or must themselves on their own premises are not required to withdraw their by-products.

Article 23

Disposal with by-product distillation

1.  Producers may fulfil the obligation of disposal for a part or for the entirety of the by-products of wine-making or any other processing of grapes, by delivering the by-products to distillation.

2.  Member States may require that the delivery to distillation of a part or of the entirety of the by-products of wine making or of any other processing of grapes is made compulsory for a part or for the entirety of their producers, on the basis of objective and non-discriminatory criteria. This obligation can be also fulfilled by the delivery of wine to the vinegar industry.

3.  The relevant Member States may introduce a system of certification of distillers according to a procedure that they lay down.

Article 24

Purpose of the aid

1.  The aid referred to in Article 16 of Regulation (EC) No 479/2008 shall be paid, subject to the condition referred to in paragraph 3 and within the limit of the second subparagraph of paragraph 1 of the same Article, to distillers that process the products delivered to distillation into raw alcohol with an alcoholic strength of at least 92 % vol.

2.  The relevant aid shall include a lump-sum amount destined to compensate the costs of collection of these products which shall be transferred from the distiller to the producer, if the relevant costs are borne by the latter.

3.  Member States may provide for support to be advanced provided that the beneficiary has lodged a security.

4.  Member States shall adopt detailed rules for applying the measure provided for in this Article.

Article 25

Amount of the aid

1.  The maximum amount of the aid referred to in Article 16 of Regulation (EC) No 479/2008 to be paid to distillers is established by % volume alcohol and by hectolitre in the following manner:

2.  Member States shall fix, within the limits provided for in paragraph 1 on the basis of objective and non-discriminatory criteria, the amount of aid and the lump-sum compensation for the collection costs referred to in Article 24(2), and communicate them to the Commission in the relevant part of Annexes I, V and VII forms. These amounts may be adjusted according to different production typologies, on the basis of objective and non-discriminatory criteria.

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Article 25a

Verification of conditions

The competent authorities of the Member States shall take all necessary steps to verify respect of the conditions and the limit referred to in Article 24(1) of this Regulation in conjunction with Article 16(3) of Regulation (EC) No 479/2008. Member States may verify the respect of this limit at the level of each producer or at the national level. Member States which opt for verification at the national level shall not include in the alcohol balance the quantities which are not intended for distillation (withdrawal under supervision) nor those which are intended for the development of products other than alcohol for industrial use.

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CHAPTER III

Reporting, evaluation and general provisions

Article 35

Reporting and evaluation

1.  The report referred to in Article 21(1) of Regulation (EC) No 479/2008 shall be presented by Member States to the Commission in the form set out in Annex V and in Annex VI to this Regulation. The information contained in the appropriate tables shall refer to each year in respect of the measures of the support programme:

2.  In the same communication, technical data related to the implementation of the measures in the support programme, shall be presented by the Member States in the form set out in Annex VII. The details on the implementation of the promotion measure shall be presented by the Member States in the form set out in Annex VIII.

3.  References to a given financial year shall refer to payments actually made by Member States between 16 October and 15 October of the following year.

4.  The reporting referred to in Article 21(2) of Regulation (EC) No 479/2008 shall be presented by the Member States to the Commission in the same form set out in Annex V and in Annex VI to this Regulation. In addition the following items shall be inserted in the conclusions:

5.  Member States shall communicate to the Commission the measures taken to comply with the provisions foreseen in Article 9(1) and 12(1)(d). The communication shall be made in the form set out in Annexes VIIIa and VIIIb.

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6.  Member States deciding to transfer, for 2014 and from 2015 onwards, the entire amount of their national envelope for the support programmes in order to increase their national ceilings for direct payments referred to in Article 40 of Regulation (EC) No 73/2009, shall not be required to submit the forms set out in Annexes V to VIIIc to this Regulation.

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7.  Member States shall record the details of all support programmes, whether or not amended, and of all measures carried out in pursuance of programmes.

Article 36

Exclusion

None of the financial support from the national support programmes may be granted to producers concerned by unlawful areas referred to in Articles 85 and 86 of Regulation (EC) No 479/2008 and for graft nurseries as referred to in Article 60(3) of this Regulation.

Article 37

Payment delay to beneficiaries

Member States shall for each measure with the exception of Article 9 of Regulation (EC) No 479/2008:

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Article 37a

Communication related to State aid

1.  Notwithstanding Article 5(8), the third paragraph of Article 16 and the second subparagraph of Article 20(1) of this Regulation, when Member States grant State aid in accordance with Article 103n(4) of Council Regulation (EC) No 1234/2007 ( 17 ), they shall communicate to the Commission the following:

2.  If paragraph (1)(a) is applicable, Member States shall fill in Table 1 of Annex VIIIc,

3.  If paragraph (1)(b) is applicable, Member States shall transmit to the Commission

4.  The elements communicated in form of any of the tables of Annex VIIIc must be valid over the entire life cycle of the programme without prejudice to any subsequent changes of the programmes.

5.  Notwithstanding Article 103n(4) of Regulation (EC) No 1234/2007 and without prejudice to Article 3(2) of this Regulation, Member States granting national aid shall modify their support programme for the future, by filling in the appropriate tables of Annex VIIIb by 15 October 2009 at the latest. Article 103k(2) of Regulation (EC) No 1234/2007 apply to these modifications.

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TITLE III

TRADE WITH THIRD COUNTRIES

CHAPTER I

Entry price arrangements for grape juice and must

Article 38

Definition

For the purposes of this title ‘consignment’ means the quantity of a product consigned by one consignor to one consignee, presented under a single custom declaration for release for free circulation. Each declaration may cover only goods of one and the same origin, as defined in Articles 23 and 24 of Regulation (EEC) No 2913/92 ( 21 ), falling within a single Combined Nomenclature code.

Article 39

Verification by consignment

1.  For products falling within CN codes 2009 61, 2009 69 and 2204 30 listed in Annex I, Part Three, Section I, Annex 2 to the Common Customs Tariff and subject to entry price arrangements, the actual customs value shall be verified by checking every consignment.

2.  The entry price in Annex 2 of the Regulation (EEC) No 2658/87 ( 22 ) for the products indicated in paragraph 1 shall be determined on the basis of the customs value.

CHAPTER II

Certificates and analysis reports for wine, grape juice and must on import

Section 1

General

Article 40

Documents required

The certificate and the analysis report referred to in Article 82(3)(a) and (b), respectively, of Regulation (EC) No 479/2008 shall form a single document:

Article 41

Contents of the analysis report

The analysis report shall include the following information:

Article 42

Exemptions

1.  No certificate or analysis report need be presented for products originating in and exported from third countries in labelled containers of not more than five litres 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.

2.  Where products do not fulfil the conditions set out in paragraph 1, no certificate and analysis report needs to be presented for:

Section 2

Requirements to be met and detailed rules for drawing up and using the certificate and analysis report for imports of wine, grape juice and grape must

Article 43

V I 1 document

1.  The certificate and analysis report for each consignment intended for import into the Community shall be drawn up on a single V I 1 document.

The document referred to in the first subparagraph shall be drawn up on a V I 1 form corresponding to the specimen shown in Annex IX. It shall be signed by an officer of an official body and by an official of a recognised laboratory as referred to in Article 48.

2.  Where the product concerned is not intended for direct human consumption, the analysis report section of the V I 1 form need not be completed.

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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 appearing in Annex XII, part A, which has offered special guarantees accepted by the Community, the analysis report section of the V I 1 form need be completed only in respect of:

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Article 44

Description of documents

1.  V I 1 forms shall comprise a typed or handwritten original and a simultaneously produced copy, in that order.

2.  The V I 2 form shall be an extract made out in accordance with the specimen shown in Annex X, containing the data appearing on a V I 1 document or another V I 2 extract and stamped by a Community customs office. V I 2 forms shall comprise an original and two copies, in that order.

3.  V I 1 documents and V I 2 extracts shall comply with the technical rules set out in Annex XI.

4.  Both the original and the copy shall accompany the product. V I 1 and V I 2 forms must be completed either in typescript or by hand, or by equivalent technical means recognised by an official body. Handwritten forms shall be completed in ink and in capital letters. No erasures or overwriting shall be permitted. Any alterations shall be made by crossing out the incorrect particulars and, where appropriate, adding those required. Any change made in this way must be approved by its author and stamped, as the case may be, by the official agency, the laboratory or the customs authorities.

5.  V I 1 documents and V I 2 extracts shall bear a serial number allocated, in the case of V I 1 documents, by the official agency whose officer signs the certificate and, in the case of V I 2 extracts, by the customs office which stamps them in accordance with Article 47(2) and (3).

6.  Without prejudice to paragraphs 2, 3, 4 and 5, V I 1 and V I 2 may be issued and used using computerised systems in accordance with detailed rules laid down by the competent authorities of the Member States. The content of an electronic V I 1 and V I 2 must be identical to that one on paper.

Article 45

Simplified procedure

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1.  V I 1 documents made out by wine producers in the third countries listed in Annex XII, Part B, which have offered special guarantees accepted by the Community shall be considered as certificates or analysis reports drawn up by agencies and laboratories included in the list provided for in Article 48 provided that the producers have received individual approval from the competent authorities of those third countries and are subject to inspection by the latter.

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2.  Approved producers as referred to in paragraph 1 shall use V I 1 forms giving in box 9 the name and address of the official agency of the third country which approved them. Producers shall complete the form, entering in addition:

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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 the laboratory shall be required.

Article 46

Derogations

Application of Articles 43(2) and 45 of this Regulation may be suspended if it is found that the products to which these measures apply have been the subject of falsification likely to result in a health risk to consumers or uses of oenological practices others than the ones referred to in Article 82(2) of Regulation (EC) No 479/2008.

Article 47

Use

1.  The original and the copy of V I 1 documents or V I 2 extracts 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.

The authorities shall, where necessary, endorse the back of the V I 1 document or the V I 2 extract. They shall return the original to the person concerned and keep the copy for at least five years.

2.  Where a consignment is to be reconsigned complete before entry into free circulation, the new consignor shall give the customs authorities supervising the consignment the V I 1 document or the V I 2 extract relating to that consignment as well as, if appropriate, a V I 2 form completed consecutively.

The authorities shall verify that the particulars entered on the V I 1 document agree with those entered on the V I 2 form or that the particulars entered on the V I 2 extract agree with those entered on the V I 2 form completed consecutively, and shall then stamp the latter, which shall then be equivalent to the V I 2 extract, and endorse the document or previous extract accordingly. They shall return the extract and the original of the V I 1 document or the previous V I 2 extract to the new consignor and keep the copy of the document or previous extract for at least five years.

However, a V I 2 form need not be completed where a consignment of a product is re-exported to a third country.

3.  Where a consignment is split before it enters into free circulation, the person concerned shall give the original and the copy of the V I 1 document or the V I 2 extract relating to the consignment to be split to the customs authorities supervising that consignment, together with a V I 2 form and two copies completed consecutively for each new consignment.

The authorities shall verify that the particulars entered on the V I 1 document or on the V I 2 extract correspond to those on the V I 2 form completed consecutively for each new consignment, and shall then stamp the latter, which shall then be equivalent to the V I 2 extract, and endorse accordingly the back of the V I 1 document or the V I 2 extract on which it was based. They shall return the V I 2 extract together with the V I 1 document or the V I 2 extract previously completed to the person concerned and keep a copy of each of these documents for at least five years.

Article 48

List of competent bodies

1.  The Commission shall draw up and update lists containing the names and addresses of the agencies and laboratories, and of the wine producers authorised to draw up V I 1 document, on the basis of notifications from the competent authorities of third countries. The Commission shall make the names and addresses of these agencies and laboratories public on the internet.

2.  The notifications from the competent authorities of third countries referred to in paragraph 1 shall contain:

The lists referred to in paragraph 1 shall contain only agencies and laboratories as referred to in point (a) of the first subparagraph of this paragraph which have been authorised by the competent authorities of the third country concerned to provide the Commission and the Member States, on request, with any information required to evaluate the data appearing on the document.

3.  The lists shall be updated, in particular to take account of changes of address and/or name of agencies or laboratories.

Article 49

Indirect imports

In cases where a wine is exported from a third country in whose territory it was produced (hereinafter referred to as ‘the country of origin’) to another third country (hereinafter referred to as ‘the exporting country’), from which it is then exported to the Community, the competent authorities of the exporting country may draw up the V I 1 document for the wine concerned on the basis of a V I 1 document or equivalent drawn up by the competent authorities of the country of origin, without having to perform further analyses on the wine, if that wine:

The competent authority of the exporting country shall certify on the V I 1 document 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 V I 1 document or equivalent of the country of origin shall be attached to the V I 1 document of the exporting country.

The only countries of origin for the purposes of this Article shall be those appearing on the list, published in accordance with Article 48(1), of agencies and laboratories that are appointed by third countries to complete the documents that must accompany each consignment of imported wine.

Article 50

Special rules for particular wines

1.  In the case of liqueur wines and wines fortified for distillation, the V I 1 documents shall be recognised as valid only where the official agency as referred to in Article 48 has entered the following in box 14:

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

The entry shall be accompanied by the following information:

2.  The V I 1 document may be used as certifying that an imported wine bears a geographical indication in conformity with either the agreement on Trade-Related Intellectual Property Rights (TRIPS) of the World Trade Organisation (WTO), or the Community legislation on geographical indications or an agreement on recognition and protection of geographical indications between the European Community and the third country from which the wine originates.

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’.

The entry shall be accompanied by the information provided for in the second subparagraph of paragraph 1.

Article 51

Conformity of imported wines

Where the competent authorities of a Member State suspect that a product originating in a third country does not comply with Article 82(1) and (2) of Regulation (EC) No 479/2008, they shall inform the Commission thereof without delay.

CHAPTER III

Specific provisions on exports

Article 52

Notification of official bodies

1.  Member States shall send the Commission the lists of official or officially recognised bodies that they propose should issue attestations proving that the wine in question meets the conditions for access to the concessions provided for in the agreements with third countries.

2.  The Commission shall act on behalf of the Community in drawing up and exchanging, jointly with the third country concerned, the list of official bodies authorised to draw up the attestations referred to in paragraph 1 and the equivalent certificate issued by the third country concerned.

3.  The Commission shall make the list provided for in paragraph 2 public and update it periodically.

CHAPTER IV

Transitional provisions

Article 53

V I 1 and V I 2 conformity

V I 1 and V I 2 documents which were in conformity with the provisions applicable when they were put into circulation but which no longer conform to those provisions from the date of application of this Regulation may continue to be used until 31 December 2008.

Article 54

Release of security

At the request of the interested parties, the securities lodged for the issuing of import and export licenses, shall be released from 1 August 2008, if the validity of the licenses has not expired before that date.

TITLE IV

PRODUCTION POTENTIAL

CHAPTER I

Unlawful plantings

Article 55

Penalties in case of non-compliance with the grubbing-up obligation

1.  The penalties referred to in Article 85(3) and Article 86(4) second subparagraph of Regulation (EC) No 479/2008 shall be determined so as to provide an appropriate sanction for those who violated the provisions concerned.

Without prejudice, where applicable, to earlier penalties imposed by Member States, Member States shall determine the penalties referred to in Article 85(3) and Article 86(4) second subparagraph of Regulation (EC) No 479/2008 on the basis of the following principles:

2.  Member States shall impose the penalty referred to in Article 85(3) of Regulation (EC) No 479/2008:

The penalty shall be levied again every 12 months, counted from those dates and in accordance with the criteria established in paragraph 1 of this Article, until compliance with the grubbing-up obligation.

3.  Member States shall impose the penalty referred to in Article 86(4) second subparagraph of Regulation (EC) No 479/2008 for the first time on 1 July 2010 for non-compliance with the grubbing-up obligation and thereafter every 12 months until compliance in accordance with the criteria established in paragraph 1 of this Article

4.  Penalties collected within the meaning of this Article shall be retained by the Member State concerned.

Article 56

Penalties in case of non-compliance with prohibition of circulation

1.  The penalties referred to in Article 87(2) of Regulation (EC) No 479/2008 shall be determined so as to mean an appropriate sanction for those who violated the provisions concerned.

2.  The penalties referred to in paragraph 1 shall be imposed if a producer concerned, having more than 0.1 hectares of vineyard area, and according to the appropriate case:

3.  Member States shall impose the penalties referred to in paragraph 1:

4.  Penalties collected within the meaning of this Article shall be retained by the Member State concerned.

Article 57

Non-circulation or distillation

1.  In case of Article 87(1) of Regulation (EC) No 479/2008, the grapes or products made from grapes may only have one the following destinations:

In case of the distillation foreseen in point (a) of the first subparagraph:

In case of the green harvesting as foreseen in point (b) of the first subparagraph, producers shall inform the competent authority in advance about their intention before a date fixed by the Member States in accordance with Article 12(1)(b). Member States shall control green harvesting according to Article 12(1)(d) of this Regulation.

2.  Without prejudice to paragraph 1, in order to facilitate control, Member States may foresee an obligation to the producers to notify the competent authority of the Member State before the date fixed by the Member States in accordance with Article 12(1)(b) which of the possibilities mentioned in points (a) to (c) of the first subparagraph of paragraph 1 of this Article they are going to choose.

Member States may also limit the choice of producers to only one or two of the possibilities mentioned in points (a) to (c) of the first subparagraph of paragraph 1.

3.  In case the given producer has vineyards the products from which may be marketed, the competent authorities shall be responsible for ensuring that the products from the unlawful planting are not added to the products of these other vineyards that are marketed.

Article 58

Communications

1.  Member States shall communicate to the Commission by 1 March each year the areas for which penalty was paid and the amount of penalty that was actually imposed in the form set out in table 1 of Annex XIII. They shall also communicate the Commission their legislation related to these penalties.

2.  Save as otherwise indicated in the appropriate tables of Annex XIII to this Regulation, the communications referred to in Article 85(4), Article 86(5) and Article 87(3) of Regulation (EC) No 479/2008 shall refer to the previous wine year.

When the communications according to Article 85(4) and Article 86(5) of Regulation (EC) No 479/2008 are made for the first time, by 1 March 2009 at the latest, the information contained in the appropriate tables shall refer to the following:

For the purpose of the communication referred to in point (a) of the second subparagraph, Table 2 of Annex XIII to this Regulation shall be used.

For the purpose of the communication referred to in point (b) of the second subparagraph, Table 4 of Annex XIII to this Regulation shall be used.

The Commission retains the right to request information about the unlawful plantings concerned on the basis of formerly valid but not respected communication obligations based on Article 2(7) of Regulation (EC) No 1227/2000.

The later, yearly communications shall be made in the form set out in Tables 3, 5, 6 and 7 of Annex XIII to this Regulation.

3.  Member States may decide whether or not to include details related to regions in the communications mentioned in paragraphs 1 and 2.

Article 59

Reductions imposed on Member States

In case Member States fail to communicate any of the tables by the relevant deadlines, except for Table 2, referred to in Article 58, in the form laid down in Annex XIII to this Regulation, containing the information specified in Articles 85(4), 86(5) and 87(3) of Regulation (EC) No 479/2008 and filled in appropriately, their allocation for the support measures referred to in Article 7 of Regulation (EC) No 479/2008 may be reduced as foreseen in Article 89(a) of Regulation (EC) No 479/2008. The Commission may decide that, according to the scope of the failure, for every month of delay, an amount of up to a total of 1 % of the allocation for the support measures of the given Member State shall be forfeited starting from the beginning of the wine year following the one in which the communication was due.

CHAPTER II

Transitional planting right regime

Article 60

New planting rights

1.  Where Member States grant new planting rights in respect of areas intended for new planting carried out under measures for land consolidation or measures concerning compulsory purchases in the public interest adopted under national legislation, they shall ensure that these rights are not granted for an area greater in terms of pure crop than 105 % of the area under vines which was the subject of the measures for land consolidation or measures concerning compulsory purchases in the public interest.

2.  Where Member States grant new planting rights in respect of areas intended for experiments, products made from grapes coming from such areas may not be marketed throughout the experimental period.

3.  Where Member States grant new planting rights in respect of areas intended for graft nurseries, grapes of such vines shall either not be harvested or, if harvested, shall be destroyed throughout the period of production of the graft nurseries.

4.  New planting rights granted under paragraphs 2 and 3 shall only apply during the experimental period or the period of production of the graft nurseries, respectively.

After the period referred to in the first subparagraph, either:

5.  New planting rights, and any conditions on the use of such rights or areas planted pursuant to them granted prior to 1 August 2000 in respect of areas intended for experiments or graft nurseries shall continue to apply during the experimental period or the period of production of the graft nurseries, respectively. The rules in the second subparagraph of paragraph 4 shall apply to such areas after the end of the experimental period or the period of the production of the graft nurseries, respectively.

6.  In the case of Article 91(1)(d) of Regulation (EC) No 479/2008, in order to avoid an excessive administrative burden being imposed, a Member State may, instead of granting new planting rights, provide that areas whose wine or vine products are intended solely for consumption by the vine grower’s family shall not be subject to the grubbing-up requirement in Article 85(1) of that Regulation. Member States may do so only on condition that:

7.  The marketing of the wine or vine products coming from the areas referred to in paragraph 6 shall be prohibited. Member States shall apply an appropriate system to monitor this prohibition. Should a breach of this prohibition be discovered, then in addition to any penalties imposed by the Member State, point (b) of the second subparagraph of paragraph 4 shall apply. Member States shall record all cases dealt with under this paragraph.

Article 61

Member States’ recording and communication obligations related to new planting rights

Member States shall record each case where new planting rights are granted according to Article 60.

Member States shall communicate the following information to the Commission in respect of each wine year:

This communication shall be made in the form set out in Table 8 of Annex XIII. Member States may decide whether or not to include details related to regions in it. It shall be transmitted to the Commission at the latest by 1 March each year in respect of the previous wine year.

Article 62

Grubbing up without generation of replanting right

Where an area is grubbed up pursuant to Article 24(4), Article 85(1) or Article 86(4) of Regulation (EC) No 479/2008 or point (b) of the second subparagraph of Article 60(4) of this Regulation, no replanting rights shall be granted. Furthermore, no replanting rights shall be granted in the event of grubbing up of:

Article 63

Anticipated replanting rights

1.  According to Article 92(2) of Regulation (EC) No 479/2008, Member States may grant replanting rights to producers who undertake to grub up an area of vines before the end of the third wine year after the area was planted. This can be done only where that producer can show that he has no, or insufficient, planting rights in his possession which could be used to permit the entire area concerned to be planted with vines. A Member State shall grant no more rights to a producer than are necessary to permit the entire area concerned to be planted with vines, taking into account any rights already in his possession. The producer shall specify the particular area to be grubbed up.

2.  When giving the undertaking referred to in paragraph 1, a producer shall lodge a security. The obligation to grub up the area concerned shall constitute the ‘primary requirements’ within the meaning of Article 20(2) of Regulation (EEC) No 2220/85. The amount of the security shall be set by the Member State concerned on the basis of objective criteria. The security shall be set at a level which is proportionate and sufficient to dissuade producers from failing to carry out their undertaking.

3.  Until the undertaking to grub up has been carried out, Member States shall ensure that, in any given wine year, there is not simultaneously a commercial production of wine from both the area to be grubbed up and the newly planted area, by ensuring that, the products made from grapes coming from either of the areas may be put into circulation only for the purposes of distillation, at the expense of the producer. These products may not be used in the preparation of alcohol having an actual alcoholic strength of 80 % vol. or less.

4.  If the undertaking to grub up is not carried out by the deadline set, then the particular area which has not been grubbed up shall be treated as having been planted in breach of the restriction on planting in Article 90(1) of Regulation (EC) No 479/2008.

5.  Member States shall monitor the planting and grubbing-up of the areas concerned.

6.  Member States shall keep a record of all case dealt with under paragraphs 1 to 5.

Article 64

Transfers of replanting rights

1.  In applying the second subparagraph of Article 92(5) of Regulation (EC) No 479/2008, Member States may apply an equivalent reduction coefficient to transfers of replanting rights between holdings.

2.  Member States shall keep a record of all transfers of replanting rights between holdings.

Article 65

Reserves of planting rights

1.  Member States shall ensure that the transfer of rights via a national reserve and/or regional reserves does not lead to an overall increase in production potential on their territory. If needed, Member States may apply a reduction coefficient.

2.  A Member State shall notify the Commission of the creation of national and/or regional reserves of planting rights or, as the case may be, of its choice not to implement any longer the reserve system.

3.  Where a Member State chooses not to implement the reserve system, it shall communicate to the Commission proof that an effective system for managing planting rights exists throughout its territory.

4.  Member States shall keep a record of all cases where planting rights are granted from reserves, of all cases where planting rights are transferred between reserves and all cases where planting rights are allocated to reserves. Any payments made in return for allocating rights to a reserve or for granting rights from a reserve shall also be recorded.

5.  Member States shall, in the form laid down in Table 9 of Annex XIII, communicate to the Commission in respect of each wine year:

Article 66

Maintenance of the planting rights system

Member States that want to maintain the prohibition of plantings in their territory or parts of their territory as referred to in Article 90(1) of Regulation (EC) No 479/2008 beyond 31 December 2015 according to the possibility provided for in Article 90(6) of that Regulation, shall communicate their appropriate intention to the Commission by 1 March 2015.

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CHAPTER IV

Inventory and measurement of the area planted

Article 74

Inventory

The data communicated in the inventory according to Article 109 of Regulation (EC) No 479/2008 shall refer to 31 July of the previous wine year.

It shall contain the information specified in the Tables 14 to 16 of Annex XIII to this Regulation. Member States may decide whether or not to include details related to regions in these tables.

Article 75

Area planted

1.  For the purpose of the restructuring and conversion of vineyards, the green harvesting and the grubbing-up measures referred to in Articles 11, 12 and 98 of Regulation (EC) No 479/2008, an area planted with vines is defined by the external perimeter of the vine stocks with the addition of a buffer whose width corresponds to half of the distance between the rows. The area planted shall be determined in accordance with the first subparagraph of Article 30(1) of Commission Regulation (EC) No 796/2004 ( 24 ).

2.  In case the historical yield referred to in Article 101(2) of Regulation (EC) No 479/2008 is determined on the basis of an area that does not correspond to the definition given in paragraph 1 of this Article, Member States may proceed with the recalculation of the yield by dividing the production of the given holding or parcel or wine category by the area planted with vines, producing the given volume of wine, as defined in paragraph 1.

TITLE V

CONTROLS IN THE WINE SECTOR

CHAPTER I

Principles of control

Article 76

Checks

Without prejudice to specific provisions of this Regulation or other Community legislation, Member States shall introduce checks and measures in so far as they are necessary to ensure the proper application of Regulation (EC) No 479/2008 and this Regulation. They shall be effective, proportionate and dissuasive so that they provide adequate protection for the Communities’ financial interests.

In particular, Member States shall ensure that:

Article 77

General principles

1.  Verification shall be by administrative and where appropriate on-the-spot checks.

2.  Administrative checks shall be systematic and shall include cross-checks with, inter alia, data from the integrated administration and control system provided for in Chapter 4 of Title II of Council Regulation (EC) No 1782/2003.

3.  Except for the cases where systematic on the spot checks are foreseen by Regulation (EC) No 479/2008 or by this Regulation, the competent authorities shall perform on-the-spot checks by sampling an appropriate percentage of beneficiaries/producers on the basis of a risk analysis in accordance with Article 79 of this Regulation.

4.  Concerning the measures foreseen by Articles 16, 17, 18 and 19 of Regulation (EC) No 479/2008 the sample size shall be at least 5 % of aid applications. The sample must also represent at least 5 % of the amounts covered by the aid.

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5.  Concerning measures foreseen by Article 103u of Regulation (EC) No 1234/2007, Article 24(1) to (3) and (6), and Article 26(1) and (2) of Commission Regulation (EU) No 65/2011 ( 25 ) shall apply mutatis mutandis.

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6.  Article 26(3) and (4) of Regulation (EC) No 796/2004 shall apply to on-the-spot checks provided for in this Article.

7.  In all appropriate cases, Member States shall make use of the integrated administration and control system (IACS).

Article 78

On-the-spot checks

1.  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 are foreseen.

2.  Where applicable, the on-the-spot checks provided for in this Regulation shall be carried out in conjunction with any other checks provided for by Community legislation.

3.  The aid application or applications concerned shall be rejected if beneficiaries or their representatives prevent an on-the-spot check from being carried out.

Article 79

Selection of the control sample

1.  Control samples for on-the-spot checks under this Regulation shall be selected by the competent authority on the basis of a risk analysis and — where controls specifically concern community financing — of representativeness of the aid applications submitted. The effectiveness of risk analysis shall be assessed and updated on an annual basis:

To provide the element of representativeness, the Member States shall select randomly between 20 and 25 % of the minimum number of beneficiaries/producers to be subjected to on-the-spot checks.

2.  The competent authority shall keep records of the reasons why specific beneficiaries/producers were selected for on-the-spot checks. The inspector performing the on-the-spot check shall be informed of those reasons before beginning the check.

Article 80

Control report

1.  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.

As far as controls concern community financing the report shall indicate in particular:

2.  Where discrepancies are found between the information in the application and the actual situation found during the check carried out on the spot or by remote sensing, the grower shall receive a copy of the control report and shall have the opportunity to sign it before the competent authority draws its conclusions from the findings with regard to any resulting reductions or exclusions.

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Article 81

Control related to the production potential and to the operations of restructuring and conversion of vineyards

1.  In order to verify the compliance with the provisions on production potential laid down in Section IVa of Chapter III of Title I of Part II of Regulation (EC) No 1234/2007, including the transitional prohibition on new planting laid down in Article 85g(1) of that Regulation, as well as with the provisions foreseen in Article 103q of that Regulation relating to operations of restructuring and conversion of vineyards, Member States shall make use of the vineyard register.

2.  When granting replanting rights as foreseen in Article 85i of Regulation (EC) No 1234/2007, areas shall be systematically verified before and after the execution of the grubbing up. The plots to be checked shall be those for which a replanting right is to be granted.

The control before the grubbing-up shall also cover the verification of the existence of the vineyard concerned.

This control shall be carried out by an on-the-spot check. However, if the Member State has available a reliable updated computerised vineyard register, the control may be carried out administratively and the obligation of an on-the-spot check before grubbing-up may be limited to 5 % of the applications, on an annual basis, in order to confirm the reliability of the administrative control system. Should such an on-the-spot check reveal significant irregularities or discrepancies in a region or part of a region, the competent authority shall appropriately increase the number of on-the-spot checks during the year concerned and the following year.

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4.  The control that the grubbing-up, including as an operation of restructuring and conversion of vineyard, has actually taken place, shall be carried out by an on-the-spot check. In the case of grubbing-up of the entire vineyard parcel or if the resolution of the remote sensing is equal to or higher than 1 m2, the control may be carried out by remote sensing.

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6.  Areas receiving aid for operations of restructuring and conversion of vineyards shall be systematically verified before and after the execution of the operations. The plots to be checked shall be those for which an application for aid has been submitted.

The control before the operations shall also cover the verification of the existence of the vineyard concerned, the area planted determined in accordance with Article 75 and the exclusion of the case of normal renewal of vineyards as defined in Article 6.

The control referred to in the second subparagraph shall be carried out by an on-the-spot check. However, if the Member State has available a graphical tool or an equivalent instrument that allows measurement of the area planted in accordance with Article 75 in the computerised vineyard register, and reliable updated information about the planted grape wine varieties, the control may be carried out administratively and, consequently, the obligation to carry out an on-the-spot check before the execution of the operations may be limited to 5 % of the applications in order to confirm the reliability of the administrative control system. Should such an on-the-spot check reveal significant irregularities or discrepancies in a region or part of a region, the competent authority shall increase the number of on-the-spot checks appropriately during the year concerned.

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Article 82

Control bodies

1.  Where a Member State designates several competent bodies to check compliance with the rules governing the wine sector, it shall coordinate the work of those bodies.

2.  Each Member State shall designate a single liaison body responsible for contacts with the liaison bodies of other Member States and with the Commission. In particular, the liaison body shall receive and forward requests for cooperation with a view to implementing this Title, and shall represent its Member State vis-à-vis other Member States or the Commission.

Article 83

Powers of control officials

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

CHAPTER II

Assistance between control bodies

Article 84

Assistance on request

1.  Where a competent body of a Member State undertakes control activities on its territory, it may appeal for information from a competent body of any other Member State liable to be affected directly or indirectly. Where such a request is made the assistance shall be provided in a timely manner.

The Commission shall be notified whenever the product which is the subject of the controls 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 body appealed to shall provide all such information as may enable the applicant body to carry out its duties.

2.  Where reasoned application is made by the applicant body, the body appealed to shall perform special supervision or checks with a view to achieving the aims pursued, or shall take the necessary steps to ensure that such supervision or checks are performed.

3.  The body appealed to shall act as though on its own behalf.

4.  In agreement with the body appealed to, the applicant body may designate officials:

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

5.  The officials of the body appealed to shall remain in charge of the control operations at all times.

6.  The officials of the applicant body shall:

7.  The requests referred to in this Article shall be forwarded to the body appealed to in the Member State in question via the liaison body of that Member State. The same procedure shall apply to:

Notwithstanding the first subparagraph and in the interests of quicker and more effective cooperation between them, Member States may permit a competent body to:

Article 85

Unsolicited assistance

A competent body of a Member State shall, via the liaison body under which it comes, notify the liaison body of the Member State concerned without delay, where it has grounds for suspicion or becomes aware that:

Article 86

Common provisions

1.  The information referred to in Article 84(1) and Article 85 shall be accompanied and supplemented as soon as possible by relevant documents and other evidence and a reference to any administrative measures or legal proceedings, and shall specifically cover:

2.  The liaison bodies involved in a case for which the assistance procedure is initiated shall inform each other without delay of:

3.  Travel costs incurred when implementing Article 84(2) and (4) shall be borne by:

CHAPTER III

Analytical databank

Article 87

Purpose of the databank

1.  An analytical databank for wine products shall be managed by the Joint Research Centre (JRC).

2.  The databank shall contain data obtained from isotopic analysis of the components of ethanol and water in wine products according to the reference methods of analysis referred to in Article 31 of Regulation (EC) No 479/2008.

3.  The databank is to help harmonise the interpretation of the results obtained by the official laboratories of the Member States in applying the reference methods of analysis referred to in Article 31 of Regulation (EC) No 479/2008.

Article 88

Samples

1.  For the establishment of the analytical databank, Member States shall ensure the taking of samples of fresh grapes for analysis as well as their treatment and processing into wine in accordance with the instructions in Annex XVI.

2.  The samples of fresh grapes shall be taken from vineyards situated in a wine-growing area of clearly defined soil type, situation, vine training system, variety, age and cultural practices.

3.  The number of samples to be taken each year for the databank is set out in Annex XVII. The selection of samples must take account of the geographical situation of vineyards in the Member States listed in Annex XVII. Each year at least 25 % of the samples shall be taken from the same plots as in the previous year.

4.  The samples shall be analysed by the methods referred to in Article 31 of Regulation (EC) No 479/2008 by laboratories designated by the Member States. The designated laboratories must meet the general criteria for the operation of testing laboratories set out in ISO/IEC 17025, and in particular must take part in a system of proficiency tests covering methods of isotopic analysis. The evidence of compliance with these criteria will be provided in writing to the JRC for the purpose of quality control and validation of the data provided.

5.  An analysis report shall be drawn up in accordance with Annex XIX. A description sheet shall be drawn up for each sample in accordance with the questionnaire in Annex XVIII.

6.  A copy of the report with the results and interpretation of the analyses along with a copy of the description sheet shall be sent to the JRC.

7.  Member States and the JRC shall ensure that:

Article 89

Isotopic analyses

For a period ending on 31 July 2010, pending the setting up of the adequate analytical equipment, wine-producing Member States that acceded to the Community in 2004 or 2007 not equipped to carry out isotopic analysis shall send their wine samples to the JRC for analysis.

In this case, they may designate a competent body authorised to have access to the information on samples taken on their territory.

Article 90

Communication of results

1.  The information contained in the databank shall be made available on request to the laboratories designated by the Member States for that purpose.

2.  The JRC shall draw up and update on a yearly basis the list of the Member States laboratories designated for the preparation of samples and the measurements for the analytical databank.

3.  In duly substantiated cases, the information referred to in paragraph 1, when representative, may be made available on request to other official bodies in the Member States.

4.  Communication of information shall relate only to the relevant analytical data required to interpret an analysis carried out on a sample of comparable characteristics and origin. Any communication of information shall be accompanied by a reminder of the minimum requirements for the use of the databank.

Article 91

Compliance with procedures

Member States shall ensure that the results of isotopic analyses contained in their own databanks are obtained by analyzing samples taken and treated in accordance with this Chapter.

CHAPTER IV

Collection of samples for control purposes

Article 92

Request for collection of samples

1.  In the context of the application of Chapter II, the officials of a competent body of a Member State may request a competent body of another Member State to collect samples in accordance with the relevant provisions of that Member State.

2.  The applicant body shall hold the samples collected and shall determine inter alia the laboratory where they are to be analysed.

3.  Samples shall be taken and treated in accordance with the instructions in Annex XX.

Article 93

Costs of collection, dispatch and analysis of samples

1.  The costs incurred in taking, treating and dispatching a sample and in carrying out analytical and organoleptic tests shall be borne by the competent body of the Member State which asked for the sample to be taken. Such costs shall be calculated according to the rates applicable in the Member State in the territory of which the operations are carried out.

2.  The costs incurred in sending the samples referred to in Article 89 shall be borne by the Community.

CHAPTER V

General provisions

Article 94

Conclusive force

The findings of the officials of a competent body of a Member State in the course of application of this Chapter may be invoked by the competent bodies of the other Member States. In such cases, they shall have no less value because of the fact that they do not come from the Member State in question.

Article 95

Persons subject to controls

1.  Natural or legal persons and groups of such persons whose professional activities may be the subject of the controls referred to in this Regulation shall not obstruct such controls and shall be required to facilitate them at all times.

2.  Cultivators of vines from which grapes are taken by officials of a competent body:

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Article 95a

Coordination of controls and access to information

With respect to controls relating to consignments carried out under cover of the accompanying documents indicated in Article 24(1)(a)(i) of Commission Regulation (EC) No 436/2009 ( 26 ), Member States, shall, not later than 1 March 2014, adopt the measures required to give the competent bodies designated under Article 82(1) of this Regulation access to the information held in the computerised system referred to in Article 21 of Council Directive 2008/118/EC ( 27 ) and on the movements of wine products circulating under the arrangements laid down in Chapter IV of that Directive.

With respect to controls on consignments carried out under cover of the accompanying documents indicated in Article 24(1)(a)(ii) and (iii) of Regulation (EC) No 436/2009, Member States, shall, not later than 1 March 2014, adopt the measures required to give the competent bodies designated under Article 82(1) of this Regulation access to the information held in the information systems set up to control the movements of wine products other than those referred to in the first paragraph of this Article.

The information held pursuant to the first and second subparagraphs may only be used, for the purposes of this Regulation, in relation to the specific controls laid down in the rules on the wine sector.

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TITLE VI

GENERAL, TRANSITIONAL AND FINAL PROVISIONS

Article 96

Payments to beneficiaries

Payments under Title II, with the exception of Article 9, and under Title V of Regulation (EC) No 479/2008 shall be made in full to the beneficiaries.

By way of derogation from the first paragraph, Member States may decide to pay the support referred to in Article 14(1) of Regulation (EC) No 479/2008 through insurance companies as intermediaries provided that:

The use of such intermediaries for payments shall be such as not to distort competitive conditions on the insurance market.

Payments shall be subject to prior checks as provided by the present Regulation, except for advance payments guaranteed by a security.

Article 97

Recovery of undue payments

Undue payments shall be recovered, with interest, from the beneficiaries concerned. The rules fixed in Article 73 of Regulation (EC) No 796/2004 shall apply mutatis mutandis.

Implementation of administrative sanctions and recovery of unduly paid amounts are without prejudice to communication of irregularities to the Commission pursuant to Commission Regulation (EC) No 1848/2006 ( 28 ).

Article 98

National sanctions

Without prejudice to any sanctions set out in Regulation (EC) No 479/2008 or in this Regulation, Member States shall provide for the application of sanctions at national level in relation to irregularities committed in respect of requirements set out in Regulation (EC) No 479/2008 and in this Regulation which are effective, proportionate and dissuasive so that they provide adequate protection for the Communities’ financial interests.

Article 99

Artificially created situations

Without prejudice to any specific measures set out in Regulation (EC) No 479/2008 or in this Regulation, no payment shall be made in favour of beneficiaries for whom it is established that they artificially created the conditions required for obtaining such payments with a view to obtaining an advantage contrary to the objectives of the measure concerned.

Article 100

Communications

1.  Without prejudice to any specific provisions of this Regulation, the communications to be made under this Regulation shall be in the format set out in its Annexes, in the form of files created in a spreadsheet application program. They shall be transmitted to the Commission also in electronic form. Where a Member State compiles data on a regional basis, it shall send the Commission also a table summarising the data of the regions.

Communications not made by the specified means and in the specified format may be considered as not made at all, without prejudice to paragraph 4.

2.  Where concerning a given table a Member State would have to communicate only zero values, it may choose not to fill in the table but simply communicate to the Commission that the given table is not relevant to it. This simplified communication shall take place by the same deadline as the one fixed for the table concerned.

3.  Without prejudice to any specific provisions of this Regulation, Member States shall take all measures necessary to ensure that they are able to meet the deadlines for communications set out in this Regulation.

4.  If a Member State fails to make a communication as required under Regulation (EC) No 479/2008 or this Regulation or if the communication appears incorrect in the light of objective facts in the Commission's possession, the Commission may suspend part or all of the monthly payments referred to in Article 14 of Regulation (EC) No 1290/2005 as regards the wine sector until the communication is correctly made.

5.  Member States shall retain the information recorded under this Regulation for at least 10 wine years following the one during which it was recorded.

6.  The communications requested in this Regulation shall not prejudice the Member States’ obligations laid down in Council Regulation (EEC) 357/79 on statistical surveys of areas under vines ( 29 ).

Article 101

Obvious errors

Any communication, claim or request made to a Member State under Regulation (EC) No 479/2008 or this Regulation, including an aid application, may be adjusted at any time after its submission in cases of obvious errors recognised by the competent authority.

Article 102

Force majeure and exceptional circumstances

Where, under Regulation (EC) No 479/2008 or this Regulation, a sanction is to be imposed it shall not be imposed in cases of force majeure or exceptional circumstances within the meaning of Article 40(4) of Regulation (EC) No 1782/2003.

Article 103

Repeal and references

1.  Regulations (EC) No 1227/2000, (EC) No 1623/2000, (EC) No 2729/2000 and (EC) No 883/2001 are repealed.

However,

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2.  References to the repealed Regulations in accordance with paragraph 1 shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex XXII.

Article 104

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.

It shall apply from 1 August 2008.

However, Article 2 and Chapter III of Title IV shall apply as from 30 June 2008.

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

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ANNEX I

WINE CMO

Submission of support programme

A.   FINANCIAL YEARS 2009-2013

If modification requested by the Commission / modification requested by the Member State ( 30 )

A.    Description of the measures proposed as well as their quantified objectives

(a)    Single Payment Scheme support in accordance with Article 103o ( 31 )

Introduced in the support programme: yes/no:

(b)    Promotion in accordance with Article 103p

Introduced in the support programme: yes/no, if yes:

Description of the measures proposed:

Quantified objectives:

State aid:

(c)    Restructuring and conversion of vineyard in accordance with Article 103q

Introduced in the support programme: yes/no, if yes:

Description of the measures proposed ( 32 ):

Quantified objectives:

(d)    Green harvesting in accordance with Article 103r

Introduced in the support programme: yes/no, if yes:

Description of the measures proposed:

Quantified objectives:

(e)    Mutual funds in accordance with Article 103s

Introduced in the support programme: yes/no, if yes:

Description of the measures proposed:

Quantified objectives:

(f)    Harvest insurance in accordance with Article 103t

Introduced in the support programme: yes/no, if yes:

Description of the measures proposed:

Quantified objectives:

State aid:

(g)    Investments in enterprises in accordance with Article 103u

Introduced in the support programme: yes/no, if yes:

Description of the measures proposed:

Quantified objectives:

State aid:

(h)    By-product distillation in accordance with Article 103v

Introduced in the support programme: yes/no, if yes:

Description of the measures proposed (including level of the aid):

Quantified objectives:

(i)    Potable alcohol distillation in accordance with Article 103w

Introduced in the support programme: yes/no, if yes:

Length of transitional period (wine years):

Description of the measures proposed (including level of the aid):

Quantified objectives:

(j)    Crisis distillation in accordance with Article 103x

Introduced in the support programme: yes/no, if yes:

Length of transitional period (wine years):

Description of the measures proposed (including level of the aid):

Quantified objectives:

State aid:

(k)    Use of concentrated grape must in accordance with Article 103y

Introduced in the support programme: yes/no, if yes:

Length of transitional period (wine years):

Description of the measures proposed (including level of the aid):

Quantified objectives:

B.    Results of consultations held

C.    Appraisal showing the expected technical, economic, environmental and social impact ( 33 )

D.    Schedule for implementing the measures

E.    General financing table given in the format of Annex II (revision number to be specified)

F.	Criteria and quantitative indicators to be used for monitoring and evaluation Steps taken to ensure that the programmes are implemented appropriately and effectively

G.	Designation of competent authorities and bodies responsible for implementing the programme

B.   FINANCIAL YEARS 2014-2018

If modification requested by the Commission / modification requested by the Member State ( 34 )

A.    Description of the measures proposed as well as their quantified objectives

(a)    Single Payment Scheme support in accordance with Article 103o ( 35 )

Introduced in the support programme: yes/no:

(b)    Promotion in accordance with Article 103p

Introduced in the support programme: yes/no, if yes:

Description of the measures proposed:

Quantified objectives:

State aid:

(c)    Restructuring and conversion of vineyard in accordance with Article 103q

Introduced in the support programme: yes/no, if yes:

Description of the measures proposed:

Quantified objectives:

(d)    Green harvesting in accordance with Article 103r

Introduced in the support programme: yes/no, if yes:

Description of the measures proposed:

Quantified objectives:

(e)    Mutual funds in accordance with Article 103s

Introduced in the support programme: yes/no, if yes:

Description of the measures proposed:

Quantified objectives:

(f)    Harvest insurance in accordance with Article 103t

Introduced in the support programme: yes/no, if yes:

Description of the measures proposed:

Quantified objectives:

State aid:

(g)    Investments in enterprises in accordance with Article 103u

Introduced in the support programme: yes/no, if yes:

Description of the measures proposed:

Quantified objectives:

State aid:

(h)    By-product distillation in accordance with Article 103v

Introduced in the support programme: yes/no, if yes:

Description of the measures proposed (including level of the aid):

Quantified objectives:

B.    Results of consultations held

C.    Appraisal showing the expected technical, economic, environmental and social impact ( 36 )

D.    Schedule for implementing the measures

E.    General financing table given in the format of Annex II (revision number to be specified)

F.	Criteria and quantitative indicators to be used for monitoring and evaluation Steps taken to ensure that the programmes are implemented appropriately and effectively

G.	Designation of competent authorities and bodies responsible for implementing the programme

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ANNEX II

Submission of the financial table of the national support programmes according to Article 103l(e) of Regulation (EC) No 1234/2007

A.   FINANCIAL YEARS 2009-2013

For measures which are not introduced in the national support programme ‘0’ must be indicated

If relevant:

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B.   FINANCIAL YEARS 2014-2018 (36) 

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ANNEX III

Facultative submission of the financial table of the national support programmes according to Article 103l(e) of Regulation (EC) 1234/2007 — detailed at regional level

A.   FINANCIAL YEARS 2009-2013

For measures which are not introduced in the national support programme ‘0’ in the amounts cells of the table must be indicated.

If relevant:

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B.   FINANCIAL YEARS 2014-2018 (36) 

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ANNEX IV

Amendments to financial table of the national support programmes according to Article 103l(e) of Regulation (EC) 1234/2007

A.   FINANCIAL YEARS 2009-2013

Communication deadline:

If relevant:

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B.   FINANCIAL YEARS 2014-2018

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ANNEX V

Reporting on Support programme

A.   FINANCIAL YEARS 2009-2013

A.    Global assessment:

B.    Conditions and results of the implementation of measures proposed ( 37 )

(a)    Single Payment Scheme support in accordance with Article 103o ( 38 )

(b)    Promotion in accordance with Article 103p

Conditions of the implementation:

Results ( 39 )

State aid:

(c)    Restructuring and conversion of vineyard in accordance with Article 103q

Conditions of the implementation:

Results:

(d)    Green harvesting in accordance with Article 103r

Conditions of the implementation:

Results:

(e)    Mutual funds in accordance with Article 103s

Conditions of the implementation:

Results:

(f)    Harvest insurance in accordance with Article 103t

Conditions of the implementation:

Results:

State aid:

(g)    Investments in enterprises in accordance with Article 103u

Conditions of the implementation:

Results:

State aid:

(h)    By-product distillation in accordance with Article 103v

Conditions of the implementation (including level of the aid)

Results:

(i)    Potable alcohol distillation in accordance with Article 103w

Conditions of the implementation (including level of the aid)

Results:

(j)    Crisis distillation in accordance with Article 103x

Conditions of the implementation (including level of the aid):

Results:

State aid:

(k)    Use of concentrated grape must in accordance with Article 103y

Conditions of the implementation (including level of the aid):

Results:

C.    Conclusions (and, if needed, envisaged modifications)

B.   FINANCIAL YEARS 2014-2018

A.    Global assessment:

B.    Conditions and results of the implementation of measures proposed ( 40 )

(a)    Single Payment Scheme support in accordance with Article 103o ( 41 )

(b)    Promotion in accordance with Article 103p

Conditions of the implementation:

Results ( 42 )

State aid:

(c)    Restructuring and conversion of vineyard in accordance with Article 103q

Conditions of the implementation:

Results:

(d)    Green harvesting in accordance with Article 103r

Conditions of the implementation:

Results:

(e)    Mutual funds in accordance with Article 103s

Conditions of the implementation:

Results:

(f)    Harvest insurance in accordance with Article 103t

Conditions of the implementation:

Results:

State aid:

(g)    Investments in enterprises in accordance with Article 103u

Conditions of the implementation:

Results:

State aid:

(h)    By-product distillation in accordance with Article 103v

Conditions of the implementation (including level of the aid):

Results:

C.    Conclusions (and, if needed, envisaged modifications)

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ANNEX VI

Financial table of the execution of national support programmes according to Article 188a(5) of Regulation (EC) No 1234/2007

A.   FINANCIAL YEARS 2009-2013

If relevant:

B.   FINANCIAL YEARS 2014-2018

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ANNEX VII

Technical data concerning the national support programmes according to Article 103l(c) of Regulation (EC) No 1234/2007

A.   FINANCIAL YEARS 2009-2013

B.   FINANCIAL YEARS 2014-2018

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ANNEX VIII

Communication on promotion measure according to Articles 103p and 188a(5) of Regulation (EC) No 1234/2007

A.   FINANCIAL YEARS 2009-2013

B.   FINANCIAL YEARS 2014-2018

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ANNEX VIIIa

Annual report on the control on the spot carried out over Restructuring and conversion of vineyards according to Article 103q of Regulation (EC) No 1234/2007

A.   FINANCIAL YEARS 2009-2013

B.   FINANCIAL YEARS 2014-2018

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ANNEX VIIIb

Annual report on the control on the spot carried out over green harvesting according to Article 103r of Regulation (EC) No 1234/2007

A.   FINANCIAL YEARS 2009-2013

B.   FINANCIAL YEARS 2014-2018

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ANNEX VIIIc

Table 1

Information on aid schemes already authorised under Articles 87, 88 and 89 of the Treaty or information on exemption of a given measure from any notification obligation ( 43 )

To indicate respectively:

Table 2

General information sheet ( 47 )

1.    Identification of the aid

2.    National legal basis

Title of the national legal basis including the implementing provisions:

…

…

…

3.    Beneficiaries

4.    Form of the aid and means of funding

Form of the aid made available to the beneficiary (specify; where appropriate, separately for each measure) (e.g. direct grant, soft loan …):

…

…

Table 3

Supplementary information sheet on aid for the promotion on third country markets (Article 103p of Regulation (EC) No 1234/2007) ( 48 )

Hereby it is confirmed that:

	the advertising campaign is not granted towards specific enterprises;

	the advertising campaign does not risk endangering sales of or denigrate products from other Member States;



the advertising campaign is in line with the principles of Regulation (EC) No 3/2008, including the requirement that the advertising campaign is not granted towards brand names. (To demonstrate this statement, elements have to be provided about the compliance with the principles of Regulation (EC) No 3/2008).

Table 4

Supplementary information sheet on aid towards the payment of harvest insurance premia (Article 103t of Regulation (EC) No 1234/2007) ( 49 )

Table 5

Supplementary information sheet on aid for investments (Article 103u of Regulation (EC) No 1234/2007) ( 50 )

1.    Scope and beneficiaries of the aid

2.    Individual aid

The eligible investments can exceed EUR 25 million or the aid amount EUR 12 million:



yes



no

If yes, hereby is all the information allowing for an individual assessment of the aid:

…

3.    Aid intensity

4.    Eligibility criteria and expenses

5.    Other information

The communication is accompanied by documentation showing that that support is targeted on clearly defined objectives reflecting identified structural and territorial needs and structural disadvantages:



yes



no

If yes, that documentation has to be provided in an Annex to this supplementary information sheet.

▼B

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ANNEX IX

V I 1 document as provided for in Article 43(1)

►(1) C1  

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ANNEX X

V I 2 document as provided for in Article 44(1)

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ANNEX XI

Technical rules on V I 1 and V 1 2 forms provided for in Articles 43 and 44

A.   Printing of forms

B.   Completing the forms

The forms are to be completed in the language in which they are printed.

Each form is to bear a serial number allocated:

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ANNEX XII

List of third countries referred to in Article 43(2) and Article 45

PART A

:

List of third countries referred to in Article 43(2): — Australia

PART B

:

List of third countries referred to in Article 45: — Australia — United States of America

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ANNEX XIII

Communication deadline: 1 March.

Communication referred to in Article 58(1) of this Regulation.

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▼B

Communication deadline: 1 March.

Communication referred to in Article 85(4) and Article 87(3) of Regulation (EC) No 479/2008 and in Article 58(2) of this Regulation.

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Communication deadline: 1 March, as from 2011.

Communication referred to in Article 86(5) and in Article 87(3) of Regulation (EC) No 479/2008 and in Article 58(2) of this Regulation.

Communication deadline: 1 March, as from 2009.

Communication referred to in Article 61 of this Regulation.

Communication deadline: 1 March, as from 2009.

Communication referred to in Article 65(5) of this Regulation.

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▼B

Communication deadline: 1 March, as from 2009.

Communication according to Article 109 of Regulation (EC) No 479/2008 and Article 74 of this Regulation.

Communication deadline: 1 March, as from 2009.

Communication according to Article 109 of Regulation (EC) No 479/2008 and Article 74 of this Regulation.

Communication deadline: 1 March, as from 2009.

Communication according to Article 109 of Regulation (EC) No 479/2008 and Article 74 of this Regulation.

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ANNEX XVI

Instructions for taking samples of fresh grapes and processing them into wine for analysis by the isotopic methods referred to in Article 88(1)

I.   SAMPLING OF GRAPES

II.   VINIFICATION

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ANNEX XVII

Number of samples to be taken by Member States each year for the analytical databank as referred in Article 88(3)

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ANNEX XVIII

Questionnaire on the collection and vinification of samples of grapes intended for analysis by isotopic methods as referred in Article 88(5)

The analytical methods and the expression of results (units) to be used are those of Article 31 of Regulation (EC) No 479/2008 (or proved equivalent by the laboratories involved in the analysis).

PART I

1.   General information

2.   General description of the samples

3.   Description of the vineyard

4.   Crop and must characteristics

5.   Weather conditions preceding harvest

6.   Irrigated vineyards:

If the crop is irrigated, date of last watering:

(Stamp of the competent body responsible for taking the sample, and name, position and signature of official taking the sample)

PART II

1.   Microvinification

2.   Chronological table of vinification of the sample

Date:

Date on which Part II was completed:

(Stamp of the competent body which carried out vinification and signature of competent official of that body)

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ANNEX XIX

ANALYSIS REPORT

Wine and wine product samples analysed by an isotopic method referred to in Article 31 of Regulation (EC) No 479/2008, to be entered in the JRC isotope databank

I.   GENERAL INFORMATION

II.   METHODS AND RESULTS

1.   Wine (carried over from Annex XVIII)

2.   Distillation of wine for SNIF-NMR

3.   Analysis of distillate

4.   Result of deuterium isotope ratios of ethanol measured by NMR

5.   NMR parameters

Observed frequency:

6.   Result of isotopic ratio 18O/16O of wine

δ 18O [‰] = ‰ V. SMOW — SLAP

7.   Result of isotopic ratio 18O/16O of must (when applicable)

δ 18O [‰] = ‰ V. SMOW — SLAP

8.   Result of isotopic ratio 13C/12C of wine ethanol

δ 13C [‰] = ‰ V-PDB.

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ANNEX XX

Collection of samples in the context of assistance between control bodies as referred in Article 92

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ANNEX XXI

A.   Label describing the sample, in accordance with paragraph 3 of Annex XX

B.   Model of the red label referred to in paragraph 6 of Annex XX

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ANNEX XXII

Correlation tables referred to in Article 103(2)

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( 1 ) OJ L 148, 6.6.2008, p. 1.

( 2 ) OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Regulation (EC) No 1234/2007 (OJ L 299, 16.11.2007, p. 1).

( 3 ) OJ L 143, 16.6.2000, p. 1. Regulation as last amended by Regulation (EC) No 1216/2005 (OJ L 199, 29.7.2005, p. 32).

( 4 ) OJ L 194, 31.7.2000, p. 45. Regulation as last amended by Regulation (EC) No 1433/2007 (OJ L 320, 6.12.2007, p. 18).

( 5 ) OJ L 316, 15.12.2000, p. 16. Regulation as last amended by Regulation (EC) No 2030/2006 (OJ L 414, 30.12.2006, p. 40).

( 6 ) OJ L 128, 10.5.2001, p. 1. Regulation as last amended by Regulation (EC) No 1211/2007 (OJ L 274, 18.10.2007, p. 5).

( 7 ) OJ L 3, 5.1.2008, p. 1.

( 8 ) OJ L 277, 21.10.2005, p. 1. Regulation as last amended by Regulation (EC) No 146/2008 (OJ L 46, 21.2.2008, p. 1).

( 9 ) OJ L 209, 11.8.2005, p. 1. Regulation as last amended by Regulation (EC) No 1437/2007 (OJ L 322, 7.12.2007, p. 1).

( 10 ) OJ L 30, 31.1.2009, p. 16.

( 11 ) OJ L 124, 20.5.2003, p. 36.

( 12 ) OJ L 270, 21.10.2003, p. 1.

( 13 ) OJ L 205, 3.8.1985, p. 5. Regulation as last amended by Regulation (EC) No 1913/2006 (OJ L 365, 21.12.2006, p. 52).

( 14 ) OJ L 358, 16.12.2006, p. 3.

( 15 ) OJ L 124, 20.5.2003, p. 36.

( 16 ) OJ L 30, 31.1.2009, p. 16.

( 17 ) OJ L 299, 16.11.2007, p. 1.

( 18 ) OJ L 337, 21.12.2007, p. 35.

( 19 ) OJ L 379, 28.12.2006, p. 5.

( 20 ) OJ L 142, 14.5.1998, p. 1.

( 21 ) OJ L 302, 19.10.1992, p. 1.

( 22 ) OJ L 256, 7.9.1987, p. 1. Regulation as last amended by Regulation (EC) No 275/2008 (OJ L 85, 27.3.2008, p. 3).

( 23 ) OJ L 105, 23.4.1983, p. 1.

( 24 ) OJ L 141, 30.4.2004, p. 18.

( 25 ) OJ L 25, 28.1.2011, p. 8.

( 26 ) OJ L 128, 27.5.2009, p. 15.

( 27 ) OJ L 9, 14.1.2009, p. 12.

( 28 ) OJ L 355, 15.12.2006, p. 56.

( 29 ) OJ L 54, 5.3.1979, p. 124. Regulation as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

( 30 ) Strikethrough the wrong element.

( 31 ) All the articles indicated in this Annex refer to Regulation (EC) No 1234/2007.

( 32 ) Including the outcome of the ongoing operations under Article 10 of this Regulation.

( 33 ) Member States referred to in Article 103o(4) of Regulation (EC) No 1234/2007 shall not have an obligation to fill point C and F.

( 34 ) Strikethrough the wrong element.

( 35 ) All the articles indicated in this Annex refer to Regulation (EC) No 1234/2007.

( 36 ) Member States referred to in Article 103o(4) of Regulation (EC) No 1234/2007 shall not have an obligation to fill point C and F.

( 37 ) Only paragraphs concerning the measures which were introduced in the support programme must be filled in.

( 38 ) All the articles indicated in this Annex refer to Regulation (EC) No 1234/2007.

( 39 ) Appraisal of the technical, economic, environmental and social impact based on criteria and quantitative indicators defined for monitoring and evaluation in the programme submitted.

( 40 ) Only paragraphs concerning the measures which were introduced in the support programme must be filled in.

( 41 ) All the articles indicated in this Annex refer to Regulation (EC) No 1234/2007.

( 42 ) Appraisal of the technical, economic, environmental and social impact based on criteria and quantitative indicators defined for monitoring and evaluation in the programme submitted.

( 43 ) Communication referred to in Article 37a(2) of this Regulation.

( 44 ) OP acronym to be used.

( 45 ) Please indicate which Regulation is applicable.

( 46 ) Commission Regulation (EC) No 800/2008 of 6 August 2008, declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation) (OJ L 214, 9.8.2008, p. 3).

( 47 ) Communication referred to in Article 37a(3)(a) of this Regulation.

( 48 ) Communication referred to in Article 37a(3)(b) of this Regulation.

( 49 ) Communication referred to in Article 37a(3)(c) of this Regulation.

( 50 ) Communication referred to in Article 37a(3)(d) of this Regulation.

( 51 ) OJ C 54, 4.3.2006, p. 13.

( 52 ) OJ L 302, 1.11.2006, p. 10.

( 53 ) Council Regulation (EEC) No 2019/93 (OJ L 184, 27.7.1993, p. 1).