1993R2238 — EN — 01.09.1993 — 000.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSION REGULATION (EEC) No 2238/93
of 26 July 1993
ontheaccompanyingdocumentsforthecarriageofwineproductsandtherelevantrecordstobe
kept
(OJ L 200, 10.8.1993, p. 10)
Corrected by:
►C1Corrigendum, OJ L 301, 8.12.1993, p. 29 (2238/93)
1993R2238 — EN — 01.09.1993 — 000.001 — 2
▼B
COMMISSION REGULATION (EEC) No 2238/93
of 26 July 1993
on the accompanying documents for the carriage of wine products
and the relevant records to be kept
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
Having regard to Council Regulation (EEC) No 822/87 of 16 March
1987 on the common organization of the market in wine(
1), as last
amendedbyRegulation(EEC)No1566/93(2),andinparticularArticle
71 (3) thereof,
Whereas in view of the establishment of the single market in the
Community, which will entail the abolition of boundaries betweenMember States, it is necessary to confer on the authorities responsibleforsupervisingthestockingandmarketingofwineproductstheneces-sary means to carry out effective checks in accordance with uniformrules laid down at Community level;
Whereas Article 71 (1) of Regulation (EEC) No 822/87 provides that
wine products may be put into circulation within the Community onlywithanofficiallycheckedaccompanyingdocument;whereasArticle71(2)providesthatnaturalorlegalpersonswhoholdwineproductsaretobe obliged to keep goods inwards and outwards registers in respect ofthose products; whereas Regulation (EEC) No 986/89(
3), as last
amended by Regulation (EEC) No 592/91(4), was therefore amended;
Whereas progress towards fiscal harmonization within the Community
was made with the adoption of Council Directive 92/12/EEC of 25February 1992 on the general arrangements for products subject toexcise duty and on the holding, movement and monitoring of suchproducts(
5), and the regulations adopted for its application, namely
Commission Regulation (EEC) No 2719/92 of 11 September 1992 onthe accompanying administrative document for the movement underduty-suspensionarrangementsofproductssubjecttoexciseduty(
6),and
CommissionRegulation(EEC)No3649/92of17December1992onasimplifiedaccompanyingdocumentfortheintra-Communitymovementof products subject to excise duty which have been released forconsumption in the Member State of dispatch(
7); whereas, in order to
establish uniform rules applicable within the Community and tosimplifyadministrativeformalitiesbothforthetradeandforthepublic,theCommunityrulesconcernedshouldberevisedinthelightofexperi-ence and of the requirements of the single market; whereas, in partic-ular, documents accompanying the carriage of wine products for therequirements of fiscal legislation should also be used to guarantee theauthenticity of the products concerned;
Whereas the abovementioned provisions concerning the drawing up of
accompanying administrative documents and the simplified accompa-nying document refer to rules on the certification of the origin andquality of certain types of wine; whereas, therefore, the rules for suchcertificationshouldbelaiddown;whereasrulesmustalsobelaiddownfor the certification of the origin of certain wines for carriage notsubject to tax formalities, in particular for export; whereas, in order tosimplify administrative formalities for individuals and to remove theburdenofroutinetasksfromthecompetentauthorities,provisionshouldbe made for the latter to authorize consignors fulfilling certain condi-
(1) OJ No L 84, 27. 3. 1987, p. 1.
(2) OJ No L 154, 25. 6. 1993, p. 39.
(3) OJ No L 106, 18. 4. 1989, p. 1.
(4) OJ No L 66, 13. 3. 1991, p. 13.
(5) OJ No L 76, 23. 3. 1992, p. 1.
(6) OJ No L 276, 19. 9. 1992, p. 1.
(7) OJ No L 369, 18. 12. 1992, p. 17.
1993R2238 — EN — 01.09.1993 — 000.001 — 3
▼B
tions to enter the wording certifying the origin of the wine in the
accompanying document, without prejudice to completion of the rele-vant checks;
Whereas,adocumentshouldbelaiddowntoaccompanythecarriageof
wine products not subject to the abovementioned tax formalities toenable the competent authorities to monitor the movement thereof;whereasanycommercialdocumentcontainingthedetailsnecessaryforidentifying the product and for tracking its movements may be recog-nized for that purpose;
Whereas the monitoring of wine products transported in bulk requires
particularcaregiventhatsuchproductsaremoresusceptibletofraudu-lentpracticesthanarelabelled,bottledproductsfittedwithanon-reus-ableclosingdevice;whereasadditionalinformationandpriorvalidationof the accompanying document should be laid down in such cases;
Whereas, in order to avoid needlessly complicating administrative
formalities, provision should be made for no document to be requiredfor carriage fulfilling certain criteria;
Whereas documents accompanying the carriage of wine products and
therelevantentriesmadeintheregistersconstituteawhole;whereas,inordertoensurethatbyconsultingtheregistersthecompetentauthoritiesare able effectively to monitor the movement and stocking of wineproducts, in particular in the course of cooperation between thoseauthorities in the different Member States, the rules concerning thekeeping of records should be harmonized at Community level;
Whereasthesubstancesusedincertainoenologicalpractices,especially
enrichment, acidification and sweetening, are particularly open to thedanger of fraudulent use; whereas records must therefore be keptconcerning those substances to enable the competent authorities tosupervise the movement and use thereof;
Whereastheaccompanyingdocumentforthecarriageofwineproducts
laid down by Community rules is a very useful source of informationforthebodiesresponsibleforensuringcompliancewithCommunityandnational rules in the wine sector; whereas Member States should beallowed to lay down additional provisions on the application of thisRegulation for carriage beginning on their own territory;
Whereas the provisions of Regulation (EEC) No 986/89 should be
replaced by those of this Regulation; whereas, however, in order tofacilitate the transition from the arrangements in force before the entryinto force of this Regulation to the arrangements laid down herein,provision should be made permitting the use of accompanying docu-mentsdrawnupinaccordancewithRegulation(EEC)No986/89foratemporary period;
WhereasthemeasuresprovidedforinthisRegulationareinaccordance
with the opinion of the Management Committee for Wine,
HAS ADOPTED THIS REGULATION:
Article 1
1. This Regulation lays down detailed rules for the application of
Article71ofRegulation(EEC)No822/87withregardtoaccompanyingdocuments for the carriage of wine products without prejudice to theapplication of Directive 92/12/EEC. It lays down:
(a) rules for the certification of origin for quality wines produced in
specifiedregionsandthecertificationofprovenancefortablewinesentitled to a geographical ascription in the documents accompa-nyingthecarriageofthesewineswhicharealsoissuedpursuanttoCommunity provisions based on Directive 92/12/EEC;
(b) rules for the issue of documents accompanying the carriage of the
wine products listed in Article 1 (2) of Regulation (EEC) No822/87:
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▼B
— within a Member State, where such consignments are not
accompanied by a document prescribed by Community rulesbased on Directive 92/12/EEC,
— on exportation to a third country,— in intra-Community trade when:
— carriage is effected by a small producer exempted by the
MemberStateinwhichthecarriageoriginatesfromtheneedto complete a simplified accompanying document, or
— a wine product not subject to excise duty is transported;
(c) additional provisions for completing:
— the accompanying administrative document or the commercial
document used in its place,
— thesimplifiedaccompanyingdocumentorthecommercialdocu-
ment used in its place,
in the case of consignments of the wine products referred to in
Article 1 (2) of Regulation (EEC) No 822/87.
2. ThisRegulationalsolaysdownrulesonthekeepingofrecordsof
entryandwithdrawalbypersonsholdingwineproductsinthecourseoftheir occupation.
Article 2
Definitions
For the purposes of this Regulation:
(a) ‘competent authority'means an authority made responsible by a
Member State for the implementation of this Regulation;
(b) ‘producer' means any natural or legal person or group of such
persons who has or has had in his possession fresh grapes, grapemustornewwinestillinfermentation,andwhoprocessesthemorhas them processed on his behalf into wine;
(c) ‘small producer'means a producer who produces on average less
than 1000 hectolitres of wine per year. Member States shallconsidertheaverageproductionleveloveratleastthreeconsecutiveyears. Member States need not consider as small producers produ-cerswhobuyfreshgrapesorgrapemusttoprocessthemintowine;
(d) ‘retailer'meansanynaturalorlegalpersonorgroupofsuchpersons
whosebusinessactivityincludesthesaleofwineinsmallquantities—tobedefinedbyeachMemberState,havingregardtothespecialfeatures of trade and distribution — directly to the consumer, butnot those who use cellars equipped for storing and, if appropriate,forbottlingwinesinlargequantities,whohavepackagingfacilitiesor who engage in itinerant trading in wine transported in bulk;
(e) ‘accompanying administrative document' means a document
meeting the requirements of Regulation (EEC) No 2719/92;
(f) ‘simplified accompanying document' means a document meeting
the requirements of Regulation (EEC) No 3649/92;
(g) ‘atraderwhodoesnotholdstocks'meansanaturalorlegalperson
or a group of such persons buying or selling wine products on aprofessional basis but having no premises for the storage of suchproducts;
(h) ‘recognizedclosingdevice'meansaclosingdeviceforcontainersof
anominalcapacityofnotmorethangivelitres,aslistedinAnnexI.
TITLE I
Accompanying documents for the carriage of wine products
Article 3
1. All natural or legal persons, groups of persons, including traders
not holding stocks, who have their domicile or registered place ofbusinesswithinthecustomsterritoryoftheCommunityandwhocarryout or cause to be carried out a carriage operation involving a wine
1993R2238 — EN — 01.09.1993 — 000.001 — 5
▼B
product must complete on their own responsibility a document whichmust accompany the carriage, hereinafter called ‘the accompanyingdocument'.
Theaccompanyingdocumentshallincludeatleastthefollowinginfor-
mation in accordance with the instructions set out in Annex II:
(a) the name and address of the consignor;
(b) the name and address of the consignee;
(c) areferencenumberforthepurposeofidentifyingtheaccompanying
document;
(d) the date of completion of the document and the date of dispatch
where this differs from the date of completion;
(e) thetradedescriptionoftheproductbeingcarriedinaccordancewith
Community and national rules;
(f) the quantity of product being carried.
Thedocumentshallalsoinclude,forcarriageincontainersofanominal
volume of more than 60 litres:
(g) of:
— wines: the actual alcoholic strength,
— non-fermented products: the refractive index or the density,— new wine still in fermentation and grape must in fermentation:
the total alcoholic strength;
(h) of wines and grape must:
— the wine-growing zone in accordance with the demarcation
showninAnnexIVtoRegulation(EEC)No822/87fromwhichtheproducttransportedoriginates,usingthefollowingabbrevia-tions: A, B, CI (a), CI (b), CII, CIII (a) and CIII (b);
— theoperationsreferredtoinAnnexIIwhichtheproductstrans-
ported have undergone.
2. The following shall be recognized as accompanying documents:
(a) for products subject to the formalities regarding the movement of
products laid down by Directive 92/12/EEC;
— in the case of release into circulation with the suspension of
excise duty, an administrative or commercial documentcompleted in accordance with Regulation (EEC) No 2719/92,
— inthecaseofintra-Communitytradeafterreleaseforconsump-
tion in the Member State of dispatch, a simplified accompa-nying document or a commercial document completed inaccordance with Regulation (EEC) No 3649/92;
(b) for products not subject to the formalities regarding the movement
of products laid down by Directive 92/12/EEC, each documentcontainingasaminimumtheinformationreferredtoinparagraph1inadditiontoanyinformationlaiddownbytheMemberState,andcompleted in accordance with this Title.
3. Member States may lay down in the case of the carriage of
productsreferredtoinparagraph2(b)whichbeginintheirterritorythattheaccompanyingdocumentmustbecompletedinaccordancewiththemodel set out in Annex III.
InthecaseofcarriagewhichbeginsandendsontheirterritoryMember
Statesmayauthorizethataccompanyingdocumentsarenotdividedintoboxesandthattheinformationisnotnumberedasinthemodelsetoutin Annex III.
4. Where an accompanying document is completed to accompany a
consignment of a wine product in containers of a nominal volume ofmore than 60 litres, the reference number of the document must begivenbythecompetentauthoritywhosenameandaddressareindicatedthereon. That authority may be a tax inspection body.
Referencenumbersshallformpartofacontinuousseries.Theyshallbe
preprinted on the documents to accompany carriage.
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The original of the accompanying document referred to in the firstsubparagraph, duly completed, and the copy thereof shall be validatedbeforehand and in request of each consignment:
— by means of the stamp of the competent authority of the Member
State in which carriage begins,
or
— bytheconsignorbymeansoftheprescribedstamporthemarkofa
stamping machine approved by the competent authority.
Whereanadministrativedocumentorcommercialdocumentcomplying
withRegulation(EEC)No2719/92orasimplifiedaccompanyingdocu-ment or commercial document complying with Regulation (EEC) No3649/92 is used, copies 1 and 2 shall be validated beforehand inaccordance with the procedure laid down in the third subparagraph.
Article 4
NotwithstandingArticle3(1),nodocumentshallberequiredtoaccom-
pany:
1. in the case of wine products in containers of a nominal volume of
more than 60 litres:
(a) ofgrapes,whetherornotpressed,orgrapemust,undertakenby
thegrapeproducersthemselvesorontheirbehalffromtheirownvineyardsoranotherestablishmentbelongingtothem,wherethetotal road distance does not exceed 40 km and such carriage is:
— in the case of individual producers: to their wine-making
establishments,
— inthecaseofproducersbelongingtogroups:tothegroups’
wine-making establishments.
In exceptional cases, the 40 km maximum distance may be
increased to 70 km by the competent authorities;
(b) of grapes, whether or not pressed, undertaken by the producers
themselves or on their behalf by third parties other than theconsignees from their own vineyards:
— wheresuchcarriageistothewine-makingestablishmentofa
third party located within the same wine-growing zone, and
— where the total road distance does not exceed 40 km. In
exceptional cases the competent authorities may extend thismaximum distance to 70 km;
(c) of wine vinegar;
(d) of any product, where the competent authority has authorized
such carriage, within the same local administrative unit or to alocal administrative unit in the immediate vicinity or, if anindividual authorization is given, carriage within the sameregional administrative unit, where the product:
— istransportedbetweentwoestablishmentsofthesameunder-
taking, subject to the application of point (a) of Article 12(2),
or
— doesnotchangeownerandwherethecarriageiseffectedfor
the purpose of vinification, processing, storage or bottling;
(e) of grape marc and wine lees:
— to a distillery, where the product is accompanied by a
delivery note as laid down by the competent authorities ofthe Member State where carriage begins,
or
— wherecarriageiseffectedforthepurposeofwithdrawingthe
product from the wine-making process pursuant to Articles35 (4) of Regulation (EEC) No 822/87;
2. in the case of products in containers of a nominal volume of not
more than 60 litres, and without prejudice to the rules of Directive92/12/EEC, the carriage:
1993R2238 — EN — 01.09.1993 — 000.001 — 7
▼B
(a) of products in labelled containers fitted with a recognized non-
reusableclosingdevicebearinganindicationenablingthebottlerto be identified and of a nominal volume of not more than fivelitres, where the total quantity does not exceed:
— fivelitresinthecaseofconcentratedgrapemust,whetheror
not rectified,
— 100 litres for all other products;
(b) of wine or grape juice intended for diplomatic representations,
consulates and similar establishments, within the limits of theallowances granted them;
(c) of wine or grape juice:
— contained in private household removals, and not intended
for sale,
— on board ships, aircraft or trains to be consumed there;
(d) by private individuals, of wine and grape must in fermentation
intended for the personal consumption of the consignee or hisfamily,byprivateindividuals,otherthaninthecaseofcarriagereferredtoin(a),wherethequantitytransporteddoesnotexceed30 litres;
(e) of any product intended for scientific or technical experiments,
where the total quantity transported does not exceed one hecto-litre;
(f) of a commercial sample;
(g) of samples for an official agency or laboratory.
Inthecaseofexemptionfromtheneedtoprovideanydocumentto
accompanytheconsignmentsreferredtoin(a)to(e),theconsignors,otherthanretailersorprivateindividualsdisposingfromtimetotimeoftheproducttootherprivateindividuals,mustbeableatanytimeto prove the accuracy of all the entries laid down for the recordsprovidedforinTitleIIorotherrecordsprovidedforbytheMemberState concerned.
Article 5
1. Wherethecompetentauthorityfindsthatanaturalorlegalperson
oragroupofsuchpersonswhocarriesoutorcausestobecarriedoutacarriage operation involving a wine product has committed a seriousinfringementofCommunityprovisionsinwinesectorornationalprovi-sions adopted pursuant thereto or where that authority has a justifiedreasonforsuspectingsuchaninfringement,itmayrequirethefollowingprocedure to be applied:
the consignor shall complete the accompanying document and request
the authorization of the competent authority. Authorization, whengranted,maybelinkedtoconditionsonthefutureuseoftheproduct.Itshall comprise the stamp, signature of the official of the competentauthority and the date.
Theaboveprocdureshallalsoapplyforthecarriageofproductswhose
conditionsofproductionorcompositiondonotconformtoCommunityor national rules.
2. ForallcarriagewithinthecustomsterritoryoftheCommunityof
third country products released into free circulation, the accompanyingdocument shall include:
— the number of the VI 1 document, completed in accordance with
Commission Regulation (EEC) No 3590/85(
1),
— the date on which the document was completed,— the name and address of the authority of the third country having
completedthedocumentorhavingauthorizedthecompletionofthedocument by a producer.
(1) OJ No L 343, 20. 12. 1985, p. 20.
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3. All persons or bodies completing accompanying documents for
carriage of a wine product and persons who have held such productsshall keep a copy of such documents.
Article 6
1. The accompanying document shall be considered duly completed
when it includes the information laid down in Article 3 (1) of thisRegulation. Where a document conforming to Regulation (EEC) No2719/92 or Regulation (EEC) No 3649/92 is used, it shall, in addition,containalltheinformationlaiddowninArticle3(1)ofthisRegulation.
Inaddition,forthecarriagetoadistilleryofwinefortifiedfordistilla-
tion, the accompanying administrative document or the simplifiedaccompanying document or the commercial documents in place of thetwolatterdocumentsmustsatisfytherequirementsofthefirstindentofArticle25(2)andthefifthindentofArticle27(2)ofCouncilRegula-tion (EEC) No 2046/89(
1).
2. The accompanying document may be used only for a single
carriage operation.
Asingleaccompanyingdocumentmaybecompletedtoaccompanythe
carriage in a single consignment from one and the same consignor toone and the same consignee of:
— two or more batches of the same category of product,
or
— twoormorebatchesofdifferentcategoriesofproductprovidedthey
are put up in labelled containers of a nominal volume of not morethan 60 litres and fitted with a recognized non-reusable closingdevice bearing an indication enabling the bottler to be identified.
3. The documents accompanying the consignment of wine products
must indicate the date on which carriage commences.
InthecasereferredtoinArticle5(1)orwherethedocumentaccompa-
nying the consignment is completed by the competent authority, thedocument shall be valid only if carriage commences not later than thefifthworkingdayfollowing,asappropriate,thedateofvalidationorthedate on which it is completed.
4. When products are transported in separate compartments of the
sametransportcontaineroraremixedduringcarriage,adocumentmustbe completed to accompany each portion, whether transported sepa-rately or making up a mixture. Such documents shall mention, inaccordancewiththeruleslaiddownbyeachMemberState,theuseofthe product of mixing.
However, consignors or empowered persons may be authorized by
MemberStatestocompleteasingledocumentforthewholeproductormixing. In such cases the competent authority shall give appropriateinstructionsastohowproofistobefurnishedconcerningthecategory,origin and quantity of the various loads.
5. Whereitisfoundthatcarriagewhichhastobeaccompaniedbya
document takes place without such a document or under cover of adocument containing false, erroneous or incomplete particulars, thecompetent authority of the Member State where this is discovered oranyotheragencyresponsibleforensuringcompliancewithCommunityand national provisions in the wine sector shall take the measuresnecessary:
— to regularize such carriage, either by correcting any errors or by
completing a new document,
— where appropriate, to penalize any irregularities in proportion to
theirseriousness,inparticularbyapplyingtheprovisionsreferredtoin Article 5 (1).
(1) OJ No L 202, 14. 7. 1989, p. 14.
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Thecompetentauthorityorotheragencyreferredtointhefirstsubpara-
graphshallstampdocumentscorrectedorcompletedinaccordancewiththe said provision.
Regularization of irregularities may not delay the carriage operation in
question for any longer than is strictly necessary.
Intheeventofseriousorrepeatedirregularities,thecompetentregional
or local authority as regards the place of unloading shall inform thecompetentregionalorlcoalauthorityasregardstheplaceofloading.Inthe case of intra-Community carriage, such information shall beforwarded in accordance with Council Regulation (EEC) No 2048/89(
1).
6. Whereitisimpossibletoregularizecarriageoperationswithinthe
meaning of the first subparagraph of paragraph 5, the competentauthorityortheagencythatdiscoveredtheirregularityshallholdupthetransport.Itshallinformtheconsignorthatthecarriageisbeingheldupandoftheconsequencesincurred.Thesemeasuresmayincludeabanonmarketing the product.
7. Wherepartorallofaproductcarriedundercoverofanaccompa-
nying document is refused by the consignee, the latter shall write thewords ‘REFUSED by the consignee' on the back of the document,together with the date and his signature, plus, where appropriate, anindication of the quantity refused, in litres or kilograms.
Inthatcasetheproductmaybereturnedtotheconsignorundercoverof
the same accompanying document or may be kept on the premises ofthecarrieruntilanewdocumentiscompletedtoaccompanytheproductwhen it is redispatched.
Article 7
1. The accompanying document shall be regarded as attesting the
designation of origin of quality wines psr or the provenance of tablewines entitled to a geographical ascription when duly completed:
— byaconsignorwhoishimselftheproducerofthewinecarriedand
who neither acquires nor sells wine products obtained from grapesharvested in wine-growing areas other than those whose names heuses to designate wine obtained from his own production,
— byaconsignornotcoveredbythefirstindentandprovidedthatthe
accuracyoftheparticularshasbeencertifiedontheaccompanyingdocument by the competent authority on the basis of the informa-tioncontainedinthedocumentsaccompanyingpreviouscarriageofthe products in question,
— pursuant to Article 5 (1),
and the following conditions are fulfilled:
(a) (i) the accompanying document is completed in accordance with
the model laid down for:
— the accompanying administrative document given in the
Annex to Regulation (EEC) No 2719/92, or
— thesimplifiedaccompanyingdocumentgivenintheAnnex
to Regulation (EEC) No 3649/92, or
— theaccompanyingdocumentsetoutinAnnexIIIhereto;or
(ii) for carriage which does not cross the territory of another
MemberState,anydocumentreferredtoinpoint(b)ofArticle3 (2);
(b) the following is entered in the appropriate place on the accompa-
nying document:
— for quality wines psr: ‘This document attests the origin of the
quality wines psr set out herein',
(1) OJ No L 202, 14. 7. 1989, p. 32.
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— for table wines entitled to a geographic ascription: ‘This docu-
ment attests the provenance of the table wines set out herein';
(c) the indication referred to in (b) is validated by the competent
authority by means of its stamp, the date and the signature of theperson responsible, as appropriate:
— oncopies1and2inthecaseofthemodelreferredtointhefirst
and second indents of (a), (i), or
— ontheoriginaloftheaccompanyingdocumentandonacopyin
the case of the model set out in Annex III or of an otherdocument referred to in point (b) of Article 3 (2);
(d) the reference number of the accompanying document has been
given by the competent authority;
(e) inthecaseofexportsfromaMemberStatewhichisnotaMember
State of production, the accompanying document under cover ofwhichtheproductisconsignedshallattestthedesignationoforiginor the geographical ascription where it indicates:
— the reference number,
— the date of completion,
and
— the name and address of the authority referred to on the docu-
mentsundercoverofwhichtheproductwastransportedbeforebeingreconsignedandonwhichthedesignationoforiginorthegeographical ascription has been certified.
Member States may make attestations of the designation of origin of
quality wines psr and the provenance of table wines produced on theirterritory compulsory.
2. The competent authorities of each Member State may permit
consignors satisfying the conditions laid down in paragraph 3 to fill inthemselves, or have preprinted, the attestations of the designation oforigin or of provenance on the accompanying document, provided:
(a) the attestations are validated in advance by the stamp of the
competentauthority,thesignatureofthepersonresponsibleandthedate;
or
(b) the attestations are validated by the consignors themselves by
meansofaspecialstampauthorizedbythecompetentauthorityandconforming to the model set out in Annex IV; the stamp may bepreprintedontheformsprovidedprintingiscarriedoutbyaprinterapproved for that purpose.
3. Theauthorizationreferredtoinparagraph2shallbegrantedonly
to consignors:
— whoregularlydispatchqualitywinespsrand/ortablewinesentitled
to a geographical ascription, and
— after it is ascertained, following an initial request, that the inward
and outward registers are kept in accordance with Title II and thusenable the accuracy of the particulars in the documents to bechecked.
The competent authorities may refuse authorization to consignors not
offeringsuchguaranteesasthoseauthoritiesconsiderappropriate.Theymay cancel the authorization, in particular where consignors no longersatisfy the conditions laid down in the first subparagraph or no longeroffer the guarantees required.
4. Consignorstowhomtheauthorizationreferredtoinparagraph2is
grantedshallbeobligedtotakeallnecessarystepstoguardthespecialstamportheformsbearingthestampofthecompetentauthorityorthespecial stamp.
5. In trade with third countries, only accompanying documents
completedinaccordancewithparagraph1onexportfromtheMemberState of production shall certify:
1993R2238 — EN — 01.09.1993 — 000.001 — 11
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— for quality wines psr, that the designation of origin of the product
complies with the relevant Community and national provisions,
— for table wines designated pursuant to Article 72 (2) and (3) of
Regulation(EEC)No822/87,thatthegeographicalascriptionoftheproduct complies with the relevant Community and national provi-sions.
However, in the case of exports from a Member State which is not a
MemberStateofproduction,theaccompanyingdocumentcompletedinaccordance with paragraph 1 under cover of which the product isexportedshallattestthedesignationoforiginorthegeographicalascrip-tion where it indicates:
— the reference number,
— the date of completion, and— the name address of the authority referred to in paragraph 1 indi-
cated on the documents under cover of which the product wastransported before being exported and on which the designation oforigin or the geographical ascription has been certified.
6. Theaccompanyingdocumentshallattestthedesignationoforigin
or imported wine where the said document is completed in accordancewithArticle5(2)byusingoneofthemodelsreferredtoinpoint(a)ofthe first subparagraph of paragraph 1.
Article 8
1. Where the consignee is established within the territory of the
Community,thefollowingrulesshallapplywithregardtotheuseoftheaccompanying document:
(a) carriageofaproductexemptfromcustomsduty:point1.5(general
remarks)oftheexplanatorynotesannexedtoRegulation(EEC)No2719/92;
(b) intra-Communitycarriageofaproductsubjecttoexcisedutywhich
has already been released for consumption in the Member State ofdeparture:point1.5oftheexplanatorynotesannexedtoRegulation(EEC) No 3649/92;
(c) forms of carriage not covered by (a) or (b):
(i) where it is decided to use the accompanying document laid
down for carriage of the type referred to under (a) and (b):
— copy No 1: shall be kept by the consignor,
— copy No 2: shall accompany the product from the place of
loading to the place of unloading and be handed to theconsignee or his representative;
(ii) where another accompanying document is used:
— the original of the accompanying document shall accom-
pany the product from the place of loading and be handedto the consignee or his representative,
— a copy shall be kept by the consignor.
2. Wheretheconsigneeisestablishedoutsidethecustomsterritoryof
theCommunity,thecopiesofthedocumentaccompanyingtheconsign-ment shall be presented in support of the export declaration at thecompetentcustomsofficeoftheexportingMemberState.Thecustomsoffice shall ensure that the type, date and number of the documentpresentedareindicatedontheexportdeclarationandthatthetype,dateandnumberoftheexportdeclarationareindicatedontheoriginaloftheaccompanying document and on the copy thereof, or, as appropriate,copies No 1 and 2 of the accompanying document.
Thecustomsofficeshallenteronthetwocopiesofthelatterdocument
and stamp as authentic one of the following:
‘EXPORTE', ‘UDFØRT', ‘AUSGEFÜHRT', ‘EXPORTED', ‘ESPOR-
TATO',‘UITGEVOERD',‘ ΕΞΑΧΘΕΝ',‘EXPORTADO',
1993R2238 — EN — 01.09.1993 — 000.001 — 12
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and shall hand the stamped copies bearing the above wording to the
exporter or his representative. The latter shall ensure that one copyaccompanies carriage of the exported product.
3. Thereferencesreferredtointhefirstsubparagraphofparagraph2
shallspecifyatleastthetype,dateandnumberofthedocumentand,asregardstheexportdeclaration,thenameandaddressoftheregionalorlocal authority competent as regards export.
4. Where a wine product is exported temporarily under the outward
processing arrangements pursuant to Council Regulation (EEC) No2473/86(
1) and Commission Regulation (EEC) No 2458/87(2)t oa n
EFTA country for the purpose of undergoing storage and/or ageingand/or packaging operations, in addition to the accompanying docu-ment,aninformationsheetaslaiddownbytherecommendationoftheCustomsCooperationCouncilof3December1963shallbecompleted.This sheet shall show in the boxes reserved for the description of theproduct, the description in accordance with Community and nationalrules and the quantity of the wine carried.
Theseindicationsshallbetakenfromtheoriginaloftheaccompanying
document under cover of which the wine was carried to the customsofficewherethedocumentconstitutingevidenceofCommunitystatusisissued; the nature, date and number of the document referred to abovewhich accompanied carriage previously shall also be noted on thedocument constituting evidence of Community status.
Where a document constituting evidence of Community status of the
goods issued by the customs authorities of the EFTA countries ispresented in respect of a wine as referred to in the first subparagraphbeingbroughtbackintotheterritoryoftheCommunity,suchdocumentshall be regarded as equivalent to the accompanying document forcarriage as far as the customs office either of destination in theCommunity or where the product is released to the market, providedthatthedocumentbearsinthesection‘Descriptionofgoods'theinfor-mation specified in the first subparagraph.
The relevant customs office in the Community shall stamp a copy or
photocopy of the document delivered by the consignee or his repres-entative and return it to him for the purposes of this Regulation.
5. For quality wines psr and table wines entitled to a geographical
ascription exported to third countries under cover of an accompanyingdocument in accordance with this Regulation, the said document,attestingtotheoriginorprovenanceoftheproductsmustbepresentedinsupportofanyotherdocumentstothecompetentauthoritywhensuchwines are released for free circulation in the Community, where thewineinquestiondoesnotconstitutegoodsreturnedwithinthemeaningof Council Regulation (EEC) No 754/76(
3) and its implementing
provisions.Providedthatthesupportingdocumentsaredeemedsatisfac-torythecustomsofficeinquestionshallendorseacopyorphotocopyofthecertificateofdesignationoforiginfurnishedbytheconsigneeorhisrepresentative and return it to him for the purposes of this Regulation.
Article 9
If during carriage, by reason of force majeure or some unforeseen
accident, a load for which an administrative document, a simplifiedaccompanyingdocumentoracommercialdocumentisprescribedhastobe split up or is wholly or partially lost, the carrier shall request theauthoritieswheretheincidentorthecaseof force majeure tookplaceto
make a statement of the facts.
In so far as he is able, the carrier shall also notify the competent
authoritynearesttotheplacewheretheincidenttookplaceforittotakethenecessarystepstoregularizethecarriageoperationinquestion.Such
(1) OJ No L 212, 2. 8. 1986, p. 1.
(2) OJ No L 230, 17. 8. 1987, p. 1.
(3) OJ No L 89, 2. 4. 1976, p. 1.
1993R2238 — EN — 01.09.1993 — 000.001 — 13
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measuresmaydelaythecarriageoperationinquestiononlyforthetime
strictly necessary: for it to be regularized.
Article 10
For the carriage of a quantity of more than 60 litres of one of the
unpackagedwineproductslistedbelow,thedocumentspecifiedfortheconsignment and a copy thereof using NCR or carbon paper or anyother form of copy authorized by the competent authority shall berequired:
(a) products of Community origin:
— wine suitable for yielding table wine,
— wine intended to be processed into quality wine psr,— grape must in fermentation,— concentrated grape must, whether or not rectified,— fresh grape must with fermentation arrested by the addition of
alcohol,
— grape juice,— concentrated grape juice,— table grapes destined for wine making;
(b) products not originating in the Community:
— fresh grapes, excluding table grapes,
— grape must,— concentrated grape must,— grape must in fermentation,— concentrated grape must, whether or not rectified,— fresh grape must with fermentation arrested by the addition of
alcohol,
— grape juice,— concentrated grape juice,— liqueur wine for the preparation of products not falling within
CN code 2204.
The same shall apply to the following products irrespective of their
origin and the quantity shipped, without prejudice to the exceptionsreferred to in Article 4:
— wine lees,
— grape marc intended for distillation or other form of industrial
processing,
— piquette,— wine fortified for distillation,— wine from grapes of varieties not listed as wine grape varieties in
theAnnextoCommissionRegulation(EEC)No3800/81(
1)forthe
administrative unit in which they were harvested,
— products which may not be offered or delivered for direct human
consumption.
Thecopyreferredtointhefirstsubparagraphshallbeforwardedbythe
swiftestmethod,notlaterthanthefirstworkingdayafterthatonwhichthegoodsleavetheplaceofloading,bytheconsignortothecompetentauthority within whose territory the place of loading falls. Thecompetentauthorityshallforwardthecopybytheswiftestmethod,notlater than the first working day after that on which it is presented, orissued if the competent authority completes it, to the competentauthority within whose territory the place of unloading falls.
(1) OJ No L 381, 31. 12. 1981, p. 1.
1993R2238 — EN — 01.09.1993 — 000.001 — 14
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TITLE II
Records
Article 11
1. Natural or legal persons and group of persons who, for whatever
purposes of their trade or commercial purposes, hold wine productsshall be required to keep inwards and outwards registers in respect ofthose products, hereinafter referred to as ‘records'.
However:
(a) records need not be kept by:
— retailers,
— those selling drinks for consumption only on the premises;
(b) entry in records shall not be required for wine vinegar.
2. Member States may provide that:
(a) traderswhodonotholdstocksshallberequiredtokeeprecordsin
accordance with the rules and procedures they shall specify;
(b) naturalandlegalpersonsandgroupsofpersonswhoholdstocksof
or offer for sale solely wine products in small containers meetingthe conditions as regards presentation referred to in Article 4 (2)shall not be required to keep records, provided that the entry andwithdrawal of products and stocks may be checked at any time onthe basis of other supporting documents, in particular commercialdocuments used for financial accounts.
3. Persons required to keep records shall record the entry and with-
drawal of each batch of products as referred to in paragraph 1 to orfromtheirpremisesortheiraccountsandsuchoftheoperationsspeci-fiedinArticle14(1)asarecarriedout.Thosepersonsmustalsobeableto present, for each annotation in the records of the entry and with-drawal of products, a document which has accompanied the relevantconsignmentoranyothersupportingdocument,inparticularacommer-cial document.
Article 12
1. Records shall consist:
— either of fixed leaves numbered consecutively,
— or of a suitable modern accounting system, approved by the
competentauthorities,providedthattheparticularswhichshouldbeentered in the records appear therein.
However, Member States may provide that:
(a) the records kept by traders not effecting any of the operations
specifiedinArticle14(1)norperforminganyoenologicalpracticesmay take the form of the totality of the documents accompanyingthe carriage of the wine products;
(b) therecordskeptbyproducersmaytaketheformofannotationson
the reverse side of the harvest, production or stock declarationsprovided for in Commission Regulation (EEC) No 3929/87(
1).
2. The records shall be kept separately for each undertaking, on the
premises where the products are held.
However, the competent authorities may grant authorization, where
appropriate by giving instructions:
(a) where products are held in various stores belonging to the same
undertakinginthesamelocaladministrativeunitorinsuchaunitinthe immediate vicinity, for the records to be held at the registeredplace of business of the undertaking;
(1) OJ No L 369, 29. 12. 1987, p. 59.
1993R2238 — EN — 01.09.1993 — 000.001 — 15
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(b) for the keeping of the records to be entrusted to an undertaking
specializing in the subject,
on the condition that a check of the entry and withdrawal of products
andstocksattheactualplacewheretheproductsareheldispossibleatall times on the basis of other supporting documents.
Where retail stores which sell direct to the end user form part of one
and the same undertaking and are supplied by one or more centralwarehouses belonging to that undertaking, such central warehousesshall,withoutprejudicetoArticle11(2)(b),besubjecttotheobligationto keep records; deliveries to the said retail stores shall be entered insuch records as withdrawals.
3. Forproductsenteredintherecordsseparateaccountsshallbekept
for:
— eachofthecategoriessetouteitherinAnnexItoRegulation(EEC)
No 822/87 or in Article 2 of Council Regulation (EEC) No 2391/89(
1),
— eachqualitywinepsrandproductsforprocessingintoqualitywines
psr made from grapes harvested in the same specified region,
— eachtablewinedesignatedbythenameofageographicalareaand
products for processing into such table wine made from grapesharvested in the same wine-growing area.
Qualitywinespsrofdifferentoriginsputupincontainersofnomore60
litres labelled in accordance with Community provisions, that areacquiredfromathirdpartyandheldwithaviewtosalemaybeenteredin the same account provided that the competent authority or anyagency or body empowered by the authority has given its agreementandthatentriesandwithdrawalsofeachqualitywinepsrappearthereinindividually;thisalsoholdsfortablewinesdesignatedbythenameofageographical area.
Whenaqualitywinepsrisdowngraded,thisshallbementionedinthe
records.
4. Member States shall determine the maximum percentages which
losses resulting from evaporation in the course of warehousing,processing operations or changes in product category may represent.
Where actual losses exceed:
— during carriage, the tolerances referred to in Annex II (B) (1.2),
and
— in the cases referred to in the first subparagraph, the maximum
percentages fixed by the Member States,
theholderoftherecordsshallreportthisinwriting,withinaperiodlaid
downbytheMemberStates,tothecompetentauthorityfortheterritoryin question which shall take the necessary measures.
MemberStatesshallspecifythemethodwherebyentriesaretobemade
in the records concerning:
— the personal consumption of the producer or his family,
— any accidental changes in the volume of products.
Article 13
1. For every entry or withdrawal of products the records shall give:
— thecontrolnumberoftheproductwheresuchanumberisprovided
for in Community or national provisions,
— the date of the operation,— the actual quantity entered or withdrawn,— the product concerned, described in accordance with the relevant
Community and national provisions,
(1) OJ No L 232, 9. 8. 1989, p. 10.
1993R2238 — EN — 01.09.1993 — 000.001 — 16
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— a reference to the document accompanying or which has accompa-
nied the consignment in question.
In the cases referred to in Article 7 (5), a reference to the document
under cover of which the product was previously transported shall beentered in the register of withdrawals.
2. Onceayear,atadatewhichmaybefixedbytheMemberStates,
the records of entry and withdrawal of products must be closed. Aninventory of stocks shall be made in the framework of the annualbalance sheet. Existing stocks must be recorded as an entry in therecords at a date following the annual balance sheet. If the annualbalance sheet shows differences between the theoretical stocks and theactual stocks, this must be noted in the closed books.
Article 14
1. The records shall mention the following operations:
— increasing the alcoholic strength,
— acidification,— de-acidification,— sweetening,— coupage,— bottling,— distillation,— the production of sparkling wine, aerated sparkling wine, semi-
sparkling wine and aerated semi-sparkling wine,
— the production of liqueur wine,— theproductionofconcentratedgrapemust,whetherornotrectified,— the treatament with potassium ferrocyanide,— treatment with oenological carbon,— fortifying wine for distillation,— other processes involving the addition of alcohol,— processing into a product of any other category, in particular into
aromatized wine.
Where an undertaking is granted authorization to keep simplified
records as referred to in the second subparagraph of Article 12 (1) thecompetent authority may accept duplicates of the notifications asprovided for in Article 23 of Regulation (EEC) No 822/87 made inaccordancewiththerequirementsofCommissionRegulation(EEC)No2240/89(
1)asequivalenttoentriesintherecordsfortheoperationsof
increasing alcoholic strength, acidification and de-acidification.
2. Foreachoftheoperationsspecifiedinparagraph1,recordsother
than those referred to in paragraph 3 shall mention:
— the operation carried out and the date,
— the nature and the quantities of the products used,— the quantity of product obtained by means of the operation,— the quantity of product used in increasing the alcoholic strength,
acidification and de-acidification, sweetening and fortifying fordistillation,
— the description of the products before and after the operation, in
accordance with the relevant Community or national provisions,
— themarkingsonthecontainersinwhichtheproductsenteredinthe
recordswerecontainedbeforetheoperationandarecontainedafterthe operation,
— inthecaseofbottling,thenumberofbottlesfilled,theircontentand
the batch number,
(1) OJ No L 215, 26. 7. 1989, p. 16.
1993R2238 — EN — 01.09.1993 — 000.001 — 17
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— inthecaseofcontractbottling,thenameandaddressofthebottler
within the meaning of Article 4 of Commission Regulation (EEC)No 2202/89(
1).
Where a change occurs in a product without its undergoing one of the
operations referred to in the first subparagraph of paragraph 1, inparticular in the case of fermentation of grape must, the quantities andthe type of product obtained after the change shall be noted in therecords.
When wine is fortified for distillation, the information specified in the
first indent of Article 25 (2) and the fifth indent of Article 27 (2) ofRegulation (EEC) No 2046/89 must also be entered in the records.
3. For the production of sparkling wine, the registers of cuvées
referred to in the second subparagraph of Article 6 (2) of CouncilRegulation(EEC)No2332/92(
2)shallrecord,foreachcuvéeprepared:
— the date of preparation,
— thedateofbottlingforqualitysparklingwinesandqualitysparkling
wines psr,
— the volume of the cuvée and the description, the volume and the
actual and potential alcoholic strength of each of its constituents,
— each of the practices listed in Article 4 of Regulation (EEC) No
2332/92,
— the amount of ‘liqueur de tirage'used,— the amount of sweetener used,— the number of bottles obtained, specifying where appropriate the
type of sparkling wine, using a term relating to its residual sugarcontent provided the term appears on the label.
4. For production of liqueur wine, the records shall show for each
batch being prepared:
— thedateofadditionofanyoftheproductslistedinpoint14(i),(ii)
or (iii) of Annex I to Regulation (EEC) No 822/87,
— the nature and the volume of the product added.
Article 15
1. Holdersofrecordsshallberequiredtokeepindividualrecordsor
accounts of the entry and withdrawal of the following products andmaterials held by them for whatever purpose, including use on theirown premises:
— sucrose,
— concentrated grape must,— rectified concentrated grape must,— products used for acidification,— products used for de-acidification,— spirits distilled from wine.
Thekeepingofindividualrecordsoraccountsshallnotprovideexemp-
tion from the notifications referred to in Article 23 (2) of Regulation(EEC) No 822/87.
2. Theindividualrecordsoraccountsreferredtoinparagraph1shall
show separately for each product:
(a) in respect of entries:
— thenameorbusinessnameandaddressofthesupplier,referring
whereappropriatetothedocumentwhichaccompaniedcarriageof the product,
(1) OJ No L 209, 21. 7. 1989, p. 31.
(2) OJ No L 231, 13. 8. 1992, p. 1.
1993R2238 — EN — 01.09.1993 — 000.001 — 18
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— the quantity concerned,
— the date of entry;
(b) in respect of withdrawals:
— the quantity concerned,
— the date or use or withdrawal,— where appropriate, the name or business name and address of
the consignee.
Article 16
1. The particulars indicated below shall be entered in the individual
records or accounts as follows:
— thosereferredtoinArticles11,12and13,inthecaseofentries,not
later than the working day following reception and, in the case ofwithdrawals,notlaterthanthethirdworkingdayfollowingdispatch,
— those referred to in Article 14, not later than the first working day
following the operation and for those particulars relating to enrich-ment, on the day itself,
— those referred to in Article 15, in the case of entries and with-
drawals, not later than the working day following reception ordispatch and, in the case of uses, the day of use.
However, Member States may authorize longer time limits not
exceeding 30 days, particularly where computerized records are used,providedthatacheckcanstillbemadeonentries,withdrawalsandtheoperations referred to in Article 14 at any time on the basis of othersupportingdocumentsandthatthesedocumentsareconsideredreliablebythecompetentauthorityoranagencyorabodyempoweredbythatauthority.
2. Notwithstandingthefirstsubparagraphofparagraph1andsubject
toanyprovisionsadoptedbytheMemberStatespursuanttoArticle17,consignments of the same product may be entered in the withdrawalregisterintheformofamonthlytotalwheretheproductisputupsolelyin the containers referred to in point (a) of point 2 of Article 4.
Article 17
1. Member States may authorize adaptation of existing records and
lay down additional rules or more stringent requirements for thekeeping and checking of records. In particular, they may require thatseparateaccountsbekeptforspecifiedproductsorthatseparaterecordsbe kept for certain categories of product or for certain operationsspecified in Article 14 (1).
2. Where Article 5 (2) is applied, the Member State may lay down
that the competent authority may keep the records itself or entrust thetask to a body empowered to that end.
TITLE III
General and transitional provisions
Article 18
1. Member States may:
(a) makeprovisionforstockrecordstobekeptofclosingdevicesused
for putting up products in containers of a nominal volume of notmorethanfivelitresasreferredtoinpoint(a)ofpoint2ofArticle4 be released to the market on their territory, and for indicatingspecial particulars thereon;
(b) require additional information on documents accompanying
consignments of wine products produced on their territory wheresuch information is necessary for controlling the quality of qualitywines psr;
(c) lay down, where required by the application of a computerized
stockrecordssystem,theplacewherecertainobligatoryinformationistobeenteredondocumentsaccompanyingconsignmentsofwine
1993R2238 — EN — 01.09.1993 — 000.001 — 19
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productswherecarriagecommencesontheirterritory,providedthatthelayoutofthemodelsreferredtoinpoint(a)ofthefirstsubpara-graph of Article 7 (1) is not altered;
(d) permit, for carriage beginning and ending in their territory without
passingthroughtheterritoryofanotherMemberStateorofathirdcountry and for a transitional period expiring on 31 August 1996,thedetailsofthedensityofthegrapemusttobereplacedbythatofthedensityexpressedbythepotentialalcoholicstrengthin%volordegrees Oechsle;
(e) laydownthatdocumentsaccompanyingcarriagecompletedontheir
territoryshallindicatenotonlythedatebutalsothetimeonwhichcarriage started;
(f) lay down, further to point 2 of Article 4, that no document is
requiredforcarriageofgrapes,whetherornotpressed,orofgrapemust by producers who belong to a group of producers and haveproduced the grapes or grape must themselves or by a group ofproducers having the product in question in their possession or onbehalf of such producers or such a group of producers to a collec-tion point or to the wine-making establishments of that group,provided such carriage begins and ends within the same wine-growing zone and, where the product in question is intended forprocessing into quality wine psr, within the specified regionconcerned, including an immediately adjacent area;
(g) lay down:
— that the consignor is to complete one or more copies of docu-
ments accompanying carriage operations starting on their terri-tory,
— that the consignee is to complete one or more copies of docu-
ments accompanying carriage operations which began inanother Member State or in a third country and which end intheir territory.
In such cases, they shall determine the use of such copies;
(h) lay down that the derogation referred to in point (b) of point 1 of
Article 4 regarding exemption from the use of the accompanyingdocumentforcertainconsignmentsofgrapesmaynotbeappliedtocarriage beginning and ending on their territory;
(i) lay down that, in the case of the carriage referred to in Article 10
beginning on their territory and ending on that of another MemberState, the consignor must send the name and address of thecompetentauthorityoftheplaceofunloadingalongwiththecopiesmade pursuant to that Article.
2. Without prejudice to Article 21 of Directive 92/12/EEC, Member
Statesmaynot,ongroundsrelatingtotheclosingdevicesused,prohibitor hinder the movement of products put up in containers of a nominalcapacityofnotmorethanfivelitresasreferredtoinpoint(a)ofpoint2ofArticle4wheretheclosingdeviceortypeofpackagingusedappearson the list in Annex I.
However, Member States may, for products put up in their own terri-
tory, prohibit the use of certain closing devices or types of packagingappearingonthelistinAnnexIormaketheuseofsuchclosingdevicessubject to certain conditions.
Article 19
1. Without prejudice to any more stringent provisions which may
havebeenadoptedbyMemberStatesfortheapplicationoftheirlegisla-tion or national procedures laid down for other purposes, the adminis-trative documents, the simplified accompanying documents, thecommercial documents and the copies required under this Regulationmust be kept for at least five years from the end of the calendar yearduring which they were completed.
2. The records provided for in this Regulation and the documents
concerningtheoperationsenteredthereinmustbekeptforatleastfiveyears after the accounts to which they refer have been closed.
1993R2238 — EN — 01.09.1993 — 000.001 — 20
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Whereinarecordoneormoreaccountsrelatingtoinsignificantquant-ities of wine are not yet closed, such accounts may be carried over toanotherrecord,areferencetosuchcarry-overbeingmadeintheoriginalrecord.
In such case, the period of five years prescribed in the first subpara-
graph shall begin on the day of the carryover.
Article 20
1. Each Member State shall notify the Commission of:
— the name and address of the authority or authorities competent for
implementation of this Regulation,
— whereappropriate,thenameandaddressofanybodiesempowered
by a competent authority for the purposes of implementing thisRegulation.
2. Each Member State shall also notify the Commission of:
— any subsequent changes concerning the competent authorities and
bodies referred to in paragraph 1,
— the measures they have taken for the purpose of implementing this
Regulation, where those measures are of specific value for thepurposes of cooperation between Member States as referred to inTitle IV of Regulation (EEC) No 2048/89.
Article 21
1. Regulation (EEC) No 986/89 is hereby repealed.2. References to the Regulation repealed by paragraph 1 shall be
construed as reference to this Regulation.
Article 22
This Regulation shall enter into force on 1 September 1993.Accompanying documents drawn up in accordance with Regulation
(EEC)No986/89maybeuseduntil31December1993inplaceofthedocuments provided for in this Regulation.
ThisRegulationshallbebindinginitsentiretyanddirectlyapplicablein
all Member States.
1993R2238 — EN — 01.09.1993 — 000.001 — 21
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ANNEX I
List of closing devices approved in the Community for small containers
filled with wine products as referred to in Article 2 (1) (h)
1. Cylindrical stoppers made of cork or other inert substance, covered or not
with a pre-moulded or foil capsule which is torn on opening.The capsule may be made of:
— aluminium,
— metal alloy,— shrink plastic,— PVC with aluminium top.
2. Flangedstoppersmadeofcorkorotherinertsubstancefullyinsertedintothe
neck of the bottle, filled with a metal or plastic capsule covering both theneck and the stopper and destroyed on opening.
3. Mushroom-shapedstoppersmadeofcorkorotherinertsubstance,securedby
ties or fastenings which must be broken on opening, the whole being some-times covered with metal or plastic foil.
4. Aluminiumortinscrewtops,filledontheinsidewithadiscincorkorinert
material and a safety seal which is torn off or destroyed on opening (pilfer-proof seals).
5. Plastic screw-top capsules.6. Tear-off caps made of:
— aluminium,
— plastic,— a combination of the above.
7. Metalcrownstoppersfittedontheinsidewithadiscincorkorinertmaterial.8. Closing devices which form part of packaging which cannot be reused after
being opened, such as:
— tin cans,
— aluminium cans,— cardboard containers,— plastic containers,— containers made of a combination of the above materials,— flexible plastic bags,— flexible bags in a combination of aluminium and plastic,— tetrahedrons in aluminium foil.
1993R2238 — EN — 01.09.1993 — 000.001 — 22
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ANNEX II
Additional instructions for completing the accompanying documents
A.General rules
1. The document must preferably be completed by typewriter. If
completed by hand, it must be filled out in a legible and indeliblemanner.
2. Thedocumentmustnotcontainanyerasuresoroverwrittenwords.The
accompanyingdocumentmaynotbeusedifanyerrorsarecommittedin completing it.
3. CopiesmusteitherbeauthenticatedphotocopiesormadeusingNCRor
carbonpaper.Anyprescribedcopyofanaccompanyingdocumentshallbe marked ‘copy'or shall bear an equivalent marking.
4. Where a document completed in accordance with the model given in
the Annex to Regulation (EEC) No 2719/92 (administrative orcommercialdocument)orwiththemodelgivenintheAnnextoRegu-lation (EEC) No 3649/92 (simplified accompanying document orcommercial document) is used to accompany a wine product notsubjecttotheformalitiesforthemovementofwineproductslaiddownbyDirective92/12/EECreferredtoinArticle3(2)(b),adiagonallinemust be entered from corner to corner of boxes which do not apply.
B.Special rules
1. Indications referring to the description of the product:
1.1. Category of the product
Indicate the category into which the products fall using an expression
conformingtoCommunityruleswhichgivesthemostaccuratedescrip-tion of the product, e.g.:
— table wine,
— quality wine psr,— grape must,— grape must for quality wine psr,— imported wine.
1.2. Actual and total alcoholic strength, density.
When the accompanying document is completed:
(a) theactualalcoholicstrengthofthewine,excludingnewwinesstill
infermentation,orthetotalalcoholicstrengthofnewwinestillinfermentationandpart-fermentedgrapemustmustbeexpressedina% vol and tenths of % vol;
(b) the refractive index of grape must must be obtained by the meas-
uringmethodrecognizedbytheCommunity.Itmustbeexpressedbythepotentialalcoholicstrengthin%vol.Thismaybereplacedby the density expressed in grams per cm
3;
(c) the density of fresh grape must with fermentation arrested by the
addition of alcohol must be expressed in grams per cm3and the
actual alcoholic strength of that product must be expressed in %vol and tenths of % vol;
(d) thesugarcontentofconcentrategrapemust,rectifiedconcentrated
grapemustandconcentratedgrapejuicemustbeexpressedbythecontent in grams, per litre and per kilogram, of total sugars;
(e) the actual alcoholic strength of grape marc and of wine lees may
alsobeindicated(optional)andexpressedinlitresofpurealcoholper decitonne.
This information must be expressed using the tables of equivalence
recognized by the Community, contained in the rules on analysismethods.
1993R2238 — EN — 01.09.1993 — 000.001 — 23
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WithoutprejudicetotheCommunityprovisionslayingdownlimitsfor
certain wine products, the following tolerances shall be allowed:
— asregardstotaloractualalcoholicstrength,atoleranceof±0,2%
vol,
— as regards density, a tolerance of six units more or less to the
fourth decimal place (± 0,0006),
— as regards the sugar content , 3 % more or less.
2. Indications referring to the net quantity:
The net quantity:
— of grapes, concentrated grape must, rectified concentrated grape
must,concentratedgrapejuice,grapemarcandwineleesintonnesor kilograms must be expressed by the symbols ‘t'or ‘kg',
— of other products in hectolitres or litres must be expressed by the
symbols ‘hl'or ‘l'.
A tolerance of 1,5 % of the total net quantity may be allowed when
indicating the quantity of products carried in bulk.
3. Other indications for the carriage of products in bulk:
3.1. Wine-growing zone
Give the wine-growing zone in which the product transported origi-
nates in accordance with Annex IV to Regulation (EEC) No 822/87,using the following abbreviations: A, B, CI (a), CI (b), CII, CIII (a)and CIII (b).
3.2. Operations performed
Indicatealsotheoperationswhichtheproductstransportedhaveunder-
gone, using the following figures in brackets:
0 : the product has undergone none of the following operations;1 : the product has been fortified;2 : the product has been acidified;3 : the product has been de-acidified;4 : the product has been sweetened;5 : the product has been fortified for distillation;6 : a product originating in a geographical unit other than that indi-
cated in the description has been added to the product;
7 : aproductobtainedfromavinevarietyotherthanthatindicatedin
the description has been added to the product;
8 : aproductharvestedduringayearotherthanthatindicatedinthe
description has been added to the product;
9 : other operations (specify).
Examples:
— ForawineoriginatinginzoneBwhichhasbeenfortified,indicate
B (1).
— For a grape must originating in zone CIII (b) which has been
acidified, indicate CIII (b) (2).
Indications regarding the wine-growing zone and the operations
performed must be made in addition to the indications regarding thedescription of the product and within the same field of vision. Thewine-growing zone need not be indicated where carriage begins inPortugal, since wine-growing zones have not yet been determined inthat Member State.
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C.Indications required for the completion of the accompanying document
referred to in Article 3 (1) (b) of this Regulation (Annex III)
Introductory note:
The model for the accompanying document given in Annex III must be
strictly respected. However, the dimensions of the boxes marked by linesand intended for the information laid down are given as a guide only.
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Consignor:fullnameandaddressincludingpostalcode 1
Referencenumber:areferencenumberwhichidentifies
the consignment in the records of the consignor (forexample, the invoice number)2
Consignee:fullnameandaddressincludingpostalcode 3
Competentauthorityatplaceofdispatch:thenameand
address of the competent authority responsible forchecking the commercial document at the place ofdispatch.Thisisonlyrequiredinthecaseofcarriagetoanother Member State or for export outside theCommunity4
Carrier:nameandaddressofthepersonresponsiblefor
organizing the first movement (if different from theconsignor)5
Other transport details :
Indicate:
(a) thetypeoftransportused(lorry,van,tanker,motor
car, railway wagon, rail tanker, aeroplane);
(b) registration number or, in the case of a ship, the
name (optional)
Date of dispatch and, where so laid down by theMember State on whose territory carriage begins, thetime of dispatch
Where there is a change from one type of transport toanother,thecarrierloadingtheproductmustindicateonthe back of the document:
— the date of dispatch,
— the type of transport used and the registration
number for vehicles and the name for ships,
— his name, forname or company name and address
including postal code
Place of delivery: the actual place of delivery if thegoodshavenotbeendeliveredtotheaddressgivenforthe consignee. For goods to be exported, one of thewordings given in Article 8 (2) must be entered7
Description of the product carried in accordance with
Regulations(EEC)No2392/89and(EEC)No3201/90and any national rules which apply, in particularcompulsory indications8
Packages and description of goods: identification
numbers and number of external packages, number ofinternal packages
The description may be continued on a separate sheetattachedtoeachcopy.Apackinglistcouldbeusedforthis purpose
For bulk carriage:
— of wine, the actual alcoholic strenght,
— of non-fermented products, the refractive index or
density,
— of products in fermentation, the total alcoholic
strenght,
— ofwineswitharesidualsugarcontentofmorethan
four grams per litre, in addition to the actual alco-holic strenght, the total alcoholic strenght
Quantity:
— for products in bulk, the total net quantity,
— for packaged products, the number and nominal
volume of the containers used9
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AdditionalinformationlaiddownbytheMemberState
of dispatch: where such information is laid down, theinstructions of the Member State concerned must becomplied with; if not, enter a diagonal line in this box10
Certificate of designated origin or of provenance: see
Article 711
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ANNEX III
Commercial document to accompany of wine products

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ANNEX IV
SPECIAL STAMP