EN    EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2017) XXX  draft  
  
COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the 
Council as regards the scheme of authorisations for vine plantings, the vineyard register, 
accompanying documents and certification, the inward and outward register, 
compulsor y declarations, notifications and publication of notified information, and 
supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the 
Council as regards the relevant checks and penalties, amending Commission 
Regulations (EC) No 555/20 08, (EC) No 606/2009 and (EC) No 607/2009 and repealing 
Commission Regulation (EC) No 436/2009 and Commission Delegated Regulation (EU) 
2015/560    
EN 2   EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  DELEGATED  ACT  
Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a 
common organisation of the markets in agricultural products confirms the previous approach 
concerning the vineyard register, accompanying documents, imports of wine, inward and 
outward register and comm unication requirements in the wine sector. This Regulation also 
empowers the Commission to adopt delegated and implementing acts in these areas.  
The purpose of this delegated act is to supplement Regulation (EU) No 1308/2013 as regards 
the content of the v ineyard register and exemptions therefrom, rules on accompanying 
documents, their use and conditions for them to be regarded as certifying protected 
designations of origin or geographical indications, conditions on imports of wine, the 
obligations to keep an inward and outward register, the information to be notified by 
undertakings and Member States in the wine market, the processing of data and the 
publication of the information as well as specific rules on checks and transitional provisions.  
In the inter est of simplification, this delegated act will also integrate the provisions of 
Commission Delegated Regulation (EU) No 2015/560 concerning the scheme of 
authorisations for vine plantings.  
Therefore, this delegated act also supplements Regulation (EU) No 1308/2013 by detailing 
the use of the scheme of authorisations for vine plantings and exemptions thereof, as well as 
the application of criteria to the granting of authorisations for new vine plantings including 
additional criteria. It also details the con ditions for the granting of authorisations for 
anticipated replantings, and provides the grounds for restrictions that Member States may 
decide to apply regarding replantings in the same farm holding. Finally, it lays down rules in 
relation to the applicat ion of penalties regarding non -authorised plantings and in relation to 
undertakings associated to the use of criteria.  
The integration of all these different but inter -linked aspects of wine legislation in the same 
act allows not only reducing the number of acts related to the wine sector in the framework of 
the Common Market Organisation (CMO), but also to harmonise definitions applying across 
these areas and increase the coherence of the rules in the wine sector. This leads to 
simplifying the respective implementation in Member States and enhancing clarity. The 
integration of provisions that range from the planting of vines until the marketing of wine as 
final product also contributes to facilitate traceability along the supply chain.  
The adoption of thi s delegated act does not entail financial implications.  
2. CONSULTATIONS  PRIOR  TO THE  ADOPTION  OF THE  ACT  
Consultations, involving experts from all the 28 Member States have been carried out within 
the Experts' Group meetings on delegated acts under the single common organisation of the 
markets. The first meeting held on 23 July 2015 was organised to launch di scussions in the 
form of a workshop chaired by Member State experts. The meeting allowed for a first 
discussion with experts on the basis of questions prepared by the Commission, and Member 
State rapporteurs prepared reports of such discussions. In the Exp erts' Group meeting of 20 
October 2015 the Commission submitted for discussion a first issues paper (concerning the 
provisions on vineyard register and compulsory declarations), incorporating the outcome of 
the workshop discussions, followed by the launchi ng of a questionnaire on the specific topic  
EN 3   EN of the vineyard register. The outcomes of the latter were discussed in the Experts' Group 
meeting of 18 October 2016. A second issues paper (concerning provisions on accompanying 
documents, registers and trade re gime with third countries) was submitted and discussed 
during the Experts' Group meetings of 26 January, 26 April, 31 May, 28 June and 19 July 
2016.  
A draft legal text was presented for the first time on 20 September 2016 and further 
consultations have be en carried out with Member States' experts. The Commission presented 
amended versions of the text, taking broadly into account observations and comments made in 
each of the Experts' Group meetings or sent in writing to the Commission services. Several 
meet ings were also held with the wine stakeholders, both bilaterally and in the context of the 
Civil Dialogue Group for wine. This consultation process led to a broad consensus on the 
draft Delegated Regulation.  
3. LEGAL  ELEMENTS  OF THE  DELEGATED  ACT  
This dele gated act contains provisions supplementing certain rules of Regulation (EU) No 
1308/2013 of the European Parliament and of the Council that are necessary to ensure the 
proper functioning of the internal market, as well as supplementing Regulation (EU) No 
1306/2013 of the European Parliament and of the Council as regards the relevant checks and 
penalties. In particular, it sets out the legal framework for the scheme of authorisations for 
vine plantings and its management, the vineyard register, accompanying  documents and 
certification, inward and outward register, and communication requirements in the wine 
sector.  
The act repeals and replaces Commission Regulation (EC) No 436/2009 and the relevant 
provisions of Commission Regulations (EC) No 555/2008, as we ll as some provisions of 
Commission Regulations (EC) No 606/2009 and (EC) No 607/2009 concerning certification 
of varietal wines and administrative rules relating to the inward and outward register. It also 
repeals and replaces Commission Delegated Regulat ion (EU) No 2015/560 concerning the 
scheme of authorisations for vine plantings, thereby integrating its provisions in this new act.   
EN 4   EN COMMISSION DELEGAT ED REGULATION (EU) …/...  
of XXX  
supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the 
Council as regards the scheme of authorisations for vine plantings, the vineyard register, 
accompanying documents and certification, the inward  and outward register, 
compulsory declarations, notifications and publication of notified information, and 
supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the 
Council as regards the relevant checks and penalties, amending Commi ssion 
Regulations (EC) No 555/2008, (EC) No 606/2009 and (EC) No 607/2009 and repealing 
Commission Regulation (EC) No 436/2009 and Commission Delegated Regulation (EU) 
2015/560  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European Union,  
Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the 
Council of 17 December 2013 establishing a common organisation of the markets in 
agricultural products and repealing Council Regulations (EEC) No 922/72, (E EC) No 234/79, 
(EC) No 1037/2001 and (EC) No 1234/20071, and in particular Articles 69, 89, 145(4), 147(3) 
and 223(2) thereof and point 5 of Section D of Part II of Annex VIII to that Regulation,  
Having regard to Regulation (EU) No 1306/2013 of the Europea n Parliament and of the 
Council of 17 December 2013 on the financing, management and monitoring of the common 
agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, 
(EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (E C) No 485/20082, and in 
particular Articles 64(6) and 89(5) thereof,  
Whereas:  
(1) Regulation (EU) No 1308/2013 has repealed and replaced Council Regulation (EC) 
No 1234/20073. Chapter III of Title I and Section 2 of Chapter II of Title II of Part II 
of Regulat ion (EU) No 1308/2013 contain rules as regards the scheme of 
authorisations for vine plantings and its management, the vineyard register, 
accompanying documents and certification, inward and outward register, and 
communication requirements in the wine sect or and empower the Commission to 
adopt delegated and implementing acts in that respect. Those acts should replace the 
relevant provisions of Commission Regulations (EC) No 555/20084 and (EC) No 
436/20095, as well as some provisions of Commission Regulation s (EC) No 606/20096 
                                                 
1 OJ L 347, 20.12.2013, p. 671.  
2 OJ L 347, 20.12.2013, p. 549.  
3 Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of 
agricultural markets and on specific provisions for certain agr icultural products (Single CMO 
Regulation) (OJ L 299, 16.11.2007, p. 1).  
4 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).  
5 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  
EN 5   EN and (EC) No 607/20097 concerning certification of varietal wines and administrative 
rules relating to inward and outward registers. In the interest of simplification, the new 
delegated act should also incorporate the provisions of Commi ssion Delegated 
Regulation (EU) 2015/5608. 
(2) In the interest of legal certainty, certain terms used in this Regulation and in 
Commission Implementing Regulation (EU) …./…9 should be defined. It is 
appropriate to define the different types of vine areas and o perators in relation to the 
specific rights and requirements provided for each of them in both Regulations.  
(3) Article 62 of Regulation (EU) No 1308/2013 lays down the general requirement for 
the Member States to grant an authorisation for vine plantings upon  submission of an 
application by producers intending to plant or replant vines. However, pursuant to 
paragraph 4 of that Article, certain areas are exempted from the scheme of 
authorisations. It is necessary to lay down rules on the conditions for the appl ication of 
that exemption. The areas intended for experimental purposes or for graft nurseries 
should only be used for the specified purposes in order to avoid the circumvention of 
the new scheme. Grapevine products made from such areas should not be marke ted 
unless Member States consider that there are no risks of market disturbance. Existing 
wine -growing experiments and graft nurseries should be allowed to continue under the 
rules applicable to them before the entry into force of Delegated Regulation (EU)  
2015/560. In order to guarantee that  areas whose wine or vine products are intended 
solely for the consumption by the wine grower's household do not contribute to market 
disturbances, it is appropriate to lay down a size limit and make the exemption subj ect 
to the condition that the wine grower is not involved in commercial wine production. 
For the same reason, such exemption should also be extended to organisations without 
a commercial activity. In respect of areas established by a producer having lost a  
certain area planted with vines due to compulsory purchases in the public interest 
under national law, a condition as regards the maximum surface of the new area 
should be laid down, so as to avoid undermining the general objectives of the scheme 
of autho risations for vine plantings.  
(4) Article 64(1) and (2) of Regulation (EU) No 1308/2013 lays down rules concerning 
the granting of authorisations for new plantings and sets out eligibility and priority 
criteria that Member States may apply. Specific conditions  associated to some of the 
eligibility and priority criteria should be laid down in order to establish a level playing 
field for their implementation and to avoid the circumvention of the system of 
                                                                                                                                                         
declarations and the gathering of information to monitor the wine marke t, the documents accompanying 
consignments of wine products and the wine sector registers to be kept (OJ L 128, 27.5.2009, p. 15).  
6 Commission Regulation (EC) No 606/2009 of 10 July 2009 laying down certain detailed rules for 
implementing Council Regulat ion (EC) No 479/2008 as regards the categories of grapevine products, 
oenological practices and the applicable restrictions (OJ L 193, 24.7.2009, p. 1).  
7 Commission Regulation (EC) No 607/2009 of 14 July 2009 laying down certain detailed rules for the 
implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin 
and geographical indications, traditional terms, labelling and presentation of certain wine sector 
products (OJ L  193, 24.7.2009, p. 60).  
8 Commission Delegated Regulation (EU) 2015/560 of 7 April 2015 supplementing Regulation (EU) No 
1308/2013 of the European Parliament and of the Council as regards the scheme of authorisations for 
vine plantings (OJ L 93, 9.4.2015, p. 1).  
9 Commission Implementing Regulation (EU ) …./… of ……… laying down rules for the application of 
Regulation (EU) No 1308/2013 of the European Parliament of the Council as regards the scheme of 
authorisations for vine plantings, vineyard register, accompanying documents, inward and outward 
register  and compulsory declarations, and repealing Implementing Regulation (EU) 2015/561 (OJ L 
…).  
EN 6   EN authorisations by producers being granted authorisations. In addition, the three 
additional criteria introduced by Delegated Regulation (EU) 2015/516 should be 
maintained: an eligibility criterion on the misappropriation of reputation of protected 
geographical indications; a priority criterion favouring those pro ducers that comply 
with the rules of the scheme and do not have abandoned vineyards in their holding; 
and a priority criterion favouring non -profit organisations with a social purpose having 
received lands confiscated in case of terrorism and other types o f crime. The eligibility 
criterion responds to the need of protecting the reputation of specific geographical 
indications in a similar manner as the reputation of specific designations of origin, 
ensuring that they are not threatened by new plantings. The first priority criterion 
favours certain applicants on the basis of their background that shows their respect for 
the rules of the authorisations scheme and that they are not applying for authorisations 
for new plantings while having areas planted with vin es out of production which could 
generate authorisations for replanting. The second priority criterion aims at favouring 
non-profit organisations with a social purpose having received lands confiscated in 
case of terrorism and other types of crime, in orde r to promote the social use of land 
that could risk otherwise being out of production.  
(5) Taking into account Article 118 of Regulation (EU) No 1306/2013 and in order to 
address natural and socioeconomic differences and different growth strategies by the 
econ omic actors in those different areas within a particular territory, Member States 
should be permitted to apply the eligibility criteria and priority criteria referred to in 
Article 64(1) and (2) of Regulation (EU) No 1308/2013, as well as the three additio nal 
eligibility and priority criteria, differently at regional level, for specific areas eligible 
for a protected designation of origin ('PDO'), for specific areas eligible for a protected 
geographical indication ('PGI') or for areas without a geographical  indication. Such 
differences in the application of those criteria in the different areas of a particular 
territory should always be based on the differences between those areas.  
(6) In order to respond to cases of circumvention not anticipated by this Regulation, 
Member States should adopt measures to avoid the circumvention of eligibility or 
priority criteria by applicants of authorisations where their actions are not already 
covered  by the specific anti -circumvention provisions laid down in this Regulation 
with regard to the specific eligibility and priority criteria.  
(7) Article 66(2) of Regulation (EU) No 1308/2013 provides for the possibility of co -
existence of vines that the produce r has undertaken to grub up with newly planted 
vines. In order to prevent irregularities, Member States should have the possibility to 
ensure by the appropriate means that the undertaking to grub up is carried out, 
including the requirement to lodge a secu rity accompanying the granting of an 
authorisation for anticipated replanting. In addition it is necessary to specify that in 
case the grubbing up is not carried out within the 4 -year deadline set out in that 
provision the vines planted in the pledged area  are to be considered as non -authorised.  
(8) Article 66(3) of Regulation (EU) No 1308/2013 allows Member States to restrict the 
replanting in areas eligible for the production of wines with protected designations of 
origin or protected geographical indication s, on the basis of a recommendation from 
recognised and representative professional organisations. The grounds or reasons for 
such decisions of restriction should be defined in order to clarify the limits of their 
scope, while ensuring the coherence of the  scheme and avoiding its circumvention. It 
should be ensured that the automaticity in granting authorisations for replantings 
established in Article 66(1) of Regulation (EU) No 1308/2013 does not hinder the 
possibility of Member States to limit the issuing  of authorisations for specific areas in  
EN 7   EN accordance with Article 63(2)(b) and (3) of that Regulation. Nevertheless it should be 
clarified that certain specific cases may not be considered as a circumvention of the 
scheme.  
(9) Article 145 of Regulation (EU) No 1308/2013 provides that certain Member States are 
to keep a vineyard register containing up -to-date information about the production 
potential. The details of the information to be included in the vineyard register should 
be laid down in this Regulation.  
(10) Pursuant to Article 147(1) of Regulation (EU) No 1308/2013, wine products may be 
put into circulation within the territory of the Union only with an officially authorised 
accompanying document. Rules on the use of that accompanying document should be 
laid d own.  
(11) Experience in Member States has shown that the scope of the exemptions from the 
obligation of transporting wine products with an accompanying document may cover 
wider distances and a wider range of operations, thus facilitating wine movements, 
without  preventing a satisfactory level of traceability of wine products. In particular, 
grape juice and must falling within CN codes 2009 61 and 2009 69 delivered to 
operators not involved in winemaking should also be exempted since those operators 
are not subje ct to control by the authorities in charge of the wine sector and the 
traceability of those products can be ensured by means of a commercial document.  
(12) Council Directive 2008/118/EC10 contains harmonised arrangements for certain excise 
goods, including certa in alcoholic beverages, and provides for an electronic 
administrative document and other documents that must accompany consignments of 
such goods. With a view to establishing uniform rules applicable within the Union and 
simplifying administrative formalit ies for operators, it is appropriate to provide that 
documents accompanying consignments of wine products for the purpose of applying 
excise rules are also considered as recognised accompanying documents within the 
meaning of Regulation (EU) No 1308/2013.  
(13) Taking into account Article 40 of Directive 2008/118/EC and in order to accelerate the 
administrative formalities for operators and present higher guarantees of reliability for 
the certification and traceability of wine products, the use of a simplified i nformation 
system for issuing electronic accompanying documents put in place by the Member 
States providing the use of a commercial document containing at least the details 
necessary for identifying the product and for tracking its movement should be 
recog nised as regards consignments of wine products from small producers and 
consignments of wine products not subject to excise duty. However, in order to allow 
the Member States that do not use yet such an information system to set it up, a 
transitional perio d should be provided during which both paper and electronic 
accompanying documents may be used.  
(14) Taking into account Article 30 of Directive 2008/118/EC, Member States should be 
allowed to use simplified procedures and documents that enable them to monitor the 
movement of wine products carried out exclusively on their territory.  
(15) The accompanying documents may also serve to certify certain characteristics of wine 
products in general and their vintage year or wine grape varieties and their PDO or 
PGI in partic ular. In order to ensure equal treatment of all operators, this Regulation 
should lay down the conditions under which the accompanying documents can be used 
                                                 
10 Council Directive 2008/118/EC of 16 December 2008 concerning the general arrangements for excise 
duty and repealing Directive 92/12/EEC (OJ L 9, 14.1.2009, p. 12) .   
EN 8   EN for the purpose of such certification. In order to simplify administrative formalities for 
operator s and to remove the burden of routine tasks from the competent authorities, 
provision should be made for the latter to authorise consignors to fill in and self -certify 
in the accompanying documents the origin or provenance and characteristics of the 
wine p roducts, the vintage year or the grape variety(ies) from which the products are 
produced and the PDO or PGI of the wine.  
(16) Where specific certificates concerning the characteristics of the wine products have to 
be provided by operators at the request of thi rd countries, this Regulation should offer 
the possibility to use a certification for exported wine products and provide for the 
conditions for its authenticity and use.  
(17) In addition to the accompanying documents, supplementary documents, such as export 
declarations, are required by the customs rules as proof of export of wine products. 
Additional procedures should therefore be laid down for drawing up and validating 
those documents in accordance with the rules laid down in or under Regulation (EU) 
No 952/20 13 of the European Parliament and of the Council11. 
(18) Wine products transported in bulk are more susceptible to fraudulent practices than 
labelled bottled products fitted with a non -reusable closing device. Therefore, prior 
information of the competent author ity at the place of loading on the details included 
in the accompanying document should be required for such consignments, unless an 
information system is used allowing the competent authority at the place of unloading 
to be informed of those details.  
(19) To facilitate checks by the competent authorities of transports of consignments of third 
country products released into free circulation or of Union products that were initially 
exported and then reimported into the Union, a reference to the documents used for  the 
release into free circulation or, in the case of products originating in the Union, to the 
accompanying document issued for the initial dispatch or other accepted document 
proving the origin of the products should be required on the documents accompan ying 
the consignments of such products after release into free circulation.  
(20) In the interest of legal certainty, rules should be laid down to harmonise the action to 
be taken by the consignee in case of refusal of a product transported under cover of an 
accompanying document and to specify under the cover of which accompanying 
document the product may subsequently be transported.  
(21) To address cases where the competent authority finds or has a justified reason to 
suspect that a serious infringement of Union or national rules in the wine sector as 
regards the transport of wine products under the cover of accompanying documents or 
the production conditions or composition of such products has been committed by a 
consignor and with a view to enabling the competent a uthorities to monitor the 
subsequent movement or to decide on the future use of the product in question, it is 
appropriate to lay down detailed provisions regarding the procedure that may be 
required by the competent authority as regards the accompanying d ocuments and the 
exchange of information and mutual assistance between competent authorities  in such 
instances.  
(22) In order to ensure a deterrent effect or to restore legality in the event of non -serious 
infringements relating to accompanying documents for t ransports of wine products, 
rules should be laid down that enable the competent authority that discovered the 
                                                 
11 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying 
down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).   
EN 9   EN irregularities to take appropriate measures to regularise such transport or to take 
proportionate measures in respect of the irregularities, inclu ding a ban on the 
marketing of the products in question, and to inform the competent authority at the 
place of loading.  
(23) In the interest of legal certainty, it is appropriate that rules relating to cases of force 
majeure or to unforeseen incidents in the co urse of transport are provided so that the 
carrier is aware of what is required to regularise the transport operation in question.  
(24) Article 90 of Regulation (EU) No 1308/2013 provides that the imported wine products 
covered by that Article are to be accompa nied by a certificate drawn up by a 
competent body in the product's country of origin and an analysis report drawn up by a 
body or department designated by the third country of origin. In order to reduce the 
number of documents required for imports into th e Union and facilitate checks by the 
competent authorities of the Member States, that certificate and that analysis report 
should be combined to be integrated in one single document, the VI -1 document. With 
a view to ensuring legal certainty and facilitati ng trade, provision should be made for 
such document to be regarded as certifying the characteristics of the wine product, the 
vintage year or grape variety(ies) or a PDO or PGI.  
(25) For the sake of harmonisation and to alleviate the administrative burden both  for 
operators and Member States, the exemptions from the requirement to present a VI -1 
document for wine products being imported into the Union should be brought in line 
with the exemptions applicable to documents accompanying consignments of wine 
product s after their release into free circulation within the Union, with the Union 
system of reliefs from customs duty laid down in Council Regulation (EC) No 
1186/200912 and with exemptions stemming from specific conventions on diplomatic 
relations concluded wit h third countries.  
(26) In order to allow the competent authorities of the Member States to apply harmonised 
procedures and use the same type of document no matter the Member State of 
destination of the imported products, a specimen of the VI -1 document and its  extract, 
the VI -2 extract, should be provided, as well as details relating to the procedure to be 
followed for their issuing.  
(27) Rules for the use of the VI -1 document and of the VI -2 extract should be laid down to 
ensure that all parties concerned follow th e same procedure to release a consignment 
into free circulation. Taking into account the commercial practice, it should be 
clarified that where a consignment of wine is split up, competent authorities should be 
empowered to have extracts of the VI -1 docume nt drawn up under their supervision to 
accompany each new consignment resulting from the splitting.  
(28) With a view to facilitating trade and simplify indirect imports, it is appropriate to lay 
down rules specifying the cases where no further analyses are requ ired for imports 
from a third country other than the country of origin of the wine product.  
(29) With a view to addressing the particularities of specific wines such as liqueur wines 
and wines fortified for distillation as well as wines bearing a geographical indication, 
rules should be laid down in relation to the use of the VI -1 document for consignments 
of such wines. In order to alleviate the task of the exporters and the authorities, 
presenting the VI -1 document should be enough to certify the geographical  indication 
                                                 
12 Council Regulation (EC) No 1186/2009 of 16 November 2009 setting up a Community system of 
reliefs from customs duty (OJ L 324, 10.12.2009, p. 23).   
EN 10   EN or vinous origin of the alcohol added to liqueur wines or wines fortified for 
distillation, provided certain conditions are fulfilled.  
(30) With a view to facilitating trade with third countries that concluded agreements with 
the Union which include  clauses concerning closer cooperation on the prevention of 
fraud and that maintain good trade relations with the Union, it is appropriate to 
authorise producers in those countries to issue VI -1 documents themselves and to 
consider those documents as docum ents issued by competent bodies of, or bodies or 
departments designated by, the third countries as referred to in Article 90 of 
Regulation (EU) No 1308/2013, in a manner similar to that already allowed for wines 
of Union origin.  
(31) Taking into account the de velopment of computerised systems in the wine sector and 
in order to facilitate the monitoring of the movements and checks of wine products, it 
is appropriate to authorise also the use of computerised systems and electronic 
documents  to be issued by compet ent bodies of third countries or directly by the 
operators in third countries under supervision of their competent authorities. 
Nevertheless, the use of computerised systems should be subject to the respect of 
certain minimum conditions and to the recognit ion by the Union that the system of 
checks established in a third country offers sufficient guarantees as regards the nature, 
the origin and the traceability of the wine products imported in the Union from that 
third country. It is therefore necessary to l ay down those minimum conditions. In order 
to simplify and accelerate procedures for both operators and competent authorities for 
issuing VI -2 extracts, it is appropriate to allow the Member States' authorities to issue 
such extracts by means of computeris ed systems, according to procedures to be 
established by them.  
(32) Under Article 147(2) of Regulation (EU) No 1308/2013, natural or legal persons who 
hold wine products are to keep an inward and outward register in respect of those 
products. However, for certa in operators whose stocks or sales do not exceed certain 
thresholds or who sell only in their premises, keeping a register would constitute a 
disproportionate burden. Therefore, they should be exempted from this obligation. 
Member States should keep a list  of those operators obliged to keep an inward and 
outward register for transparency and control purposes. Also, in order to ensure the 
traceability and the monitoring of the movement and stocking of wine products, rules 
should be laid down concerning the n eed of a separate register for each undertaking, 
details on how to keep it as well as the operations they have to record in the register.  
(33) This Regulation should provide common rules applicable to all operators. With a view 
to facilitating checks, Member St ates should nevertheless be able to establish 
complementary rules on registration particulars concerning certain products or 
operations to be included in the register and to require operators to notify certain 
treatments to be recorded in the register. How ever, since those notifications could 
cause disproportionate administrative burdens for certain operators, it is justified to 
restrict the possibility of Member States to require such notifications.  
(34) In order to facilitate the collection of market informati on data for monitoring and 
market management while limiting the administrative burden, provisions should be 
laid down to ensure that production and stock declarations are submitted by the 
operators concerned established in Member States which are obliged t o maintain a 
vineyard register. However, Member States which are not obliged to maintain a 
vineyard register should be given the possibility to require such declarations. In order 
to avoid the duplication of data, those Members States that have implemented  a  
EN 11   EN vineyard register containing annually updated information on the area planted with 
vines in relation to each wine grower should be able to exempt operators from 
declaring the area in the production declarations.  
(35) With the aim of improving traceability and market management, Member States 
should be allowed to collect complementary data regarding the production of grapes 
and must intended for winemaking. For this purpose Member States should be allowed 
to require harvest declarations.  
(36) With the aim of impr oving traceability and market management, Member States 
should be allowed to collect data about operations that may take place between the 
actual harvest date and the dates for submission of the production and harvest 
declarations concerning the treatment or marketing of the harvested grapes and 
resulting must or grape juice.  
(37) For the sake of improved transparency and market management, the rules laid down in 
this Regulation should not impede Member States from requesting more 
comprehensive information. In a ddition, in cases of absence of production or stocks, 
Member States should be allowed to exempt operators from submitting declarations.  
(38) For the purposes of Article 89 of Regulation (EU) No 1306/2013, uniform rules should 
be laid down on checks to be carri ed out in relation to the internal market. Therefore, 
the authorities responsible for monitoring the holding and marketing of wine products 
should be provided with the necessary instruments for carrying out effective checks in 
accordance with uniform rules  applicable throughout the Union as regards the 
production potential, vineyard register, accompanying documents, certification and 
inward and outward register.  
(39) In order to guarantee the smooth operation of checks and sampling of grapes and wine 
products, p rovisions should be adopted to prevent parties subject to checks from 
obstructing those checks and to oblige them to facilitate sampling and provide the 
information required pursuant to this Regulation.  
(40) With a view to providing Member States with efficient  tools to address the risk of 
fraudulent manipulation of wine, the analytical databank of isotopic data referred to in 
Article 89(5) of Regulation (EU) No 1306/2013 has been established at and is 
managed by the European reference centre for the control in the wine sector set up 
within the Joint Research Centre. The use of reference isotopic methods of analysis 
ensures effective checks relating to the enrichment of wine products or the discovery 
of the addition of water to such products. Along with other ana lytical techniques, the 
analytical data bank of isotopic data helps to verify conformity of wine products with 
the declared origin and variety. To this end, provisions should be laid down for the use 
of reference isotopic analysis methods and for the keepi ng and updating of the 
analytical databank.  
(41) Member States should ensure the effectiveness of the work of the authorities 
responsible for wine -sector checks. To that end, check operations should be 
coordinated between the competent authorities in Member Sta tes where several 
authorities are in charge of wine -sector checks and Member States should designate a 
single body responsible for liaison between them and with the Commission.  
(42) In order to facilitate checks throughout the Union, Member States should take t he 
necessary steps to ensure that the officials of the competent authorities have adequate 
powers of investigation to guarantee compliance with the rules.   
EN 12   EN (43) With a view to ensuring traceability of wine products and compliance with Union 
rules in the wine se ctor, coordination of checks and access to information by the 
competent authorities in the wine sector should be maintained. To fully meet this 
coordinated approach, the various authorities involved in the checks of wine products 
subject to excise duty sho uld have access to the information on the movements of 
these products carried out under Directive 2008/118/EC and Regulation (EC) No 
684/2009. For this purpose, it is appropriate that account be taken of the computerised 
system for the movement and surveil lance of excisable products set up by Decision No 
1152/2003/EC of the European Parliament and of the Council13.   
(44) The interdependence of wine -sector markets and the trade between Member States and 
third countries calls for close cooperation between the vari ous authorities responsible 
for checks. For the purpose of effective collaboration between the Member States in 
applying wine -sector rules, Member States’ competent authorities should be able to 
liaise with competent authorities in another Member State. To  this end, the rules 
governing mutual assistance on request should be laid down. With the aim of 
simplifying the administration of expenditure relating to the taking and dispatching of 
samples, analysis and organoleptic testing and employing the services o f an expert, the 
principle should be established that such expenditure is to be borne by the competent 
authority of the Member State ordering the sampling or the services of an expert.  
(45) In order to enhance the effectiveness of mutual assistance of competen t authorities, 
this Regulation should contain a provision on the conclusive force of the findings from 
checks carried out pursuant to this Regulation in a Member State different from the 
Member State where the check was carried out.  
(46) In order to combat frau d effectively, to avoid serious risks of fraud or to take 
appropriate action in cases of suspicion of or detected non -compliance of wine 
products with Union rules, the liaison bodies of the Member States concerned should 
be able to notify each other about such cases. For this purpose, the Member States 
concerned should use the information systems made available by the Commission.  
(47) Article 64 of Regulation (EU) No 1306/2013 provides for administrative penalties in 
cases of non -compliance in relation to eligib ility criteria, commitments and other 
obligations resulting from the application of sectorial agricultural legislation. Pursuant 
to Article 71(4) of Regulation (EU) No 1308/2013 administrative penalties are to be 
provided for in relation to non -authorised plantings. In order to ensure the deterrent 
effect, Member States should be able to graduate those penalties according to the 
commercial value of the wines produced in the vineyards concerned. The minimum 
value of those penalties should correspond to the a verage yearly income per hectare of 
vine areas at Union level, measured in gross margin per hectare of vine areas. A 
progressive graduation should be established from this minimum value, depending on 
the time of non -compliance. Member States should also be  given the possibility to 
apply higher minimum penalties to producers in a certain area, where the minimum 
value established at Union level represents less than the estimated average yearly 
income per hectare of the area concerned. Such increase in the min imum value of 
penalties should be proportional to the estimated average yearly income per hectare for 
the area where the non -authorised vine area is located.  
(48) In view of the need to ensure swift and effective protection of consumers, it is 
essential to prov ide for the possibility of suspending the use of the accompanying 
                                                 
13 Decision No 1152/2003/EC of the European Parliament and of the Council of 16 June 2003 on 
computerising the movement and surveillance of excisable products (OJ L 162, 1.7.2003, p. 5).   
EN 13   EN documents and certification procedures by operators found or suspected of non -
compliance with the Union rules on production or transport of wine products or the 
use of simplified arrangement s or electronic procedures for imports in the event of 
fraud or a health risk to consumers.  
(49) In order to ensure an effective application of this Regulation and a proper monitoring 
of the wine market, penalties with a deterrent effect to be applied by Membe r States 
according to the severity and reoccurrence of the non -compliance should be provided 
for cases where the obligations to keep the inward and outward register, submit 
declarations or make notifications are not respected.  
(50) In order to ensure fair treat ment of operators, rules should be laid down for cases of 
obvious errors and exceptional circumstances.  
(51) In accordance with Article 223 of Regulation (EU) No 1308/2013, rules should be laid 
down on the notifications to be made to the Commission by Member St ates. To this 
end, it is appropriate to lay down the nature and type of the information to be provided 
and the conditions of publication of that information.  
(52) In order to facilitate the checking of the documents for the import of wine products 
issued by thi rd countries, the Commission should list and make public the competent 
bodies, designated bodies or departments and authorised wine producers notified by 
third countries for the purpose of drawing up such documents. With a view to 
facilitating the communic ation and assistance requests between Member States and the 
Commission, on the one hand, and third countries, on the other hand, the liaison body 
designated in each third country to be in contact with the Commission and the Member 
States should also be mad e public by the Commission.  
(53) In order to ensure the quality of the wine products, provisions should be laid down for 
the implementation of the prohibition of over -pressing of grapes. The verification of 
the correct application of that prohibition requires a n adequate monitoring of the by -
products resulting from winemaking and their final use. To this end, rules on the 
minimum percentage of alcohol contained in the by -products after the pressing of 
grapes should be fixed, as well as on the conditions for the mandatory disposal of by -
products held by any natural or legal persons or groups of persons, under the 
supervision of Member States' competent authorities. Since such conditions are 
directly connected with the winemaking process, they should be listed toge ther with 
the oenological practices and applicable restrictions for the production of wine set out 
in Regulation (EC) No 606/2009. That Regulation should therefore be amended 
accordingly.  
(54) In the interest of clarity and legal certainty, the provisions of R egulations (EC) No 
555/2008, (EC) No 606/2009 and (EC) No 607/2009 that are replaced by this 
Regulation and Implementing Regulation (EU)  …./… should be deleted. For the same 
reason, Regulation (EC) No 436/2009 and Delegated Regulation (EU) 2015/560 
should  be repealed,  
HAS ADOPTED THIS REGULATION:  
   
EN 14   EN CHAPTER I  
INTRODUCTORY PROVISIONS  
Article 1  
Subject matter  
This Regulation lays down rules supplementing Regulations (EU) No 1306/2013 and (EU) No 
1308/2013, respectively, as regards:  
(a) the scheme of authorisations for vine plantings;  
(b) the vineyard register;  
(c) recognised accompanying documents, certification and rules for imports of 
wine;  
(d) the inward and outward register;  
(e) compulsory declarations;  
(f) checks and the analytical databank of isot opic data;  
(g) competent authorities and mutual assistance between them;  
(h) penalties;  
(i) notifications and publication of notified information.  
Article 2   
Definitions  
1. For the purposes of this Regulation and Implementing Regulation (EU) …./…, the 
following definitions shall apply:  
(a) 'wine grower' means a natural or legal person, or a group of natural or legal 
persons, whatever legal status is granted to the group and its members by 
national law, whose holding is situated within the Union territory, as defined in 
Article 52 of the Treaty on European Union in conjunction with Article 355 of 
the Treaty on the Functioning of the European Union, and who holds an area 
planted with vines where the produce of this area is used for the commercial 
production of wine prod ucts, or the area benefits from the exemptions for 
experimental purposes or for graft nurseries referred to in Article 3(2) of this 
Regulation;  
(b) 'wine products' means the products listed in Part XII of Annex I to Regulation 
(EU) No 1308/2013, except wine vi negar falling within CN codes 2209 00 11 
and 2209 00 19;  
(c)  'vineyard parcel' means an agricultural parcel as defined in Article 67(4)(a) of 
Regulation (EU) No 1306/2013 planted with vines either aimed at the 
commercial production of wine products or benefit ting from the exemptions for 
experimental purposes or for graft nurseries referred to in Article 3(2) of this 
Regulation;  
(d) 'abandoned wine -growing area' means an area planted with vines which is no 
longer subject to regular cultivation with a view to obtain ing a marketable 
product since more than five wine years, without prejudice to specific cases 
defined by the Member States, the grubbing up of which no longer entitles the  
EN 15   EN producer to be granted a replanting authorisation in accordance with Article 66 
of Regulation (EU) No 1308/2013;  
(e) 'harvester' means a natural or legal person or a group of such persons, whatever 
legal status is granted to the group and its members by national law, who 
gathers the harvest of grapes from an area planted with vines in order to market 
those grapes for the production of wine products by third parties, or to process 
them into wine products in his holding, or have them processed on his behalf, 
with commercial purposes;  
(f) 'processor' means a natural or legal person or a group of suc h persons, 
whatever legal status is granted to the group and its members by national law, 
by whom or on whose behalf the processing of wines is carried out, the result 
of which being wines, liqueur wines, sparkling and semi -sparkling wines, 
aerated sparkli ng and semi -sparkling wines, quality sparkling wines or quality 
aromatic sparkling wines;  
(g) 'retailer' means a natural or legal person or a group of such persons, whatever 
legal status is granted to the group and its members by national law, whose 
business a ctivity includes the sale directly to the consumer of wine and must in 
small quantities, to be defined by each Member State, having regard to the 
special features of trade and distribution, but excluding persons who use cellars 
equipped for storing or faci lities for bottling wine in large quantities, and those 
who engage in itinerant trading in wine transported in bulk;  
(h) 'bottling' means putting up wine as a final product for commercial purposes in 
containers of a capacity not exceeding 60 litres;  
(i) 'bottler' means a natural or legal person or a group of such persons, whatever 
legal status is granted to the group and its members by national law, carrying 
out bottling of wine or having bottling carried out on his behalf;  
(j) 'merchant' means a natural or legal person or a group of such persons, whatever 
legal status is granted to the group and its members by national law, other than 
private consumers or retailers, who holds stocks of wine products with 
commercial purposes or is involved in their trade and possib ly also bottles 
them, except distilleries;  
(k) 'wine year' means the marketing year for the wine sector as referred to in 
Article 6(d) of Regulation (EU) No 1308/2013.  
2. For the purposes of Chapters IV to VIII of this Regulation, with the exception of 
Article  47, and Chapters IV to VII of Implementing Regulation (EU) …/…, 
'producer' means a natural or legal person or a group of such persons, whatever legal 
status is granted to the group and its members by national law, who processes 
himself fresh grapes, musts  or new wine still in fermentation into wine or must with 
commercial purposes, or has them processed on his behalf.  
3. For the purposes of Article 10(1), 'small producer' means a producer who processes 
on average less than 1000 hl of wine per wine year, ba sed on the average annual 
production over at least three consecutive wine years.  
Member States may decide that the definition of 'small producer' does not cover producers 
who buy fresh grapes, musts or new wine still in fermentation to process them into wi ne.  
   
EN 16   EN CHAPTER II  
SCHEME OF AUTHORISATIONS FOR VINE PLANTINGS  
Article 3  
Areas exempted from the scheme of authorisations for vine plantings  
1. The scheme of authorisations for vine plantings laid down in Chapter III of Title I of 
Part II of Regulation (EU ) No 1308/2013 shall not apply to the planting or replanting 
of areas referred to in Article 62(4) of that Regulation fulfilling the relevant 
conditions set out in paragraphs 2, 3 and 4 of this Article.  
2. The planting or replanting of areas intended for e xperimental purposes or for graft 
nurseries shall be subject to a prior notification to the competent authorities. The 
notification shall include all relevant information in respect of those areas and the 
period during which the experiment will take place or the period during which the 
graft nursery will be in production. Extensions of such periods shall also be notified 
to the competent authorities.  
Where no risks of market disturbance are considered to exist, Member States may 
decide that during the perio ds referred to in the first subparagraph the grapes 
produced in those areas and the wine products obtained from those grapes may be 
marketed. At the end of such periods, the producer shall either:  
(a) obtain an authorisation in accordance with Article 64 or 68 of Regulation (EU) 
No 1308/2013 for the area concerned, so that the grapes produced in that area 
and the wine products obtained from those grapes can be marketed; or  
(b) grub up such an area at his own cost in accordance with Article 71(1) of 
Regulat ion (EU) No 1308/2013.  
Any areas intended for experiments or graft nurseries planted before 1 January 2016 
following the granting of new planting rights shall continue to comply after that date 
with any conditions defined for the use of such rights until t he end of the period of 
the experiment or the period of production of the graft nursery for which they were 
granted. After the expiry of such periods, the rules laid down in the first and second 
subparagraphs shall apply.  
3. The planting or replanting of a reas whose wine or vine products are intended solely 
for the consumption by the wine grower's household shall be subject to the following 
conditions:  
(a) such area does not exceed 0,1 ha;  
(b) the wine grower concerned is not involved in commercial wine pro duction or 
in the commercial production of other wine products.  
For the purposes of this paragraph, Member States may consider certain 
organisations without a commercial activity as equivalent to the wine grower's 
household.  
Member States may decide that t he plantings referred to in the first subparagraph are 
subject to a notification.  
4. A producer having lost a certain area planted with vines due to compulsory purchases 
in the public interest under national law shall be entitled to plant a new area provid ed 
that such newly planted area does not exceed 105 % in terms of pure crop of the area 
lost. The newly planted area shall be registered in the vineyard register.   
EN 17   EN 5. The grubbing up of areas benefiting from the exemption referred to in paragraphs 2 
and 3 s hall not give rise to an authorisation to replant under Article 66 of Regulation 
(EU) No 1308/2013. However, such authorisation shall be granted in the event of 
grubbing up of areas newly planted under the exemption referred to in paragraph 4.  
Article 4  
Criteria for granting authorisations  
1. Where Member States apply the eligibility criterion laid down in Article 64(1)(c) of 
Regulation (EU) No 1308/2013, the rules set out in Section A of Annex I to this 
Regulation shall apply.  
Member States may also appl y the additional objective and non -discriminatory 
criterion that the application shall not pose a significant risk of misappropriation of 
the reputation of specific protected geographical indications, which shall be 
presumed unless the existence of such ri sk is demonstrated by the public authorities.  
The rules in relation to the application of this additional criterion are laid down in 
Section B of Annex I.  
2. Where Member States decide to apply one or more of the eligibility criteria referred 
to in Article  64(1)(a) to (c) of Regulation (EU) No 1308/2013 and the additional 
criterion referred to in paragraph 1 of this Article, in the granting of authorisations 
for new plantings, they may apply such criteria at national level or at a lower 
territorial level.  
3. Where Member States apply one or more of the priority criteria listed in Article 
64(2) of Regulation (EU) No 1308/2013, the rules laid down in Sections A to H of 
Annex II to this Regulation shall apply.  
Member States may also apply the additional objecti ve and non -discriminatory 
criteria of the prior behaviour of the producer and non -profit organisations with a 
social purpose that have received lands confiscated in cases of terrorism and other 
types of crime. The rules in relation to the application of th ese additional criteria are 
laid down in Section I of Annex II.  
4. Where Member States decide to apply one or more of the priority criteria referred to 
in Article 64(2)(a) to (h) of Regulation (EU) No 1308/2013 and the additional criteria 
provided for in p aragraph 3 of this Article, in the granting of authorisations for new 
plantings, they may apply such criteria uniformly at national level or with varying 
degrees of importance in different areas of the Member States.  
5. The use of one or more of the criter ia listed in Article 64(2) of Regulation (EU) No 
1308/2013 as eligibility criteria at one of the geographical levels mentioned in 
Article 63(2) shall be considered duly justified for the purposes of point (d) of 
paragraph 1 of Article 64 if the use aims at  addressing a specific problem affecting 
the wine growing sector at that specific geographic level which can only be 
addressed by such a restriction.  
6. Without prejudice to the rules laid down in Annexes I and II with regard to specific 
eligibility and pr iority criteria, Member States shall adopt additional measures, where 
necessary, to avoid that applicants of authorisations circumvent the eligibility and 
priority criteria included in those Annexes.   
EN 18   EN Article 5  
Authorisations for anticipated replanting  
Memb er States may make the granting of an authorisation to a producer undertaking to grub 
up an area planted with vines in accordance with Article 66(2) of Regulation (EU) No 
1308/2013 subject to the requirement to lodge a security.  
In any case, if the grubbin g up is not carried out by the producers by the end of the fourth year 
from the date on which new vines were planted, Article 71 of Regulation (EU) No 1308/2013 
shall apply in respect of the pledged area which has not been grubbed up.  
Article 6  
Replanting restrictions  
Member States may restrict the replantings on the basis of Article 66(3) of Regulation (EU) 
No 1308/2013, where the specific area to be replanted is located in an area for which the 
issuing of authorisations for new plantings is limited in acc ordance with Article 63(2)(b) of 
Regulation (EU) No 1308/2013 and provided that the decision is justified by the need to avoid 
a well -demonstrated risk of significant devaluation of a specific protected designation of 
origin ('PDO') or protected geographic al indication ('PGI').  
The risk of significant devaluation referred to in the first paragraph does not exist if:  
(a) the specific area to be replanted is located in the same PDO or PGI area as the area 
grubbed up and the replanting of vines complies with t he same PDO or PGI 
specification as the area grubbed up;  
(b) the replanting is aimed at the production of wines without a geographical indication 
provided that the applicant undertakes the same commitments as those laid down in 
point (2) of Sections A and B of Annex I to this Regulation in relation to new 
plantings.  
CHAPTER III  
VINEYARD REGISTER  
Article 7  
Minimum information contained in the vineyard register  
1. For the purposes of Article 145(1) of Regulation (EU) No 1308/2013, in Member 
States which imple ment the scheme of authorisations for vine plantings, the updated 
information contained in the vineyard register shall include at least the details and 
specifications set out in Annexes III and IV to this Regulation in relation to each 
wine grower.    
2. For the purposes of Article 145(3) of Regulation (EU) No 1308/2013, in Member 
States which do not implement the scheme of authorisations for vine plantings but 
which implement national support programmes for restructuring or conversion of 
vineyards, the up dated information contained in the vineyard register shall include at 
least the simplified details and specifications set out in Annex III to this Regulation.  
 
   
EN 19   EN CHAPTER IV  
ACCOMPANYING DOCUMENTS AND RULES FOR IMPORTS  
OF WINE PRODUCTS  
SECTION I  
ACCOMPAN YING DOCUMENTS FOR MONITORING AND CERTIFICATION  
OF WINE PRODUCTS  
Article 8  
General rules  
1. For the purposes of Article 147(1) of Regulation (EU) No 1308/2013, each transport 
operation of wine products carried out between wine growers, harvesters, produce rs, 
processors, bottlers or merchants, or from them to retailers, shall be covered by an 
accompanying document.  
The operators referred to in the first subparagraph shall be able to present the 
accompanying document to the competent authorities throughout t he transport 
operation.  
2. The accompanying document may only be used for a single consignment.  
3. Member States shall draw up and keep up -to-date a list of the operators referred to in 
this Article. Where such a list or register already exists for other purposes, it may 
also be used for the purposes of this Regulation.  
Article 9  
Exemptions  
1. By way of derogation from Article 8 , no accompanying document shall be required 
in the following cases:  
(a) wine products transported from the vineyard to the wine making premises, 
between two premises of the same undertaking or between the premises 
belonging to a group of producers, without change of the owner, provided that 
the transport is effected for the purpose of winemaking, processing, storage or 
bottling, th e total road distance does not exceed 70 km and the transport takes 
place exclusively within the territory of a single Member State or has been 
approved by the competent authorities of the Member States concerned;  
(b) grape marc and wine lees:  
(i) transported to a distillery or a vinegar production plant, where the 
product is accompanied by a delivery note of the producer under the 
conditions laid down by the competent authorities of the Member State 
where the transport begins, or  
(ii) where the tra nsport is effected for the purpose of withdrawing the 
product from the winemaking process or from any other processing of 
grapes under supervision by the competent authorities, as provided for in 
Articles 14(1)(b) and 18 of Implementing Regulation (EU) …./ …;  
EN 20   EN (c) grape juice and must falling within CN codes 2009 61 and 2009 69 delivered to 
operators not involved in winemaking, where the product is accompanied by a 
commercial document;  
(d) wine products produced and transported exclusively within the territo ry of 
Member States that are not subject to the obligation to maintain a vineyard 
register in accordance with Article 145(1) of Regulation (EU) No 1308/2013;  
(e) the following cases of wine products transported exclusively within the 
territory of a Member State in containers of a nominal volume of not more than 
60 litres:  
(i) wine products in labelled containers of a nominal volume of 10 litres or 
less fitted with a non -reusable closing device, where the total quantity 
does not exceed:  
– 5 litres or 5 kilogra ms in the case of concentrated grape must, 
whether or not rectified;  
– 100 litres for all other products;  
(ii) wine or grape juice intended for diplomatic representations, consulates 
and similar establishments, within the limits of the allowances granted 
them; 
(iii) wine or grape juice:  
– contained in private household removals, and not intended for sale;  
– on board ships, airplanes or trains to be consumed there;  
(iv) wine, partially fermented wine and grape must transported by private 
individuals and intended f or the personal consumption of the consignee 
or the consignee’s family, where the quantity transported does not exceed 
30 litres;  
(v) any product intended for scientific or technical experiments, where the 
total quantity transported does not exceed one hec tolitre;  
(iv) commercial samples;  
(vii) samples for a competent authority or designated laboratory.  
2. Where an accompanying document is not required, consignors shall be able at any 
time to prove the accuracy of all the information recorded their inward a nd outward 
register provided for in Chapter V or other registers required by the Member State 
where the transport operation begun.  
Article 10  
Recognised accompanying documents  
1. Competent authorities shall recognise the following documents as accompanyin g 
documents, provided that they comply with the conditions laid down in paragraphs 2  
to 5 and in Annex V:  
(a) for the wine products dispatched within a Member State or among Member 
States, without prejudice to point (b) of this subparagraph:  
(i) one of the do cuments referred to in Article 21(6) or Article 26(1)(a) of 
Directive 2008/118/EC for products transported under duty suspension  
EN 21   EN arrangements within the Union, provided that it states in a clearly 
identifiable manner the unique administrative reference cod e referred to 
in Article 21(3) of that Directive ('ARC number'), it is drawn up in 
accordance with Commission Regulation (EC) No 684/200914 and, where 
the document referred to in Article 26(1)(a) of Directive 2008/118/EC is 
used, the consignor complies with  that paragraph 1;  
(ii) for excise goods transported within the Union, after release for 
consumption in the Member State where the transport operation began, 
the simplified accompanying document referred to in Article 34(1) of 
Directive 2008/118/EC, drawn up and used in accordance with 
Commission Regulation (EEC) No 3649/9215; 
(iii)  for wine products subject to excise duty dispatched by small producers 
pursuant to Article 40 of Directive 2008/118/EC and for wine products 
not subject to excise duty, one of the following documents, drawn up 
under the conditions laid down by the Member S tate of dispatch:  
— where the Member State uses an information system, a printed copy of 
the electronic administrative document thus established or any 
commercial document stating, in a clearly identifiable manner, the 
specific administrative code (‘MVV c ode’) assigned to the electronic 
administrative document by that system, provided that the document is 
established in compliance with the applicable national rules;  
— where the Member State does not use an information system, an 
administrative document or  a commercial document bearing the MVV 
code assigned by the competent authority , provided that the document 
and a copy thereof are validated in accordance with paragraph 3 of this 
Article;  
(b) for wine products dispatched to a third country or to a territory r eferred to in 
Article 5(2) and (3) of Directive 2008/118/EC, one of the documents referred 
to in point (a)(i) or (iii).  
The documents referred to in the second indent of point (a)(iii) of the first 
subparagraph may be used only until 30 June 2020.  
2. The d ocuments referred to in point (a) of the first subparagraph of paragraph 1 shall 
include the information indicated in Section A of Annex V, or allow the competent 
authorities to have access to that information.  
Where those documents bear an ARC number assi gned by the computerised system 
referred to in Article 21(2) of Directive 2008/118/EC or a MVV code assigned by the 
information system set up by the Member State of dispatch as referred to in the first 
indent of point (a)(iii) of the first subparagraph of paragraph 1, the information 
referred to in Section A of Annex V to this Regulation shall be held in the system 
used.  
                                                 
14 Commission Re gulation (EC) No 684/2009 of 24 July 2009 implementing Council Directive 
2008/118/EC as regards the computerised procedures for the movement of excise goods under 
suspension of excise duty (OJ L 197, 29.7.2009, p. 24).  
15 Commission Regulation (EEC) No 3649 /92 of 17 December 1992 on a simplified accompanying 
document for the intra -Community movement of products subject to excise duty which have been 
released for consumption in the Member State of dispatch (OJ L 369, 18.12.1992, p. 17).   
EN 22   EN 3. The documents referred to in the second indent of point (a)(iii) of the first 
subparagraph of paragraph 1 and a copy thereof shall be v alidated prior to dispatch:  
(a) by the date, the signature of an official of the competent authority and the 
stamp affixed by that official; or  
(b) by the date, the signature of the consignor and the affixing by the consignor, as 
appropriate:  
(i) of a spec ial stamp in accordance with the model referred to in Section C 
of Annex V;  
(ii) of a stamp prescribed by the competent authorities, or  
(iii) of a mark of a stamping machine approved by the competent authorities.  
The special stamp or the prescribed stamp r eferred to in point (b) may be pre -printed 
on the forms where printing is carried out by a printer approved for that purpose.  
4. In the case of wine products imported from a third country, the documents referred to 
in point (a) of the first subparagraph of  paragraph 1 shall make reference to the 
certificate drawn up in the country of origin in accordance with Article 20.  
5. By way of derogation from paragraph 1, Member States may recognise other 
documents as accompanying documents, including documents produ ced using a 
computerised procedure intended to simplify the procedure with regard to the 
transport of wine products carried out exclusively on their territory and when directly 
exported from their territory.    
Article 11  
Certification of the origin or prov enance, characteristics, vintage or wine grape variety 
and PDO or PGI  
1. The documents referred to in point (a)(i) and (iii) of the first subparagraph of Article 
10(1) shall be regarded as certifying the origin or provenance, quality and 
characteristics of  the wine product, the vintage year or the grape variety or varieties 
from which it is produced and, where applicable, the PDO or PGI. To this effect, the 
consignor or an authorised person acting on behalf of the consignor shall fill in in 
box 17l of those  documents the relevant information set out in Part I of Annex VI.  
2. The consignor shall certify the accuracy of the information required pursuant to 
paragraph 1 on the basis of the inward and outward register to be kept in accordance 
with Chapter V or the certified information in the documents accompanying the 
previous con signments of the product in question and official conformity checks 
carried out by the competent authorities in accordance with Chapter VII.  
3. Where, in respect of wine products produced in their territory, Member States require 
a PDO or PGI certificate to be drawn up by a control body designated for that 
purpose, the accompanying document shall include a reference to that certificate, the 
name and, where applicable, the electronic address of the control body.  
Article 12  
Certification of exported wine pro ducts  
1. Whenever the competent authorities of the third country of destination require a 
certification as referred to in Article 11 for wine products dispatched to that third 
country, that certification shall take one of the following forms:   
EN 23   EN (a) the elect ronic administrative document or any other commercial document 
used in accordance with Article 21(6) of Directive 2008/118/EC or a document 
as referred to in Article 10(1)(a)(iii) of this Regulation, provided that the 
consignor or an authorised person acti ng on behalf of the consignor indicates 
the relevant information set out in Part I of Annex VI to this Regulation;  
(b) a specific certificate for export drawn up on the basis of the template provided 
for and the requirements set out in Part II of Annex VI  to this Regulation.  
2. The certificate referred to in point (b) of paragraph 1 shall be deemed to be authentic 
when validated by the date and the signature of the consignor or an authorised person 
acting on behalf of the consignor and when the ARC number or MVV code assigned 
by the competent authority to the accompanying document has been indicated by the 
consignor on the certificate as administrative reference.  
3. Article 11(2) and (3) shall apply mutatis mutandis to the certification referred to in 
paragraph 1.  
Article 13  
Docu ments used as proof of export  
1. Where the wine products circulate under cover of a document referred to in point 
(a)(i) of the first subparagraph of Article 10(1), proof of exit from the customs 
territory of the Union shall be constituted by the report of  export referred to in 
Article 28 of Directive 2008/118/EC, drawn up by the customs office of export in 
accordance with Article 334 of Commission Implementing Regulation (EU) 
2015/244716. 
2. Where the wine products circulate under cover of a document referr ed to in point 
(a)(iii) of the first subparagraph of Article 10(1), proof of exit from the customs 
territory of the Union shall be established in accordance with Article 334 of 
Implementing Regulation (EU) 2015/2447. In that case, the consignor or an 
autho rised person acting on behalf of the consignor shall record the reference of the 
export accompanying document (EAD) referred to in Article 331 of that Regulation 
and issued by the customs office of export on the accompanying document, using 
one of the indi cations set out in Section D of Annex V to this Regulation.  
3. Wine products which are temporarily exported under the outward processing 
arrangements provided for in Article 210(d) of Regulation (EU) No 952/2013  in 
accordance with Chapters I and V of Tit le VII of Commission Delegated Regulation 
(EU) 2015/244617 and Chapter I of Title VII of Implementing Regulation (EU) 
2015/2447 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. That sheet shall show in the boxes reserved for the description of 
the product, the description in accordance with Union and national rules and the 
quantities of wine carried.  
                                                 
16 Commission Implement ing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed 
rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament 
and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558).  
17 Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) 
No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain 
provisions of the Union Customs Code (OJ L 343, 29.12.201 5, p. 1).   
EN 24   EN That 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 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 Union, 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 U nion 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 Union shall stamp a copy or photocopy of the 
document provid ed by the consignee or his representative and return it to him for the 
purposes of this Regulation.  
Article 14  
Consignment of unpackaged wine products  
1. Where the computerised system or information system referred to in the first indent 
of point (a)(iii) of the first subparagraph of Article 10(1) or in Article 10(5)  is not 
used or where this system does not allow the competent authority at the place of 
unloading to be informed, the consignor of a consignment of unpackaged wine 
products shall forward, at th e latest on the departure of the means of transport, a copy 
of the accompanying document to the competent authority in the territory of which 
the place of loading is situated, in respect of the following products:  
(a) products originating in the Union, of  a quantity of more than 60 litres:  
(i) wine intended for processing into wines with a PDO or PGI, a varietal or 
vintage year wine, or intended for packaging to be marketed as such;  
(ii) partially fermented grape must;  
(iii) concentrated grape must, whethe r or not rectified;  
(iv) fresh grape must with fermentation arrested by the addition of alcohol;  
(v) grape juice;  
(vi) concentrated grape juice;  
(b) products not originating in the Union, of a quantity of more than 60 litres:  
(i) fresh grapes, excluding ta ble grapes;  
(ii) grape must;  
(iii) concentrated grape must, whether or not rectified;  
(iv) partially fermented grape must;  
(v) fresh grape must with fermentation arrested by the addition of alcohol;  
(vi) grape juice;  
(vii) concentrated grape juice;   
EN 25   EN (viii)  liqueur wine for the preparation of products not falling within CN code 
2204;  
(c) products, irrespective of their origin and the quantity transported, without 
prejudice to the exemptions referred to in Article 9:  
(i) wine lees;  
(ii) grape marc intended for  distillation or another form of industrial 
processing:  
(iii) piquette;  
(iv) wine fortified for distillation;  
(v) wine from grapes of varieties not listed as wine -grape varieties in the 
classification drawn up by the Member States under Article 81 of 
Regul ation (EU) No 1308/2013 for the administrative unit in which they 
were harvested;  
(vi) products that may not be offered or supplied for direct human 
consumption.  
The competent authority in the territory of which the place of loading is situated shall 
infor m the competent authority in the territory of which the place of unloading is 
situated that the transport has begun.  
2. By way of derogation from paragraph 1, Member States may fix different periods for 
forwarding a copy of the accompanying document with r espect to consignments of 
wine products that are transported exclusively within their territory.  
Article 15  
Consignments of third country products or of Union products  
initially exported to a third country  
1. For the transport within the customs territory  of the Union of a consignment of third 
country products released into free circulation, the accompanying document shall be 
based on the VI -1 document referred to in Article 20 or an equivalent document as 
referred to in Article 26 or 27 and shall include the following information or allow 
the competent authorities to have access to this information:  
(a) the number of the VI -1 document or the reference to one of the documents 
referred in Articles 26 and 27;  
(b) the name and address of the body of the third country which completed the 
document referred to in point (a) or authorised its completion by a producer;  
(c) the date on which the document referred to in point (a) was completed.  
The operator shall be able to present the VI -1 document, an equivalent docu ment as 
referred to in Article 26 or 27 or the VI -2 extract referred to in Article 22 whenever 
requested by the competent authorities of the Member States.  
2. For the transport within the customs territory of the Union of a consignment of wine 
products ori ginating within the Union, initially exported to a third country or a 
territory referred to in Article 5(2) and (3) of Directive 2008/118/EC, the 
accompanying document shall include the following information or allow the 
competent authorities to have acces s to this information:   
EN 26   EN (a) the reference to the accompanying document referred to in point (b) of the first 
subparagraph of Article 10(1) of this Regulation, drawn up for the initial 
dispatch, or  
(b) the references to the other supporting documents produce d by the importer 
evidencing the origin of the product and deemed satisfactory by the competent 
authority when released for circulation in the Union.  
3. Where the computerised system referred to in Article 21(2) of Directive 
2008/118/EC or an information s ystem set up by the Member State of dispatch is 
used, the information indicated in paragraphs 1 and 2 of this Article shall be held in 
the system used.  
Article 16  
Refusal by the consignee  
Where all or part of a product transported under cover of an accompanying document is 
refused by the consignee, the latter shall write the words ‘refused by the consignee' on the 
back of the document, together with the date and the consignee’s signature, plus, where 
appropriate, an indication of the quantity refused , in litres or kilograms.  
In that case the product may be returned to the consignor under cover of the same 
accompanying document or may be kept on the premises of the carrier until a new document 
is completed to accompany the product when it is re -dispatc hed. 
Article 17  
Validation of the accompanying document in case of  
a serious infringement or non -compliance  
1. Where a competent authority finds, or has a justified reason for suspecting, that a 
consignor transports or has transported a wine product which  does not comply with 
the Union provisions, or national provisions adopted pursuant thereto, as regards its 
production conditions or its composition or a wine product in relation to which a 
serious infringement relating to the accompanying documents has be en committed, it 
may require the consignor to complete a new accompanying document for that wine 
product and get it validated by the competent authority.  
Validation, when granted, may be linked to conditions on the future use of the 
product or a ban on mar keting the product. It shall comprise the stamp, the signature 
of an official of the competent authority and the date.  
2. The authority referred in paragraph 1 shall inform the authority with territorial 
responsibility for the place of loading. In the case  of transport within the Union, 
mutual assistance or notification of suspicion of non -compliance under Articles 43 
and 45 shall apply.  
Article 18  
Measures in case of infringements relating to the accompanying documents  
other than serious infringements  
1. Where a competent authority finds that a consignment requiring an accompanying 
document is being transported without such a document or under cover of a 
document containing erroneous or incomplete particulars, it shall take the measures  
EN 27   EN necessary to regul arise such transport, either by correcting any material errors or by 
completing a new document.  
The authority referred to in the first subparagraph shall stamp the 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 repeated irregularities by the same consignor, the authority referred to 
in the first subparagraph of paragraph 1 shall inform the authority with territor ial 
responsibility for the place of loading. In the case of transport within the Union, 
mutual assistance or notification  of suspicion of non -compliance under Articles 43 
and 45 shall apply.  
2. Where it is impossible to regularise transport operations pur suant to the first 
subparagraph of paragraph 1, the authority referred to in that subparagraph shall hold 
up the transport. It shall inform the consignor that the transport is being held up and 
of the measures taken as a consequence. Those measures may inc lude a ban on 
marketing the product.  
Article 19  
Force majeure or unforeseen incidents  
If during transport, by reason of force majeure  or some unforeseen incident, a consignment 
for which an accompanying document is required must be split up or is wholly or  partially 
lost, the carrier shall request the competent authority nearest to the place where the incident or 
the case of force majeure  took place to make a statement of the facts and to enable it to take 
the necessary steps to regularise the transport ope ration in question.  
SECTION II  
ACCOMPANYING DOCUMENTS FOR  
RELEASE OF IMPORTED WINE PRODUCTS INTO FREE CIRCULATION  
Article 20  
Certification of compliance of imported wine products  
1. The accompanying document for the import of wine products shall comprise the 
certificate and the analysis report referred to in Article 90(3)(a) and (b) of Regulation 
(EU) No 1308/2013, respectively, and shall constitute a single document, hereinafter 
referred to as 'VI -1 document'. However, the analysis report section of the VI -1 
document does not need to be completed where the products are not intended for 
direct human consumption.  
The competent bodies and designated bodies or departments referred to in Article 
90(a) and (b) of Regulation (EU) No 1308/2013 shall be those referred to in Article 
51(1)(a) and (b) of this Regulation in respect of the third countries concerned.  
2. The VI -1 document shall be drawn up and used in accordance with Articles 22 to 2 5 
and shall be regarded as certifying that the imported product:  
(a) has the characteristics of a wine product in accordance with Union law or in 
compliance with a bilateral agreement in force between the Union and a third 
country;  
(b) was made from grapes  of a specific vintage year or has been produced from the 
wine grape variety or varieties designated;   
EN 28   EN (c) where applicable, complies with the specifications of the geographical 
indication in conformity with either the Agreement on trade -related intellectua l 
property rights of the World Trade Organization  (‘TRIPS Agreement’), Union 
legislation on geographical indications or an agreement on recognition and 
protection of geographical indications between the Union and the third country 
from which the wine orig inates.  
Article 21  
Exemptions  
By way of derogation from Article 90(3) of Regulation (EU) No 1308/2013, the following 
exemptions shall apply:  
(a) no VI-1 document  need s to be presented  for: 
(i) products in labelled containers of a nominal volume of 10 litres or less 
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 ; 
(ii) wine and grape juice forming part of the personal property of private 
individuals transferring their normal place of residence from a third 
country to the U nion within the meaning of Article  3 of Regulation (EC) 
No 1186/2009 ; 
(iii) wine sent in consignments from one private individual to another, within 
the meaning of Article  25 of Regu lation (EC) No 1186/2009 up to a 
maximum of 30 litres per consignment;  
(iv) wine, grape must and grape juice contained in the personal luggage of 
travellers within the meaning of Article  41 of Regulation (EC) No 
1186/2009 up to a maximum of 30 litres per traveller;  
(v) wine and grape juice for trade fairs as defined in Article  90 of Regulation 
(EC) No 1186/2009 , provided that the products in question are put up in 
labelled containers of not more than two litres fitted with a non -reusable 
closing device;  
(vi) quantities of wine, grape must and grape juice in  containers  other than 
those referred to in point (v) , imported for the purpose of scientific and 
technical experiments up to a maximum of 100 litres;  
(vii) wines and grape juice imported in accordance w ith the provisions of the 
Vienna Convention on diplomatic relations of 18 April 1961, the Vienna 
Convention on consular relations of 24 April 1963 or other consular 
conventions, or the New York Convention of 16 December 1969 on 
special missions;  
(viii) wines and grape juice held in stores on board of  ships  and airplanes  
operating in international transport;  
(ix) wines and grape juice originating and bottled in the Union , exported to a 
third country and returned to the customs territory of the U nion and 
released for free circulation ; 
(b) 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  
EN 29   EN originates in a country which has offered special guarantees accept ed by the 
Union, as listed in Section A of Part IV of Annex VII, the analysis report 
section of the VI -1 document needs to be completed only in respect of:  
(i) the actual alcoholic strength by volume;  
(ii) the total acidity;  
(iii) the total sulphur dioxide  content.  
Article 22  
Rules for drawing up the VI-1 document and the VI -2 extract  
1. The VI-1 document shall be drawn up on a form corresponding to the specimen 
shown in Part I of Annex VII in accordance with the technical rules set out in that 
Annex . 
It sh all be signed by an offic ial of a competent body and by an official of a 
designated body or department  included in the list provided for in  Article 51(1).  
The original and a copy of the VI -1 document shall accompany the product.  
An extract, hereinafter ref erred to as 'VI -2 extract', may be drawn up in accordance 
with the specimen shown in Part II of Annex VII, containing the data appearing on 
the VI -1 document or, in case a VI -2 extract was presented, on that  VI -2 extract, and 
stamped by a Union customs of fice. The original and a copy of the VI -2 extract shall 
accompany the product.  
2. VI-1 documents and VI -2 extracts shall bear a serial number assigned, in the case of 
VI-1 documents, by the competent body whose official signs the document and, in 
the case of VI -2 extracts, by the customs office which stamps them.  
Article 23  
Use of VI -1 document and VI -2 extracts  
The original and the copy of the VI -1 document or the original and a copy of the VI -2 extract 
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 as follows:  
(a) the customs authorities shall endorse the back of both the  original and the copy of the 
VI-1 document or of the VI -2 extract, return the original of the VI -1 document or of 
the VI -2 extract to the person concerned and keep the copy of the VI -1 document or 
of the VI -2 extract for at least five years;  
(b) where a consignment is to be reconsigned before entry into free circulation, the new 
consignor shall give the customs authorities supervising the consignment the VI -1 
document and the VI -2 extract relating to that consignment or, where that 
consignment is covered by a VI -2 extract completed previously and a VI -2 extract 
completed consecutively, those two VI -2 extracts.  
In case a VI -2 extract is given together with the VI -1 document,  the customs 
authorities shall verify that the particulars entered on the VI -1 docum ent correspond 
to those entered on the VI -2 extract. In case a VI -2 extract completed consecutively 
is given together with a VI -2 extract completed previously, the customs authorities 
shall verify that the particulars entered on that VI -2 extract completed  previously 
correspond to those entered on the VI -2 extract completed consecutively and shall  
EN 30   EN stamp the latter, which shall then be equivalent to the VI -2 extract completed 
previously.  
The customs authorities shall endorse the back of both the original and  the copy of 
the VI -1 document or of the VI -2 extract completed previously.  
The customs authorities shall return the original of the VI -1 document and of any VI -
2 extract to the new consignor and shall keep the copies for at least five years.  
However, a V I-2 extract does not need to be completed where a consignment of a 
product is re -exported to a third country;  
(c) where a consignment is split before it enters into free circulation, the person 
concerned shall give the original and the copy of the VI -1 doc ument or of the VI -2 
extract completed previously relating to the consignment to be split to the customs 
authorities supervising that consignment, together with the original of the VI -2 
extract completed consecutively for each new consignment and two copie s of them.  
The customs authorities shall verify that the particulars entered on the VI -1 
document or on the VI -2 extract completed previously correspond to those on the VI -
2 extract completed consecutively for each new consignment. If they correspond, the 
customs authorities shall stamp the latter, which shall then be equivalent to the VI -2 
extract completed previously, and endorse the back of both the original and the copy 
of the VI -1 document or of the VI -2 extract completed previously. They shall return 
the original of the VI -2 extract completed consecutively together with the original of 
the VI -1 document or of the VI -2 extract completed previously to the person 
concerned and keep a copy of each of those documents for at least five years.  
Article 24  
Use of VI -1 document in case of i ndirect imports  
In cases where a wine has been exported from the third country in the territory of which it was 
produced (hereinafter referred to as 'the country of origin ') to another third country 
(hereinafter referred to as 'the exporting country ') before being exported to the U nion, the VI -
1 document for the wine concerned shall be deemed to be valid for import into the Union if it 
has been drawn up by  the competent bodies of the exporting country , without further analyses 
on that wine, on the basis of a VI -1 document or equivalent drawn up by the competent  bodies  
of the country of origin , provided  that the wine:  
(a) has been bottled and labelled in the country of origin and remains so; or  
(b) is exported in bulk from the cou ntry of origin and bottled and labelled in the 
exporting country without any further processing.  
The VI-1 document of the exporting country shall bear the certification by the  competent  
body  of that country 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 VI -1 document or equivalent of the country of origin 
shall be attached to the VI -1 document of the exporting country.  
The competent bodies of  the third countries for the purposes of this Article shall be those 
included in the list provided for in Article 51(1).  
Article 25  
Special rules on certification for particular wines   
EN 31   EN 1. In the case of liqueur wines and wines fortified for distillation, the VI -1 documents 
shall be recognised as valid only where  a competent body included in de list 
provided for in Article 51(1) has entered the following in box 14:  
'the alcohol added to this wine is certified as being wine alcohol ' 
2. The VI -1 document may be used as certifying that an imported wine bears a 
geographical indication in conformity with either the TRIPS A greement, Union  
legislation on geographical indications or an agreement on recognition and protection 
of geographical indications between the Union 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 sho wn in box 6 in 
accordance with the provisions of the country of origin '. 
3. The certification in box 14 referred to in paragraphs 1 and 2 shall be accompanied by 
the following information:  
(a) the full name and address of the issuing  competent body ; 
(b) the signature of an official of the  competent body ; 
(c) the competent body's  stamp.  
Article 26  
Simplified procedure  
1. VI-1 documents drawn up  by wine producers in the third countries that have offered 
special guarantees accepted by the Union, as  listed in Section B of Part IV of Annex 
VII, shall be considered as VI-1 documents  drawn up by  competent bodies  and 
designated bodies or departments  included in the list provided for in Article 51(1) in 
respect of the third countries concerned, provided t hat the producers have received 
individual  authorisation  from the competent  bodies  of those third countries and are 
subject to inspection by the latter.  
2. Authorised  producers as referred to in paragraph 1 shall use and complete VI-1 
documents,  entering i n particular : 
(a) in box 1, their names and addresses and their registration numbers in the third 
countries listed in Section B of Part IV of Annex VII ; 
(b) in box 9 , the name and address of the competent body  of the third country 
which  authorised  them ; 
(c) in box 10, at least the particulars provided for in Article 21(b).  
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 a designated body o r department  shall be 
required.   
Article 27  
Electronic document   
1. The VI-1 document may be replaced by an electronic document for the import into 
the Union  of wine products from third countries which have in place a system of  
EN 32   EN checks  accepted by the Union , in accordance with the second subparagraph , as 
equivalent to that set up for the same products under  Union legislation.  
A system of checks in a third country may be accepted as equivalent to that set up for 
the same products by the Union if it fulfils at  least the following conditions:  
(a) it offers sufficient guarantees as to the nature, the origin and the traceability of 
the wine products produced or traded on the territory of the third country 
concerned;  
(b) it guarantees access to the data held in the  electronic system used with regard 
to the registration and the identification of operators, competent  bodies and 
designated bodies or departments ; 
(c) it guarantees the possibility to check the data referred to in point ( b) within the 
framework of a mutua l administrative cooperation.  
Third countries having in place a system of checks  accepted by the Union as 
equivalent in accordance with the second subparagraph shall be included in the list 
set out in  Section C of Part IV of Annex VII . 
2. The electronic do cument provided for in paragraph 1 shall contain at least the 
information necessary for drawing up  the VI -1 document  and a unique administrative 
reference code assigned by or under the control of the competent bodies  of the third 
country of export. Th at code shall be  indicated  on the commercial documents 
required for the import into the customs territory of the Union . 
3. Access to the electronic document or to the data necessary for its establishment shall 
be given  by the third country of export at any requ est of the competent authorities of 
the Member State where the goods are to be released into free circulation. Where 
access to the relevant electronic systems is not available, such data may also be 
requested in the form of a paper document.  
4. The VI -2 extracts referred to in Article 22(1) may also 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 VI -2 extract shall be 
identical to the on e on paper.  
CHAPTER V  
INWARD AND OUTWARD REGISTER  
Article 28  
Keeping of the inward and outward register  
1. By way of derogation from Article 147(2) of Regulation (EU) No 1308/2013 and 
provided that the entries, withdrawals and stocks can be checked at any time on the 
basis of commercial documents used for financial accounts, the inward and outward 
register, in this Chapter referred to as 'the register', need not be kept by:  
(a) operators who hold stocks of or offer for sale solely wine products in labelled 
containers of a nominal volume of 10 litres or less fitted with a non -reusable 
closing device, where the t otal quantity does not exceed 5 litres or 5 kilograms 
in the case of concentrated grape must, whether or not rectified, and 100 litres 
for all other products;  
(b) operators selling drinks for consumption only on the premises.   
EN 33   EN 2. Member States may require merchants who do not hold stocks to keep the register 
and, in that case, may establish the rules and procedures.  
3. Member States shall draw up and keep up -to-date a list of operators obliged to keep 
the register. Where such a list, or a register, already exists for other purposes, it may 
also be used for the purposes of this Regulation.  
4. The register shall be kept individually for each undertaking.  
Where retail stores which sell directly to the end user form part of one and the same 
undertaking and are s upplied by one or more central warehouses belonging to that 
undertaking, each such central warehouses shall, without prejudice to point (a) of 
paragraph 1, keep the register as regards the products it supplies. Deliveries to the 
retail stores shall be reco rded in the register as withdrawals.  
5. The register shall be kept 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 th e basis of other supporting 
documents, the competent authorities may grant authorisation:  
(a) where products are held in various stores belonging to the same undertaking in 
the same local administrative unit or in such a unit in the immediate vicinity, 
for the register to be kept at the registered place of business of the undertaking;  
(b) for the register to be kept by a specialist firm.  
Article 29  
Operations to be recorded in the register  
1. Operators required to keep the register shall indicate the oenol ogical practices, 
processing and treatments implemented by them, in accordance with requirements 
and oenological practices referred to in Article 78(2) and Article 80 of Regulation 
(EU) No 1308/2013 and Annexes I A and I D to Regulation (EC) No 606/2009 , as 
well as the experimental use of new oenological practices, including an appropriate 
reference to the authorisation given by the Member State concerned in accordance 
with Article 4 of Regulation (EC) No 606/2009 .  
2. Where implemented, the operations conc erning the following treatments shall be 
recorded in the register in accordance with Articles 16 and 17  of Implementing 
Regulation (EU) …./…, including, if provided for by Member States, appropriate 
references to notifications made to the competent author ities in accordance with 
Article 30(2):  
(a) correction of the alcoholic strength of wine (Point 40 and Appendix 10 of 
Annex I A to Regulation (EC) No 606/2009) and reduction in sugar content of 
musts through membrane coupling (Point 49 and Appendix 16 of A nnex I A to 
Regulation (EC) No 606/2009);  
(b) enrichment and sweetening (Parts I A and B of Annex VIII to Regulation (EU) 
No.1308/2013; Articles 11 and 12  and Annexes I D and II to Regulation (EC) 
No 606/2009);  
(c) acidification and de -acidification (Par ts I C and D of Annex VIII to Regulation 
(EU) No 1308/2013; Article 13 and Points 12, 13, 46, 48 and 50 of Annex I A 
to Regulation (EC) No 606/2009);   
EN 34   EN (d) treatment with charcoal for oenological use (Point 9 of Annex I A to 
Regulation (EC) No 606/2009);  
(e) treatment with potassium ferrocyanide (Point 26 of Annex I A to Regulation 
(EC) No 606/2009);  
(f) treatment by electrodialysis or by cation exchanger to ensure the tartaric 
stabilisation of the wine or acidification by cation exchanger treatment (Points 
20, 36 and 43 of Annex I A to Regulation (EC) No 606/2009);  
(g) addition of dimethyldicarbonate (DMDC) to wine (Point 34 of Annex I A to 
Regulation (EC) No 606/2009);  
(h) use of oak chips in winemaking (Points 38 and Appendix 9 of Annex I A to 
Regulation (E C) No 606/2009);  
(i) experimental use of new oenological practices (Article 4 of Regulation (EC) 
No 606/2009);  
(j) the management of dissolved gas in wine using membrane contactors (Point 52 
of Annex I A of Regulation (EC) No 606/2009);  
(k) treatment using  a membrane technology coupled with activated carbon (Point 
53 of Annex I A to Regulation (EC) No 606/2009);  
(l) use of polyvinylimidazole -polyvinylpyrrolidone copolymers (Point 54 of 
Annex I A to Regulation No 606/2009);  
(m) use of silver chloride (Point 55 of Annex I A to Regulation (EC) No  606/2009).  
3. Where implemented, the following specific operations shall be recorded in the 
register:  
(a) blending and coupage, as provided for in Articles 7 and 8 of Regulation (EC) 
No 606/2009;  
(b) bottling;  
(c) production of all categories of sparkling wine, semi -sparkling wine and aerated 
semi -sparkling wine;  
(d) production of liqueur wine;  
(e) production of concentrated grape must, whether or not rectified;  
(f) production of fortifying wine for distillation;  
(g) processing into a product of any other products, such as aromatised wine.  
In the case of bottling, the number of bottles filled and their content shall be 
specified.  
Article 30  
National rules  
1.  Member States may adopt complementary rules on registration pa rticulars 
concerning:  
(a) products in labelled containers of a nominal volume of 10 litres or less fitted 
with a non -reusable closing device as referred to in Article 28(1)(a), to be 
released to the market on their territory;   
EN 35   EN (b) certain categories of prod ucts referred to in Article 14(1)(a) of Implementing 
Regulation (EU) No …./…;  
(c) certain operations referred to in Article 29.  
Member States may provide for the obligation to keep separate accounts or adapt the 
existing register.  
2. Without prejudice to  the obligation to register the particulars relating to each 
operation of correction of the alcoholic strength, enrichment, acidification and de -
acidification referred to in points (a), (b) and (c) of Article 29(2), Member States 
may require operators carr ying out the operations concerned on their territory to 
notify within a certain time limit their competent authorities or bodies of such 
operations after or, in the case of enrichment operations, before they are carried out.  
The notification referred to in  the first subparagraph shall not be required for wine 
products subject to systematic analytical checks of all batches of products by the 
competent inspection authorities of the Member States . 
 
   
EN 36   EN CHAPTER VI  
DECLARATIONS  
Article 31  
Production declarations  
1. Producers established in a Member State which is obliged to maintain an updated 
vineyard register in accordance with Article 145(1) of Regulation (EU) No 
1308/2013 shall submit each year a production declaration to the competent 
authorities of that Memb er State in relation to their production in the respective wine 
year in that Member State.  
Member States which have established an annually updated vineyard register with 
which a link can be established between declarants, declared production and the 
vineyard parcels concerned, may exempt producers from the obligation to declare the 
information referred to in Article 22(2)(e) of Implementing Regulation (EU) …./…. 
In such cases the competent authorities of the Member States shall themselves 
complete the dec larations by indicating the area on the basis of the data in the 
vineyard register.  
2. Harvesters belonging to or associated with one or several cooperative wineries or 
groups of producers and having delivered their whole production of grapes or must to 
those cooperative wineries or groups,  while reserving the right to obtain by 
winemaking a quantity of less than 10 hectolitres for their family consumption, shall 
be exempted from the obligation to submit a production declaration , provided that 
those coopera tive wineries or groups are required to submit a production declaration.  
3. Member States which are not obliged to maintain an updated vineyard register in 
accordance with Article 145(1) of Regulation (EU) No 1308/2013 may require 
producers established in their territory to submit the production declaration referred 
to in paragraph 1.  
In that case, paragraph 2 shall apply mutatis mutandis . 
Article 32  
Stock declarations  
1. Producers, processors, bottlers and merchants who hold stocks in a Member State 
which  is obliged to maintain an updated vineyard register in accordance with Article 
145(1) of Regulation (EU) No 1308/2013 shall submit each year a stock declaration 
of wine and must which they hold at 31 July to the competent authority of that 
Member State.  
2. Member States which are not obliged to maintain an updated vineyard register in 
accordance with Article 145(1) of Regulation (EU) No 1308/2013 may require 
producers, processors, bottlers and merchants established in their territory to submit 
the stock de claration referred to in paragraph 1.  
Article 33  
Harvest declarations  
Member States may require all harvesters or, on the basis of objective and non -discriminatory 
criteria, some of them, to submit a harvest declaration to the competent authorities in resp ect 
of the wine year in which the harvest was carried out.   
EN 37   EN Article 34  
Treatment or marketing declarations  
1. Member States may provide that harvesters, producers and merchants of grapes, 
grape juice and must who, before the dates for the submission of the production and 
harvest declarations as specified in Articles 22 and 24 of Implementing Regulation 
(EU) …./..., have treated or marketed wine products intended for the production of 
wine have to submit a treatment or marketing declaration to the competent 
authorities in respect of the wine year in which the treatment or marketing took 
place.   
2. Where Member States require harvesters to submit a treatment or marketing 
declaration pursuant to paragraph 1, harvesters belonging to or associated with one or 
several cooperative wineries or groups of producers and having delivered their whole 
production of grapes or must to those wineries or groups of producers while 
reserving the right to obtain by winemaking a quantity of less than 10 hectolitres for 
their famil y consumption, shall be exempted from the obligation to submit such a 
declaration, provided that those cooperative wineries or groups are required to 
submit a treatment or marketing declaration pursuant to paragraph 1.  
Article 35  
Common  provisions  
Member S tates may require more comprehensive information with regard to the vineyard 
register or production or stock declarations.  
Member States may exempt any operator from the obligation to submit the declarations 
provided for in Articles 31 and 32 relating to w ine years in which no production was made or 
no stock was left.  
CHAPTER VII  
CHECKS, COMPETENT AUTHORITIES, MUTUAL ASSISTANCE  
AND PENALTIES  
SECTION I  
CHECKS, COMPETENT AUTHORITIES, LIAISON BODIES  
AND MUTUAL ASSISTANCE  
Article 36  
General principles  
1. Member States shall provide for checks in so far as they are necessary to ensure the 
proper application of the rules for the scheme of authorisations for vine plantings, 
vineyard register, accompanying documents and certification, imports of wine, 
inward a nd outward register and compulsory declarations laid down for that sector in 
Article 90 and Chapter III of Title I and Section 2 of Chapter II of Title II of Part II 
of Regulation (EU) No 1308/2013 and in this Regulation. Member States shall 
provide for a system of effective and risk -based official checks.  
2. Official checks shall be carried out by the competent authority or authorities in 
accordance with the general principles laid down in Regulation (EU) 2017/625 of the  
EN 38   EN European Parliament and of the Coun cil18, without prejudice to the provisions of this 
Regulation and  of Chapter VI of Implementing Regulation (EU) …./… . .  
Article 59 of Regulation (EU) No 1306/2013 shall apply mutatis mutandis  to the 
scheme of authorisations for vine plantings . 
3. Paragraphs 1 and 2 shall apply mutatis mutandis  to the checks of wine products with 
a PDO or PGI as regards the compliance with requirements of product specifications 
of those products provided for in Section 2 of Chapter I of Title II of Part II of 
Regula tion (EU) No 1308/2013.  
Article 37  
Common provisions concerning checks   
1. Checks shall be carried out in the Member State in which production took place, 
without prejudice to random or risk based analysis checks in the Member State of 
dispatch.  
In the cas e of checks carried out by sampling, the number, nature and frequency of 
the checks shall be such that the checks are representative of the whole territory of 
the Member State and correspond, where applicable, to the volume of wine -sector 
products produced , marketed or held with a view to their marketing.  
2. The checks referred to in paragraph 1 shall be administrative checks and, where 
appropriate, on - the-spot checks.  
Administrative checks shall, where appropriate, include cross -checks with, inter alia , 
data from the integrated administration and control system provided for in Chapter II 
of Title V of Regulation (EU) No 1306/2013.  
On-the-spot checks shall be unannounced. However, provided that the purpose of the 
check is not compromised, advance notice l imited 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 take place. They shall be 
performed by sampling an appropriate percentage o f producers on the basis of a risk 
analysis. 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.  
3. With regard to the vineyard register, Member States shall verify that the structural 
situation arising from the wine grower and production files provided for in Annexes 
III and IV corresponds to the actual situation in relation to each wine grower and any 
natural or legal person or group of such persons required to submit th e production 
declaration laid down in Article 31. The files shall be adapted on the basis of that 
verification.  
                                                 
18 Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official 
controls and other official activities performed to ensure the application of food and feed law, rules on 
animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 
999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 
652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Counci l 
Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 
2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) 
No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 
89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 
92/438/EEC (Official Controls Regulation) (OJ L 95, 7.4.2017, p. 1).   
EN 39   EN 4. The checks of wines and other wine products from third countries shall be carried out 
in the Member State of entry in the territory of the Un ion on the basis of the VI -1 
document.  
Article 38  
Persons subject to checks  
1. Natural or legal persons and groups of such persons whose professional activities are 
the subject of the checks referred to in this Regulation shall not obstruct such checks 
and shall be required to facilitate them at all times.  
2. Operators from which samples are taken by officials of a competent authority:  
(a) may not impede their collection in any way; and  
(b) shall provide those officials with all the information required und er this 
Regulation or under Implementing Regulation (EU) …/… .  
Article 39  
Analytical databank of isotopic data  
The European reference centre for the control in the wine sector shall keep and update an 
analytical databank of isotopic data at Union level on the bases of data notified by the 
designated laboratories of the Member States. That data shall be obtained from harmonised 
isotopic analysis of the components of ethanol and water in wine products and allow relevant 
checks throughout the marketing, in acc ordance with the methods of analysis laid down 
pursuant to Article 80(5) of Regulation (EU) No 1308/2013  and rules and procedures laid 
down in Articles 27, 28 and 29 of Implementing Regulation (EU) …./….  
Article 40  
Competent authorities and liaison bodies  
Member States shall designate the competent authorities to carry out the checks referred to in 
Article 37. Those authorities shall have a sufficient number of suitably qualified and 
experienced staff to carry out those checks effectively.  
Where a Member S tate designates several competent authorities to check compliance with the 
rules governing the wine sector, it shall indicate their specific responsibility and coordinate 
their work.  
Each Member State shall designate a single liaison body which shall be re sponsible for 
contacts with the Commission, the liaison bodies of other Member States, and third countries 
and shall receive and forward requests for administrative assistance.  
Article 41  
Powers of officials  
Each Member State shall take all appropriate mea sures to facilitate the work of the officials of 
its competent authorities. It shall ensure that such officials, where appropriate in conjunction 
with officials of other bodies which it authorises for the purpose:  
(a) have access to vineyards, winemaking a nd storage installations, installations for 
processing wine -sector products and vehicles for transporting those products;   
EN 40   EN (b) have access to the commercial premises or warehouses and vehicles of anyone 
holding with a view to sale, marketing or transporting  wine -sector products or 
products which may be intended for use in the wine sector;  
(c) may undertake an inventory of wine -sector products and substances or products 
which may be used for the preparation of such products;  
(d) may take samples of wine -secto r products, substances or products which may be 
used for the preparation of such products and products held with a view to sale, 
marketing or transport;  
(e) may study accounting data and other documents of use in control procedures, and 
make copies or extr acts thereof;  
(f) may take appropriate protective measures regarding the preparation, holding, 
transport, description, presentation and marketing of a wine -sector product or a 
product intended for use in the preparation of such a product, if there is reaso n to 
believe that there has been a serious infringement of Union legislation, especially in 
the case of fraudulent treatment or risks to health.  
Article 42  
Coordination of checks and access to information  
With respect to checks relating to consignments carried out under cover of the accompanying 
documents referred to in Article 10, the competent authorities designated under Article 40 
shall have access to the information held in the computerised system referred to in Article 21 
of Directive 2008/118/EC a nd to information on the movements of wine products circulating 
under the arrangements laid down in Chapter IV of that Directive.  
Those competent authorities shall also have access to the information held in the information 
systems set up to check the move ments of wine products other than those referred to in the 
first paragraph.  
The information held pursuant to the first and second paragraphs may only be used for the 
purposes of this Regulation.  
Article 43  
Mutual assistance  
1. Where a competent authority o f a Member State carries out checks on its territory, it 
may request information from a competent authority of any other Member State 
liable to be affected directly or indirectly. Such a request shall be made through the 
liaison bodies provided for in the third paragraph of Article 40 and the assistance 
shall be provided in a timely manner.  
The Commission shall be notified whenever the product which is the subject of the 
checks 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 requested authority shall provide all such information as may enable the 
requesting authority to carry out its duties.  
2. On a reasoned request by the requesting authority, t he requested authority shall carry 
out checks with a view to achieving the aims pursued as described in the request or 
shall take the necessary steps to ensure that such checks are carried out.  
The requested authority shall ac t as though on its own behalf.   
EN 41   EN 3. In agreement with the requested authority, the requesting authority may designate 
officials:  
(a) either to obtain, on the premises of the competent authorities of the Member 
State in which the requested authority is established, information on the 
application of the relevant provisions on wine products of Regulation (EU) No 
1308/2013, this Regulation and Implementing Regulation (EU) …/… or on 
checks relating thereto, including the making of copies of transport and other 
documents or extracts from regist ers; 
(b) or to be present during checks requested under paragraph 2, after informing the 
requested authority in good time before the start of those checks.  
The copies referred to in point (a) of the first subparagraph may be made only with 
the agreement of  the requested authority.  
4. The officials of the requested authority shall remain in charge of the checks carried 
out on the territory of their Member State at all times.  
5. The officials of the requesting authority shall:  
(a) produce a written order indi cating their identity and official position;  
(b) without prejudice to the limits imposed by the Member State of the requested 
authority on its own officials in carrying out the checks in question, have:  
(i) the rights of access provided for in points (a) a nd (b) of Article 41;  
(ii) the right to be informed of the results of checks carried out by the 
officials of the requested authority under points (c) and (e) of Article 41.  
6. The costs incurred in taking, treating and dispatching a sample and in carrying out 
analytical and organoleptic tests for checking purposes shall be borne by the 
competent authority 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 te rritory of which the operations are carried out.  
Article 44  
Conclusive force  
The findings of the officials of a competent authority of a Member State in the application of 
this Section may be invoked by the competent authorities of the other Member States and 
have the same value as if they were findings of the national competent authorities.  
Article 45  
Notification of suspicion of non -compliance  
Where a competent authority of a Member State has grounds for suspicion or becomes aware 
that a wine product does  not comply with the relevant provisions on wine products of 
Regulation (EU) No 1308/2013, the rules laid down in this Regulation and in Implementing 
Regulation (EU) …/… or that it has been the subject of fraudulent action to obtain or market 
it, the liais on body of that Member State shall notify without delay the liaison body of any 
Member State for which the failure to comply with those rules is of specific interest and such 
as to lead to administrative measures or legal action.  
Where the competent author ities of a Member State  find or suspect that wine products have 
been the subject of falsification likely to result in a health risk to consumers or do not comply  
EN 42   EN with Article 80 or Article 90 of Regulation (EU) No 1308/2013 , the liaison body of that 
Member  State  shall , without delay,  inform the Commission and the liaison bodies of the other 
Member States, and, if appropriate, the liaison body of the third countries concerned, through 
the information system put in place by the Commission.  
SECTION II  
PENALTIE S 
Article 46   
Penalties and cost recovery for non -authorised plantings  
Member States shall impose financial penalties on producers who do not comply with the 
obligation laid down in Article 71(1) of Regulation (EU) No 1308/2013.  
The minimum amount of the f inancial penalty shall be:  
(a) EUR 6 000 per hectare, if the producer grubs up the totality of the non -authorised 
planting within the four months from the date on which he is notified of the 
irregularity, as referred to in Article 71(2) of Regulation (EU) No 1308/2013;  
(b) EUR 12 000 per hectare, if the producer grubs up the totality of the non -authorised 
planting during the first year following the expiry of the 4 -month period;  
(c) EUR 20 000 per hectare, if the producer grubs up the totality of the non -authorised 
planting after the first year following the expiry of the 4 -month period.  
Where the yearly income obtained in the area where the vineyards concerned are located is 
estimated to exceed EUR 6 000 per hectare, Member States may increase the minimum 
amounts set in the second subparagraph proportionally to the average yearly income per 
hectare estimated for that area.  
If the Member State ensures the grubbing up of the non -authorised planting by its own means, 
the relevant cost charged to the producer pu rsuant to Article 71(2) of Regulation (EU) No 
1308/2013 shall be calculated in an objective way taking into account the costs of labour, use 
of machinery and transport or other costs incurred. Such cost shall be added to the applicable 
penalty.  
Article 47  
Penalties relating to accompanying documents and VI -1 documents  
for non -conformity with certain Union rules  
1. The a pplication of Article s 10, 11 and 12  may be suspended for operators referred to 
in Article 8(1) where the competent authorities of a Member  State find or suspect 
that wine products have been the subject of falsification likely to result in a health 
risk to consumers or do not comply with Article 80 or Article 90 of Regulation (EU) 
No 1308/2013.  
2. The a pplication of Articles 26 and 27 may be suspended in case of  findings or 
suspicions referred to in paragraph 1 of this Article in respect of imported wines.   
EN 43   EN Article 48  
Penalties for non -compliance with the obligations to keep the inward and outward 
register, submit declarations or make notifications  
1. Operators required to keep the inward and outward register, to submit production, 
stock or harvest declarations or to notify the competent authorities of the operations 
referred to in Article 30(2) who do not keep such register, do not sub mit such 
declarations by the dates referred to in Articles 22, 23 and 24 of Implementing 
Regulation (EU) …./… or do not make such notification by the date set by the 
Member State pursuant to Article 30(2) of this Regulation, shall be subject to 
administrat ive penalties.  
2. The penalties referred to in paragraph 1 shall take the form of payment of an amount 
and shall be laid down and applied by the Member States based on the value of the 
products, the estimated financial benefits or the economic damage caus ed by fraud.  
3. In cases of serious or repeated non -compliance with the obligation to submit 
declarations by the dates  referred to in paragraph 1, the operator concerned shall not 
benefit from the support measures provided for in Articles 47 and 50 of Regu lation 
(EU) No 1308/2013 for the financial year in question or the following financial year, 
subject to the following:  
a) where the dates referred to in Articles 22, 23 and 24 of Implementing 
Regulation (EU)  …/… are exceeded, but by not more than 15 work ing days, 
only administrative penalties referred to in paragraph 2 of this Article shall be 
applied;  
b) where the information contained in the declarations referred to in paragraph 1 
are deemed to be incomplete or inaccurate by the competent authorities of  the 
Member States, and where knowledge of the missing or inaccurate information 
is essential for the proper application of the support measures provided for in 
Articles 47 and 50 of Regulation (EU) No 1308/2013, the support to be paid 
shall be reduced pro portionately by an amount set by the competent authority 
depending on the seriousness of the infringement.  
Article 49  
Exceptional circumstances and obvious errors  
1. The penalties provided for in this Regulation shall not be imposed in cases of 
exceptional  circumstances within the meaning of Article 2(2) of Regulation (EU) No 
1306/2013.  
2. Any communication, claim or request made to a Member State under this Regulation 
may be adjusted at any time after its submission in cases of obvious errors 
recognised by  the competent authority.  
CHAPTER VIII  
NOTIFICATIONS  
Article 50  
Nature and type of information to be notified  
1. Member States shall notify the Commission of the following:   
EN 44   EN (a) the laws, regulations or administrative provisions they have adopted pursuant 
to Article 120(2)(a) of Regulation (EU) No 1308/2013, this Regulation and 
Implementing Regulation (EU) …/…;  
(b) name and address of competent authorities responsible for carrying out official 
analyses, the administrative certification procedure and checks related to 
registers and accompanying documents;  
(c) name and address of competent authorities responsible for the granting of 
authorisations for vine plantings, and of those responsible for maintaining and 
updating a vineyard register and for submitting a n updated inventory of the 
production potential;  
(d) the thresholds referred to in points (1) and (2) of the first paragraph of Section 
H of Annex II;  
(e) the measures they have taken to implement Chapter VII, where notification of 
those measures is relev ant for the cooperation between Member States, and the 
name and address of the liaison body designated by each Member State;  
(f) the conditions that they apply with respect to drawing up the accompanying 
documents referred to in points (a)(iii) and (b) of the first subparagraph of 
Article 10(1);  
(g) the wine grape varieties concerned by the application of Article 81 and Article 
120(2)(b) of Regulation (EU) No 1308/2013.  
2. Member States shall notify the Commission of any changes in the name and address 
of the competent authorities and the liaison bodies notified to the Commission in 
accordance with paragraph 1.  
3. The notification provided for in paragraph 1 shall be made in accordance with Article 
34 of Implementing Regulation (EU) …./….  
Article 51  
Publica tion of the information notified  
1. On the basis of notifications from the competent authorities of third countries, the 
Commission shall draw up and update lists containing the following information:  
(a) name and address of competent bodies in the product 's country of origin 
responsible for issuing VI -1 documents ; 
(b) name and address of bodies or departments designated by the country of origin 
or, where non -existent in the country of origin, an already authorised 
laboratory outside the product's country o f origin, for the purpose of filling -in 
the analysis report section of VI -1 documents;  
(c) name, address and official registration number of the wine producers and 
processors authorised by the product's country of origin to draw up VI -1 
documents;  
(d) name and address of a single liaison body designated in each third country to 
receive and forward requests for administrative assistance and to represent its 
country vis -à-vis the Commission and the Member States.  
2. The Commission shall make public the name and address of the competent 
authorities referred to in Article 50(1)(b) and (c), the information regarding the  
EN 45   EN production potential referred to in Article 50(1)(c), the name and address of the 
liaison body referred to in Article 50(1)(e), the wine grape v arieties referred to in 
Article 50(1)(f) and the lists referred to in paragraph 1 of this Article.  
 
   
EN 46   EN CHAPTER IX  
AMENDMENTS, REPEALS, TRANSITIONAL AND FINAL PROVISIONS  
Article 52  
Amendments to Regulation (EC) No 555/2008  
Regulation (EC) No 555/2008 is amended as follows:  
(1) Articles 1, 21, 22 and 23, 38 to 54, 74, 83 to 95a and 98 to 102 are deleted;  
(2) Annexes IX to XIII and XVI to XXI are deleted.  
 
Article 53  
Amendments to Regulation (EC) No 606/2009  
Regulation (EC) No 606/2009 is amended as follows : 
(1) Articles 12 and 13 are deleted;  
(2) The following Articles 14a and 14b are inserted:  
 
"Article 14a  
Fixing a minimum percentage of alcohol for by -products  
1. Subject to point 1 of Section D of Part II of Annex VIII to Regulation (EU) No 
1308/2013, Member States shall fix a minimum percentage for the volume of alcohol 
that must be contained in the by -product, after its separation from wines, in relation 
to that contained in the wine produced. Member States may modulate that minimum 
percentage on the basis of objective and non -discriminatory criteria.  
2. Where the relevant percentage fixed by Member States pursuant to paragraph 1 is not 
reached, the operator concerned shall deliver a quantity of wine from his own 
production that corresponds to the quan tity needed to reach the minimum 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 t he different wine -growing zones shall be:  
(a) 8,0 % for zone A;  
(b) 8,5 % for zone B;  
(c) 9,0 % for zone C I;  
(d)  9,5 % for zone C II;  
(e) 10,0 % for zone C III.  
Article 14b  
Disposal of by -products  
1. Producers shall withdraw the by -products of winemaking  or of any other processing 
of grapes under supervision by the competent authorities of the Member States, 
subject to the requirements on delivery and registration laid down in Article 9(1)(b) 
of Commission Delegated Regulation (EU) xxxx/xxx* and Article 1 4(1)(b)(vii) and 
Article 18 of Commission Implementing Regulation (EU) …./…**, respectively.   
EN 47   EN 2. Withdrawal shall be carried out without delay and no later than at the end of the wine 
year in which the by -products were obtained, in compliance with applicabl e Union 
legislation, in particular as regards the environment.  
3. Member States may decide that producers who, during the wine year in question, do 
not produce more than 50 hectolitres of wine or must themselves on their own 
premises are not required to wi thdraw their by -products.  
4. Producers may fulfil the obligation of disposal for all or a part of the by -products of 
winemaking or any other processing of grapes by delivering the by -products to 
distillation. Such disposal of the by -products shall be certi fied by a competent 
authority of the Member State.  
5. Member States may decide that the delivery to distillation of all or a part of the by -
products of winemaking or of any other processing of grapes is made compulsory for 
all or certain producers on their  territory on the basis of objective and non -
discriminatory criteria.  
* Commission Delegated Regulation (EU) …/… full title  (OJ L).  
** Commission Implementing Regulation (EU) …/… full title  (OJ L)."  
Article 54  
Amendment to Regulation (EC) No 607/2009  
In Regulation (EC) No 607/2009, Article 63 is deleted.  
Article 55  
Repeal  
Regulation (EC) No 436/2009 and Delegated Regulation (EU) 2015/560 are repealed.  
Article 56  
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 . 
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Brussels,  
 For t he Commission  
 The President