1.   Harvesters shall submit each year to the competent authorities in the Member States a harvest declaration for the administrative unit specified, containing at least the information specified in Annex II and, where appropriate, Annex III.

Member States may authorise the submission of one declaration per holding.

2.   The following shall not be required to submit a harvest declaration:

In the case where subparagraph (c) applies, the harvesters must submit to the cooperative winery or group a declaration stating:

The cooperative winery or group shall check the accuracy of the data contained in this declaration against the information at its disposal.

3.   By way of derogation from paragraph 1, and without prejudice to the obligations resulting from Article 9, Member States may exempt from the obligation to submit harvest declarations:

1.   Natural or legal persons or groups of such persons, including cooperative wineries, who have produced wine and/or must from the current harvest, shall submit each year to the competent authorities designated by the Member States a production declaration containing at least the information specified in Annex IV.

Member States may authorise the submission of one declaration per winemaking establishment.

2.   The harvesters referred to in Article 8(2) and producers who obtain, by winemaking on their premises using products bought in, less than 10 hectolitres of wine which has not been or will not be marketed in any form whatsoever shall not be required to submit a production declaration.

3.   Exemption from the obligation to submit a production declaration shall also be granted to harvesters belonging to or associated with a cooperative winery that is required to submit a declaration, who deliver their production of grapes to that winery but reserve the right to obtain by winemaking a quantity of wine of less than 10 hectolitres for their family consumption.

4.   In the case of natural or legal persons or groups of such persons who market products upstream of wine, the Member States shall take the necessary measures to ensure that producers required to submit declarations are able to obtain the various data that they must give in the declarations.

1.   Member States may lay down that natural or legal persons or groups of such persons, including cooperative wineries, who, before the date specified in Article 16(1), have treated and/or marketed products upstream of wine for the current wine year shall submit a treatment and/or marketing declaration to the competent authorities.

2.   Exemption from the obligation to submit a treatment and/or marketing declaration shall be granted to harvesters belonging to or associated with a cooperative winery that is required to submit a declaration, who deliver their production of grapes to that winery but reserve the right to obtain by winemaking a quantity of wine of less than 10 hectolitres for their family consumption.

1.   Member States shall draw up the model forms for the various declarations and shall ensure that the said forms contain at least the information specified in Annexes II, III, IV and V.

The forms may be issued and used using computerised systems in accordance with any detailed rules laid down by the competent authorities in the Member States.

2.   The forms referred to above need not include an explicit reference to the area if the Member State is able to determine this with certainty from the other information contained in the declaration, such as the area in production and the total harvest of the holding, or from information in the vineyard register.

3.   The information contained in the declarations referred to in paragraph 1 shall be centralised at national level.

1.   Member States whose wine-growing area does not exceed 500 hectares and which have obtained some of the information to be included in the declarations referred to in Articles 8, 9 and 10 from other administrative instruments may omit that information from those declarations.

Member States whose wine-growing area does not exceed 500 hectares and which have obtained all of the information to be included in the declarations referred to in Articles 8, 9 and 10 from other administrative instruments may exempt operators from submitting one or other of those declarations.

2.   Member States whose wine production does not exceed 50 000 hectolitres per wine year and which have obtained some of the information to be included in the declarations referred to in Article 11 from other administrative instruments may omit that information from those declarations.

Member States whose wine production does not exceed 50 000 hectolitres per wine year and which have obtained all of the information to be included in the declarations referred to in Article 11 from other administrative instruments may exempt operators from submitting those declarations.

3.   Member States which have a computerised system with which a link can be established between declarants, declared production and the vineyard parcels concerned can exempt producers from the requirement to indicate the parcel codes provided for in Annex II drawn up in accordance with Article 8. A link can, in particular, be established by means of the code for the wine-growing unit, reference to a block of parcels or a reference in the vineyard register.

1.   To convert quantities of products other than wine into hectolitres of wine, Member States may set coefficients that may vary according to different objective criteria having a bearing on the conversion. Member States shall communicate the coefficients to the Commission along with the summary provided for in Article 19(1).

2.   The quantity of wine to be entered in the production declaration provided for in Article 9 shall be the total quantity obtained on completion of the principal alcoholic fermentation, including the wine lees.

1.   The declarations referred to in Articles 8 and 9 shall be submitted not later than 15 January. However, Member States may set an earlier date or dates. They may also set a date at which the quantities held are taken into account in making declarations.

2.   The declarations referred to in Article 11 shall be submitted not later than 10 September in respect of quantities held at 31 July. However, Member States may set an earlier date or dates.

1.   Persons required to submit harvest, production or stock declarations who do not submit such declarations by the dates specified in Article 16 of this Regulation shall not benefit, except in cases of force majeure, from the measures provided for in Articles 12, 15, 17, 18 and 19 of Regulation (EC) No 479/2008 for the wine year in question or the following wine year.

However, if the dates set down in Article 16 of this Regulation are exceeded, but not by more than 10 working days, this shall result only in a proportional reduction in the percentage of the amounts to be paid for the wine year in question laid down by the competent body in accordance with the deadline, without prejudice to the imposition of national penalties.

2.   Except in the case of force majeure, when the declarations provided for in paragraph 1 are deemed to be incomplete or inaccurate by the competent authorities of the Member States, and when knowledge of the missing or inaccurate information is essential for proper application of the measures laid down in Articles 12, 15, 17, 18 and 19 of Regulation (EC) No 479/2008, the aid to be paid shall be reduced proportionately by an amount set by the competent body depending on the seriousness of the infringement, without prejudice to national penalties.

1.   The Member States shall send the Commission, by electronic means:

2.   Those reports shall be sent to Eurostat, the Statistical Office of the European Communities.

Member States shall notify the Commission of any important new facts likely to alter substantially the estimate of available quantities and quantities used based on final data for past years.

3.   With a view to establishing price trends, Member States whose wine production during the past five years was on average more than 5 % of total Community wine production shall communicate the following to the Commission in relation to the wines referred to in paragraph 1 of Annex IV to Regulation (EC) No 479/2008:

Member States shall ensure that the Commission has the right to publish the figures in the information sources referred to in point (b) of the first subparagraph.

Member States shall make a limited selection of the markets to be monitored, identifying a total of eight of the most representative quotations for white and red wine produced on their territories.

The prices shall be those for unpacked goods ex-producer’s premises and shall be expressed in euro per degree-hectolitre or per hectolitre.

1.   This title lays down detailed rules for applying Article 112 of Regulation (EC) No 479/2008 as regards the accompanying documents for the wine sector products referred to in Part XII of Annex I to Council Regulation (EC) No 1234/2007 (11), without prejudice to the application of Directive 92/12/EEC. It lays down:

2.   This title also lays down rules on the keeping of entry and withdrawal registers by persons holding wine products in the course of their business.

1.   The following shall be recognised as accompanying documents:

2.   By way of derogation from paragraph 1(b):

1.   The accompanying document shall be regarded as having been duly drawn up when it contains the information set out in Annex VI.

2.   The accompanying document may be used only for a single consignment.

3.   The accompanying documents referred to in Article 24(1)(b) and (2) may be drawn up and supplied by electronic means in accordance with the procedures adopted by the competent authorities of the Member States.

The content of the accompanying documents shall be the same regardless of whether they are drawn up in an electronic medium or on paper.

1.   Where the consignee is established outside the customs territory of the Community, the original of the document accompanying the consignment and one copy, or where appropriate copies 1 and 2, shall be presented in support of the export declaration at the competent customs office of the exporting Member State. The customs office shall ensure that the type, date and number of the document presented are indicated on the export declaration, and that the type, date and number of the export declaration are indicated on the original of the accompanying document and on the copy, or, where appropriate, on the two copies of the accompanying document.

The customs office from where the products leave the customs territory of the Community shall enter one of the indications set down in Annex IX on the two copies mentioned above, and stamp them as authentic. It shall hand the stamped copies bearing the relevant indication to the exporter or his representative. The latter must ensure that a copy accompanies the exported product.

2.   The references mentioned in the first subparagraph of paragraph 1 shall specify at least the type, date and number of the document and, as regards the export declaration, the name and address of the authority competent as regards exports.

3.   Wine products which are temporarily exported under the outward processing arrangements provided for in Council Regulation (EEC) No 2913/92 (14) and Commission Regulation (EEC) No 2454/93 (15) to one of the Member States of the European Free Trade Association (EFTA) to undergo storage, ageing and/or packaging operations shall be accompanied, in addition to the accompanying document, by the information sheet laid down by the recommendation of the Customs Cooperation Council of 3 December 1963. This sheet shall show in the boxes reserved for the description of the product, the description in accordance with Community and national rules and the quantities of wine carried.

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

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

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

4.   For wines with a protected designation of origin (PDO) or a protected geographical indication (PGI) exported to third countries under cover of an accompanying document in accordance with this Regulation, the said document must be presented in support of any other documents, to the satisfaction of the competent authority, when such wines are placed in free circulation in the Community, where the wine in question does not meet the conditions in paragraph 3 or constitute goods returned within the meaning of Regulations (EEC) No 2913/92 and (EEC) No 2454/93. Provided that the supporting documents are deemed satisfactory, the customs office concerned shall endorse a copy or photocopy of the certificate of protected designation of origin or geographical indication supplied by the consignee or his representative and return it to him for the purposes of this Regulation.

1.   Where an accompanying document is completed to accompany a consignment of a wine product in containers of a nominal volume of more than 60 litres, the reference number of the document must be assigned by the competent authority whose name and address are indicated thereon. That authority may be a tax inspection body.

2.   The reference number must

The condition referred to in (b) may be dispensed with if a computerised system is used.

3.   The original of the accompanying document referred to in paragraph 1, duly completed, and the copy thereof shall be validated beforehand and subsequently for each transport operation:

4.   Where an accompanying administrative document or commercial document complying with Regulation (EEC) No 2719/92 or a simplified accompanying document or commercial document complying with Regulation (EEC) No 3649/92 is used, copies 1 and 2 shall be validated beforehand in accordance with the procedure laid down in paragraph 3.

1.   Accompanying documents shall be regarded as certifying the protected designation of origin or geographical indication when duly completed:

2.   A Member State may make it compulsory to certify a protected designation of origin or geographical indication in the case of wines produced on its territory.

3.   The competent authorities of each Member State may permit consignors meeting the requirements set out in paragraph 4 to fill in themselves, or have pre-printed, the particulars relating to certification of protected designations of origin or geographical indications on the accompanying document, provided such certification:

4.   The authorisation referred to in paragraph 3 shall be granted only to consignors who habitually dispatch wines with a PDO or PGI, after it has been verified, following an initial request, that the entry and withdrawal registers are kept in accordance with Chapter III and thus enable the accuracy of the particulars in the documents to be checked.

The competent authorities may refuse to authorise consignors not offering such guarantees as those authorities consider appropriate. They may cancel the authorisation, in particular where consignors no longer meet the requirements laid down in the first subparagraph or no longer offer the guarantees required.

5.   Consignors to whom the authorisation referred to in paragraph 3 is granted shall be obliged to take all necessary steps to safeguard the special stamp or the forms bearing the stamp of the competent authority or the special stamp.

6.   In trade with third countries, only accompanying documents completed in accordance with paragraph 1 for exportation from the Member State of production shall certify for wines with a PDO or PGI that the protected designation of origin or geographical indication for the product complies with the relevant national and Community provisions. However, in the case of exportation from a Member State which is not the producer Member State, the accompanying document completed in accordance with paragraph 1 under cover of which the product is exported shall be considered to certify the designation of origin or protected geographical indication where it indicates:

7.   The accompanying document shall be considered to certify the designation of origin or geographical indication of a third country in the case of imported wine where the said document is completed in accordance with this article using one of the models referred to in paragraph 1(c)(i).

1.   Where the competent authority finds that a natural or legal person or a group of such persons who transports or has transported a wine product has committed a serious infringement of Community provisions in the wine sector or national provisions adopted pursuant thereto, or where that authority has a justified reason for suspecting such an infringement, it may require the consignor to complete the accompanying document and get this validated by the competent authority for validation.

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

2.   Paragraph 1 shall also apply to the transport of products whose production conditions or composition do not comply with Community or national rules.

1.   Where it is found that a consignment requiring an accompanying document is being transported without such a document or under cover of a document containing false, erroneous or incomplete particulars, the competent authority of the Member State where this is discovered or any other agency responsible for ensuring compliance with Community and national rules in the wine sector shall take the measures necessary:

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

In the event of serious or repeated irregularities, the authority with territorial responsibility for the place of unloading shall inform the authority with territorial responsibility for the place of loading. In the case of transport inside the Community, such information shall be communicated in accordance with Regulation (EC) No 555/2008.

2.   Where it is impossible to regularise transport operations within the meaning of the first subparagraph of paragraph 1, the competent authority or the agency that discovered the irregularity shall hold up the transport. It shall inform the consignor that the transport is being held up and of the consequences incurred. These measures may include a ban on marketing the product.

1.   Natural or legal persons and groups of persons who hold wine products, for whatever professional or commercial purposes, shall be required to keep entry and withdrawal registers for those products, hereinafter called ‘registers’.

2.   Member States may require traders who do not hold stocks to keep registers in accordance with the rules and procedures they shall specify.

3.   Persons required to keep registers shall record the entry and withdrawal of each batch of products as referred to in paragraph 1 to or from their premises, and such of the operations specified in Article 41(1) as are carried out on their premises. Those persons must also be able to present, for each annotation in the entry and withdrawal registers of products, a document which has accompanied the relevant consignment or any other supporting document, in particular a commercial document.

1.   Registers need not be kept by:

2.   Recording in a register shall not be required for wine vinegar.

3.   Member States may provide that natural and legal persons and groups of persons who hold stocks of or offer for sale solely wine products in small containers meeting the presentation requirements referred to in Article 25(b)(i) are not required to keep registers, provided that the entries, withdrawals and stocks may be checked at any time on the basis of other supporting documents, in particular commercial documents used for financial accounts.

1.   The registers shall:

However, Member States may provide that:

2.   The registers shall be kept separately for each undertaking, on the premises where the products are held.

However, and on condition that entries, withdrawals and stocks can be checked at all times at the actual place where the products are held on the basis of other supporting documents, the competent authorities may grant authorisation, where appropriate, by giving instructions:

Where retail stores which sell direct to the end user form part of one and the same undertaking and are supplied by one or more central warehouses belonging to that undertaking, such central warehouses shall, without prejudice to Article 37(3), be subject to the obligation to keep registers; deliveries to the said retailers shall be entered in such registers as withdrawals.

1.   For products to be entered in the registers, separate accounts shall be kept for:

Wines with a PDO of different origins put up in containers of no more than 60 litres labelled in accordance with Community provisions, that are acquired from a third party and held with a view to sale may be entered in the same account provided that the competent authority or any agency or body empowered by that authority has given its agreement and that entries and withdrawals of each wine with a PDO appear therein individually; the same shall apply to wines with a PGI.

Loss of the use of the protected designation of origin and of the geographical indication must be recorded in the registers.

2.   Member States shall specify how entries are to be made in the registers concerning:

1.   For every entry or withdrawal of products the registers shall give:

2.   For the wines referred to in paragraphs 1 to 9, 15 and 16 of Annex IV to Regulation (EC) No 479/2008, the entry in the registers kept by the operators shall contain the optional particulars set out in Article 60 of the said Regulation provided that they are shown on the labelling or that it is planned to show them on the labelling.

The compulsory particulars referred to in paragraph 1 may be replaced in the register kept by persons other than the producer by the number of the accompanying document and by the date on which it was drawn up.

3.   The containers for storing the products referred to in paragraph 2 shall be identified in the registers and their nominal volume indicated. The containers concerned shall also bear the relevant particulars provided for by the Member States to permit the body responsible for control to identify their contents using the registers or the documents that replace those registers.

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

4.   In the cases referred to in Article 31(6), a reference to the document under cover of which the product was previously transported shall be entered in the register of withdrawals.

1.   The following operations shall be entered in the registers:

Where an undertaking is granted authorisation to keep simplified registers as referred to in (c) of the first sub-paragraph of Article 38(1) of this Regulation, the competent authority may accept duplicates of the declarations as provided for in point D(4) of Annex V to Regulation (EC) No 479/2008 as equivalent to entries in the registers for the operations of increasing alcoholic strength, acidification and de-acidification.

2.   For each of the operations specified in paragraph 1, registers other than those referred to in Article 42 shall include:

Where a product changes category without undergoing one of the operations referred to in the first subparagraph of paragraph 1, in particular in the case of fermentation of grape must, the quantities and the type of product obtained after the change shall be noted in the registers.

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

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

1.   Holders of registers shall be required to keep individual registers or accounts of the entry and withdrawal of the following products held by them for whatever purpose, including use on their own premises:

The keeping of individual registers or accounts shall not provide exemption from the declarations referred to in point D(4) of Annex V to Regulation (EC) No 479/2008.

2.   The individual registers or accounts referred to in paragraph 1 shall show separately for each product:

1.   The entries in the individual registers or accounts:

However, Member States may authorise longer deadlines not exceeding 30 days, particularly where computerised registers are used, provided that a check can still be made on entries, withdrawals and the operations referred to in Article 41 at any time on the basis of other supporting documents and that these documents are considered reliable by the competent authority or an agency or a body empowered by that authority.

2.   By way of derogation from the first subparagraph of paragraph 1 and subject to any provisions adopted by the Member States pursuant to Article 47(1)(j) and (k), consignments of the same product may be entered in the withdrawal register in the form of a monthly total where the product is put up solely in the containers referred to in Article 25(b)(i).

1.   Member States may:

In particular, in the case referred to in point (j), Member States may require that separate accounts be kept on the registers for specified products or that separate registers be kept for certain categories of product or for certain operations specified in Article 41(1).

2.   Without prejudice to Directive 92/12/EEC, Member States may not prohibit or hinder the movement of products put up in containers of a nominal capacity of not more than five litres as referred to in Article 25(b)(i) on grounds relating to the closing devices used.

However, Member States may, for products put up in their own territory, prohibit the use of certain closing devices or types of packaging or make the use of such closing devices subject to certain conditions.

1.   Without prejudice to any more stringent provisions which may have been adopted by Member States for the application of their legislation or national procedures laid down for other purposes, the accompanying documents and copies required must be kept for at least five years from the end of the calendar year during which they were completed.

2.   The registers and the documents concerning the operations entered therein must be kept for at least five years after the accounts to which they refer have been closed. Where one or more accounts in a register relating to insignificant quantities of wine are not yet closed, such accounts may be carried over to another register, provided reference is made to such carry-over in the original register. In this case, the period of five years referred to in the first subparagraph shall begin on the day of the carry-over.

1.   Each Member State shall notify the Commission of:

2.   Each Member State shall also notify the Commission of:

3.   The Commission shall draw up and keep up-to-date a list containing the names and addresses of the competent bodies and authorities based on information communicated by the Member States. The Commission shall publish that list on the internet.