Commission Regulation (EC) No 436/2009 of 26 May 2009 laying down detailed rules for the application of Council Regulation (EC) No 479/2008 as regards the vineyard register, compulsory declarations and the gathering of information to monitor the wine market, the documents accompanying consignments of wine products and the wine sector registers to be kept
Modified by
  • Commission Regulation (EU) No 173/2011of 23 February 2011amending Regulations (EC) No 2095/2005, (EC) No 1557/2006, (EC) No 1741/2006, (EC) No 1850/2006, (EC) No 1359/2007, (EC) No 382/2008, (EC) No 436/2009, (EC) No 612/2009, (EC) No 1122/2009, (EC) No 1187/2009 and (EU) No 479/2010 as regards the notification obligations within the common organisation of agricultural markets and the direct support schemes for farmers, 32011R0173, February 24, 2011
  • Commission Implementing Regulation (EU) No 314/2012of 12 April 2012amending Commission Regulations (EC) No 555/2008 and (EC) No 436/2009 as regards the documents accompanying consignments of wine products and wine sector registers to be kept Corrigendum to Commission Implementing Regulation (EU) No 314/2012 of 12 April 2012 amending Commission Regulations (EC) No 555/2008 and (EC) No 436/2009 as regards the documents accompanying consignments of wine products and wine sector registers to be kept(Official Journal of the European Union L 103 of 13 April 2012), 32012R031432012R0314R(02), April 13, 2012
Corrected by
  • Corrigendum to Commission Implementing Regulation (EU) No 314/2012 of 12 April 2012 amending Commission Regulations (EC) No 555/2008 and (EC) No 436/2009 as regards the documents accompanying consignments of wine products and wine sector registers to be kept, 32012R0314R(02), November 16, 2012
Commission Regulation (EC) No 436/2009of 26 May 2009laying down detailed rules for the application of Council Regulation (EC) No 479/2008 as regards the vineyard register, compulsory declarations and the gathering of information to monitor the wine market, the documents accompanying consignments of wine products and the wine sector registers to be kept THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 479/2008 of 29 April 2008 on the common organisation of the market in wine, amending Regulations (EC) No 1493/1999, (EC) No 1782/2003, (EC) No 1290/2005, (EC) No 3/2008 and repealing Regulations (EEC) No 2392/86 and (EC) No 1493/1999OJ L 148, 6.6.2008, p. 1., and in particular Article 115(2) and Article 121 thereof, Whereas: (1)Regulation (EC) No 479/2008 amended the previous wine-sector arrangements, as laid down in Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wineOJ L 179, 14.7.1999, p. 1., and repealed Council Regulation (EEC) No 2392/86 of 24 July 1986 establishing the Community vineyard registerOJ L 208, 31.7.1986, p. 1. with effect from 1 August 2009. (2)The compulsory information and the provisions relating to the updating and monitoring of the wine register are at present laid down in Regulation (EEC) No 2392/86 and the detailed implementing rules relating to the keeping of the vineyard register are laid down in Commission Regulation (EEC) No 649/87OJ L 62, 5.3.1987, p. 10.. (3)Article 108 of Regulation (EC) No 479/2008 makes provision for certain Member States to keep a vineyard register containing up-to-date information about production potential. (4)Regulation (EEC) No 649/87 should therefore be repealed and detailed implementing rules in respect of the vineyard register should be adopted. (5)The main objectives of the vineyard register are the monitoring and verification of production potential. Pursuant to Article 116 of Regulation (EC) No 479/2008, Member States are required to ensure that those administration and control procedures which relate to areas are compatible with the Integrated Administration and Control System (IACS). In particular, the identification of the wine producers and the vineyard parcels cultivated must be compatible with the IACS. (6)To avoid excessive administrative burdens without undermining the objectives of the vineyard register, the gathering of information from producers with a very limited production should not be made compulsory. (7)To ensure the practical use of the vineyard register, the information required in it should be consistent with the communications required pursuant to Title IV, production potential, of Commission Regulation (EC) No 555/2008OJ L 170, 30.6.2008, p. 1. laying down detailed rules for implementing Council Regulation (EC) No 479/2008 as regards support programmes, trade with third countries, production potential and on controls in the wine sector. (8)To ensure consistency between the wine-growing data available, certain data collected within the framework of Council Regulation (EEC) No 357/79 of 5 February 1979 on statistical surveys of areas under vinesOJ L 54, 5.3.1979, p. 124. should be included in the vineyard register, and in particular the data concerning the year in which the vineyard parcel was planted. (9)To ensure that the information contained in the vineyard register consistently tallies with the actual wine-growing situation, it should be constantly updated and regularly verified. (10)Article 111 of Regulation (EC) No 479/2008 states that producers of grapes intended for winemaking and producers of must and wine must make harvest declarations each year in respect of the most recent harvest and that producers of wine and must and commercial operators other than retailers must declare their stocks each year. That Article also stipulates that the Member States may also require grape merchants to declare the quantities of grapes marketed. (11)To facilitate the processing of data relating to declarations, each declaration presented in a competent administrative unit should be considered separately from any others that the same producer may have presented in other administrative units in the Member State. (12)However, producers who may provide all the necessary information required in a single declaration of wine production need not make two declarations. Very small producers may be exempted from making declarations as their total production accounts for a very small percentage of Community production. (13)Provision should also be made to require operators selling wine products before the dates specified for declarations to make declarations. (14)In order to facilitate market management operations, a time limit should be laid down for making declarations. Since harvesting takes place at different times in different Member States, the deadlines for declarations by producers should be staggered. (15)In order to facilitate the application of this Regulation, the particulars which must be given in the declarations should be laid down here in tabular form while the Member States should be allowed to decide on the form in which operators are to provide them. (16)The use of computerised procedures is gradually replacing the manual input of data in the different areas of administrative activity. It should therefore also be possible to use computerised and electronic procedures for compulsory declarations. (17)The Member States with a complete vineyard register should be allowed to use certain data, such as area. It is therefore desirable to exempt producers from declaring the area in some circumstances. (18)Member States in which the area under vines does not exceed 500 hectares and wine production does not exceed 50000 hectolitres should be empowered to exclude certain information from the declarations and exempt producers from submitting one or other declarations in circumstances to be determined. (19)The dates by which the information gathered has to be centralised at national level should be adopted. (20)Harvest and stock declarations submitted by the various parties concerned are currently the only means of properly knowing the quantities of wine produced and wine stocks. Appropriate steps therefore need to be taken to ensure that declarations are presented by the parties concerned and are complete and accurate by providing for penalties where declarations are not forthcoming or are false or incomplete when presented. (21)For the same reason, it is essential that the dates by which the information gathered concerning the compulsory declarations has to be forwarded to the Commission, and the form that this forwarding must take should be adopted. (22)Certain information must be available on the wine market to ensure that it can be monitored. In addition to the data provided in the summaries of the various declarations, information on wine supplies, utilisation and prices is essential. The Member States should therefore be required to gather this information and send it to the Commission on certain fixed dates. (23)Certain Member States may be exempted from communicating prices as their total production accounts for a comparatively small percentage of Community production. (24)Commission Regulation (EC) No 1282/2001OJ L 176, 29.6.2001, p. 14. laying down detailed rules as regards the gathering of information to identify wine products and to monitor the wine market should therefore be repealed. (25)For the purposes of the single Community market, the authorities responsible for monitoring the holding and marketing of wine products should be provided with the necessary instruments for carrying out effective controls in accordance with uniform rules applicable throughout the Community. (26)Pursuant to Article 112(1) of Regulation (EC) No 479/2008, wine products can be put into circulation within the Community only with an officially authorised accompanying document. Under Article 112(2) natural or legal persons who hold wine products are to be obliged to keep goods inwards and outwards registers in respect of those products. (27)Progress on tax harmonisation was achieved by means of Council Directive 92/12/EEC of 25 February 1992 on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such goodsOJ L 76, 23.3.1992, p. 1.. To establish uniform rules applicable within the Community and simplify administrative formalities for professionals and the general public, it is appropriate that documents accompanying consignments of wine products for the purposes of applying tax regulations should also be regarded as recognised accompanying documents. (28)The carriage of wine products not subject to the abovementioned tax formalities and consignments of wine products from small producers should be accompanied by a document to enable the competent authorities to monitor the movement of such products. Any commercial document containing at least the details necessary for identifying the product and for tracking its movements may be recognized for that purpose. (29)In order not to cause unnecessary administrative burdens for carriers, no accompanying document should be required for consignments of certain wine products transported over short distances or in small quantities in small containers. (30)Paper documents are gradually being replaced as a result of the growing computerisation of operators’ administrative activities. It is therefore desirable to computerise the drawing-up and use of accompanying documents and registers as well. (31)Supplementary documents, in particular export declarations, are required for exports of wine products in addition to the accompanying documents. Additional procedures should therefore be laid down for drawing up and validating these documents. (32)The monitoring of wine products transported in bulk requires particular care since such products are more susceptible to fraudulent practices than are labelled, bottled products fitted with a non-reusable closing device. Additional information and prior validation of the accompanying document should be required in such cases. (33)To facilitate controls by the competent authorities, a reference to document VI 1 should be required in the documents accompanying consignments of third-country products placed in free circulation. (34)The abovementioned provisions concerning the drawing-up of accompanying administrative documents and the simplified accompanying document refer to rules on the certification of the origin and quality of certain types of wine. The rules for such certification should therefore be laid down. Rules must also be laid down for the certification of the origin of certain wines for carriage not subject to tax formalities, in particular for export. In order to simplify administrative formalities for individuals and to remove the burden of routine tasks from the competent authorities, provision should be made for the latter to authorise consignors fulfilling certain conditions to enter the wording certifying the origin of the wine in the accompanying document, without prejudice to completion of the relevant checks. (35)Provision should be made for the measures to be taken by the competent authorities in the case of carriage by a consignor who has committed a serious offence or in the case of unlawful carriage, care being taken to ensure that the regularisation of such carriage does not delay transport unduly. (36)In order to ensure that by consulting the registers the competent authorities are able effectively to monitor the movement and stocking of wine products, in particular in the course of cooperation between those authorities in the different Member States, the rules concerning the keeping of records should be harmonised at Community level. (37)The obligations relating to registers may cause disproportionate administrative burdens for certain operators. Therefore, Member States should be able to exempt those producers from certain requirements. (38)The substances used in certain oenological practices, especially enrichment, acidification and sweetening, are particularly open to the danger of fraudulent use. Records must therefore be kept concerning those substances to enable the competent authorities to supervise their movement and use. (39)Monitoring of sparkling wines and liqueur wines requires special attention since other products are added to them. Supplementary information should therefore be provided in addition to the registers. (40)The accompanying document for the carriage of wine products laid down by Community rules is a very useful source of information for the bodies responsible for ensuring compliance with Community and national rules in the wine sector. Member States should be allowed to lay down additional rules for the purpose of applying this Regulation for carriage beginning on their own territory. (41)Article 18(1) of Commission Regulation (EEC) No 884/2001 of 24 April 2001 laying down detailed rules of application concerning the documents accompanying the carriage of wine products and the records to be kept in the wine sectorOJ L 128, 10.5.2001, p. 32., introduced the possibility for the Member States to lay down additional or specific provisions for the products in question in circulation on their territory. One provision permits the replacement of the indication of the mass of grape must by volume by the indication of density expressed in degrees Oechsle by 31 July 2010. This traditional practice is used mainly by small agricultural producers who still need several years to adopt the new rules on density. It is therefore appropriate to extend this derogation, while repealing Regulation (EC) No 884/2001. (42)It is desirable that Member States communicate to the Commission the names and addresses of the bodies responsible for conferring the entitlement in respect of the accompanying documents and registers, so as to enable the Commission to forward this information to the other Member States. (43)Information necessary for the verification and auditing of the implementation of the provisions of this Regulation should be retained by Member States for inspection for an appropriate period. (44)Provision should be made for resolving cases of obvious error, force majeure and other exceptional circumstances to ensure fair treatment of carriers. Rules for artificially created situations should be provided for in order to avoid any benefit being derived from such situations. (45)The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets, HAS ADOPTED THIS REGULATION:
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