Commission Regulation (EC) No 884/2001 of 24 April 2001 laying down detailed rules of application concerning the documents accompanying the carriage of wine products and the records to be kept in the wine sector
Date: 2001-04-24
Institutions: European Commission
Subjects: single market, transport authorisation, transport document, viticulture

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COMMISSION REGULATION (EC) No 884/2001

of 24 April 2001

laying down detailed rules of application concerning the documents accompanying the carriage of
wine products and the records to be kept in the wine sector

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1493/1999 of
17 May 1999 on the common organisation of the market in
wine (1), as amended by Regulation (EC) No 2826/2000 (2)
and in particular Article 70(3) thereof,

Whereas:

(1)

(2)

(3)

In view of the establishment of the single market in the
Community, which entails the abolition of boundaries
between Member States, the authorities responsible for
supervising
and marketing of wine
products must have the necessary means to carry out
effective checks in accordance with uniform rules laid
down at Community level.

stocking

the

Under Article 70(1) of Regulation (EC) No 1493/1999,
wine products may be put into circulation within the
Community only if
accompanied by an officially
checked accompanying document. Under Article 70(2)
natural or legal persons who hold wine products are to
inwards and outwards
be obliged to keep goods
registers in respect of those products.

arrangements

Steps towards tax harmonisation within the Community
have been taken by Council Directive 92/12/EEC of 25
February 1992 on the general
for
products subject
to excise duty and on the holding,
movement and monitoring of such products (3), as last
amended by Directive 2000/47/EC (4) and Commission
Regulations (EEC) No 2719/92 of 11 September 1992
on the accompanying administrative document for the
movement under duty-suspension arrangements of
products subject to excise duty (5), as last amended by
Regulation (EEC) No 2225/93 (6),
and (EEC) No
3649/92 of 17 December 1992 on a simplified
the
accompanying document
intra-Community
for
movement of products subject
to excise duty which
have been released for consumption in the Member
State of dispatch (7). In order to establish uniform rules
applicable within the Community and to simplify
administrative formalities for businesses and individuals,

(4)

(5)

(6)

the Community rules should be reviewed in the light of
experience and of the requirements of the single market.
In particular, documents accompanying the carriage of
wine products for tax purposes should also be used to
guarantee the authenticity of the products concerned.

The abovementioned provisions concerning the drawing
up of accompanying administrative documents and the
simplified accompanying document refer to rules on the
certification of the origin and quality of certain types of
wine. The rules for such certification should therefore
be laid down. Rules must also be laid down for the
certification of the origin of certain wines for carriage
not subject to tax formalities, in particular for export. In
order
for
individuals and to remove the burden of routine tasks
from the competent authorities, provision should be
made for the latter to authorise consignors fulfilling
certain conditions to enter the wording certifying the
origin of
the wine in the accompanying document,
without prejudice to completion of the relevant checks.

administrative

formalities

simplify

to

subject

The carriage of wine products not
to the
abovementioned tax formalities should be accompanied
by a document to enable the competent authorities to
such products. Any
monitor
commercial document containing the details necessary
for
tracking its
movements may be recognised for that purpose.

identifying the product

the movement

and for

of

The monitoring of wine products transported in bulk
requires particular care since such products are more
susceptible to fraudulent practices than are labelled,
fitted with a non-reusable closing
bottled products
device. Additional
information and prior validation of
the accompanying document should be required in such
cases.

(1) OJ L 179, 14.7.1999, p. 1.
(2) OJ L 328, 23.12.2000, p. 2.
(3) OJ L 76, 23.3.1992, p. 1.
(4) OJ L 193, 29.7.2000, p. 73.
(5) OJ L 276, 19.9.1992, p. 1.
(6) OJ L 198, 7.8.1993, p. 5.
(7) OJ L 369, 18.12.1992, p. 17.

(7)

In order to avoid needlessly complicating administrative
formalities, no document should be required for carriage
meeting certain criteria.

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(8)

(9)

(10)

the

registers

The documents accompanying the carriage of wine
products and the relevant entries made in the registers
constitute a whole. In order to ensure that by consulting
the
able
effectively to monitor the movement and stocking of
of
wine
cooperation between those authorities in the different
Member States,
the rules concerning the keeping of
records should be harmonised at Community level.

in particular

competent

authorities

products,

in the

course

are

The substances used in certain oenological practices,
especially enrichment, acidification and sweetening, are
fraudulent use.
particularly open to the danger of
therefore be kept concerning those
Records must
substances
to
supervise their movement and use.

to enable the competent authorities

The accompanying document for the carriage of wine
products laid down by Community rules is a very useful
information for the bodies responsible for
source of
ensuring compliance with Community and national
rules in the wine sector. Member States should be
allowed to lay down additional rules for the purpose of
applying this Regulation for carriage beginning on their
own territory.

(11) Article 18(1) of Commission Regulation (EEC) No
2238/93 of 26 July 1993 (1) on the documents
accompanying the carriage of wine products and the
records to be kept in the wine sector, as last amended
by Commission Regulation (EC) No 1592/1999 of 20
July 1999 (2), introduces the possibility for the Member
States to lay down additional or specific provisions for
the products in question in circulation on their territory.
One of those provisions stipulates that details of the
for a transitional
density of grape may be replaced,
period, by a reference to the density expressed in
degrees Oechsle. That
transitional period originally
expired on 31 August 1996 and was extended until 31
July 2000. This traditional practice is used mainly by
small agricultural producers who still need several years
to adopt the new rules on density. The date in question
should therefore be replaced by 31 July 2002.

operators, Article 4(2) of this Regulation should enter
into force six months later in Italy.

(13)

The measures provided for in this Regulation are in
the Management
accordance with the opinion of
Committee for Wine,

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation lays down detailed rules

1.
the
application of Article 70 of Regulation (EC) No 1493/1999
with regard to accompanying documents for the carriage of
wine products without prejudice to the application of Directive
92/12/EEC. It lays down:

for

(a) rules for certifying the origin of quality wines produced in
table wines
specified regions and the provenance of
entitled to a geographical
indication in the documents
accompanying the carriage of these wines, which are also
rules based on Directive
issued under Community
92/12/EEC;

(b) rules for issuing documents accompanying the carriage of
the wine products listed in Article 1(2) of Regulation (EC)
No 1493/1999:

(cid:151) inside a Member State, where such consignments are
required under

not accompanied by a document
Community rules based on Directive 92/12/EEC,

(cid:151) on exportation to a third country,

(cid:151) in intra-Community trade when:

(cid:151) transport is carried out by a small producer not
required to draw up a simplified accompanying
document by the Member State where transport
begins, or

(cid:151) when the wine product being transported is not

subject to excise duty;

(12)

The Italian version of Commission Regulation (EC) No
2238/93 as published in the Official Journal
in 1993
contains an error. The first subparagraph of Article 4(2)
of the Italian version of the Regulation refers to Article
9 of Directive 92/12/EEC rather
than to Directive
92/12/EEC in its entirety. The Italian authorities applied
the Italian version of the Regulation and in order to
permit them to take the steps necessary to apply the
for
new, corrected text without creating difficulties

(c) additional provisions for drawing up:

(cid:151) the accompanying administrative document or

the

commercial document used in its place,

(cid:151) the

simplified

accompanying

document

or

the

commercial document used in its place

(1) OJ L 200, 10.8.1993, p. 10.
(2) OJ L 188, 21.7.1999, p. 33.

intended to accompany the carriage of the wine products
listed in Article 1(2) of Regulation (EC) No 1493/1999.

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2.
This Regulation also lays down rules on the keeping of
records of entry and withdrawal by persons holding wine
products in the course of their occupation.

(j)

(cid:145)bottler(cid:146) means a natural or legal person or a group of such
persons carrying out bottling or having bottling carried out
on their behalf.

Article 2

D e f i n i t i o n s

TITLE I

Accompanying documents for the carriage of wine
products

For the purposes of this Regulation:

Article 3

(a)

(cid:145)competent authority(cid:146) means an authority made responsible
by a Member State for
this
Regulation;

the implementation of

(b)

(c)

(d)

(e)

(cid:145)producer(cid:146) means any natural or legal person or group of
such persons who has or has had in his possession fresh
grapes, grape must or new wine still in fermentation, and
who processes them or has them processed on his behalf
into wine;

(cid:145)small producer(cid:146) means a producer who produces on
average less than 1 000 hectolitres of wine per year.
Member States shall consider the average production level
over at least three consecutive years. Member States need
not consider as small producers producers who buy fresh
grapes or grape must to process them into wine;

(cid:145)retailer(cid:146) means any natural or legal person or group of
such persons whose business activity includes the sale
directly to the consumer of wine in small quantities, to be
defined by each Member State, having regard to the special
features of trade and distribution, but not those who use
cellars equipped for storing and, if appropriate, facilities for
bottling wines
in large quantities or who engage in
itinerant trading in wine transported in bulk;

(cid:145)accompanying
a
document meeting the requirements of Regulation (EEC)
No 2719/92;

document(cid:146) means

administrative

All natural or legal persons, groups of persons, including
1.
traders who do not hold stocks, who have their domicile or
registered place of business within the customs territory of the
Community and who transport a wine product or have a wine
product transported shall draw up on their own responsibility
a document to accompany such transport, hereinafter called
(cid:145)the accompanying document(cid:146).

The accompanying document
the
following information in accordance with the instructions set
out in Annex II:

include at

shall

least

(a) name and address of consignor;

(b) name and address of consignee;

(c) a reference number for the purpose of

identifying the

accompanying document;

(d) the date the document was drawn up and the date of

dispatch where this differs from the former;

(e)

the trade description of
accordance with Community and national rules;

the product being carried in

(f)

the quantity of product being transported;

The document shall also include, for carriage in containers of a
nominal volume of more than 60 litres:

(f)

(cid:145)simplified accompanying document(cid:146) means a document
meeting the requirements of Regulation (EEC) No 3649/92;

(g)

in the case of:

(g)

(cid:145)a trader who does not hold stocks(cid:146) means a natural or
legal person or a group of such persons buying or selling
wine products on a professional basis but having no
premises for the storage of such products;

(cid:151) wine: the actual alcoholic strength,

(cid:151) non-fermented products:

the refractive index or the

density,

(cid:151) new wine still

in fermentation and grape must

in

fermentation: the total alcoholic strength;

(h) (cid:145)recognised closing device(cid:146) means a closing device for
containers of a nominal capacity of five litres or less, as
listed in Annex I;

(h)

in the case of wines and grape must:

(i)

(cid:145)bottling(cid:146) means putting the products in question up for
commercial purposes
in containers of a capacity not
exceeding 60 litres;

(cid:151) the wine-growing zone

in accordance with the
demarcation shown in Annex III to Regulation (EC) No
1493/1999 from which the
transported product
originates, using the following abbreviations: A, B,
CI(a), CI(b), CII, CIII(a) and CIII(b),

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(cid:151) the operations referred to in Annex II which the

products transported have undergone.

The following shall be recognised as accompanying

2.
documents:

(a)

for products subject to the formalities regarding movement
laid down by Directive 92/12/EEC:

release into circulation with the
(cid:151) in the case of
suspension of
an administrative or
commercial document drawn up in accordance with
Regulation (EEC) No 2719/92,

excise duty,

(cid:151) in the case of intra-Community movement and release
for consumption in the Member State of dispatch, a
simplified accompanying document or a commercial
document completed in accordance with Regulation
(EEC) No 3649/92;

(b) for products not

subject

to the formalities

laid down by Directive 92/12/EEC,

regarding
each
movement
document containing as a minimum the information
referred to in paragraph 1, as well as any additional
information required by the Member States and drawn up
in accordance with this Title.

3. Member States may require the accompanying document
for the transport of products as referred to in paragraph 1
commencing on their territory to be drawn up in accordance
with the model set out in Annex III.

Where transport begins and ends on their territory, Member
accompanying
States may waive
documents be divided into boxes and that the information be
numbered as in the model set out in Annex III.

requirement

that

the

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

Reference numbers shall
form part of a continuous series.
They shall be pre-printed on the documents accompanying the
consignment.

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

(cid:151) by means of the stamp of the competent authority of the

Member State in which transport begins, or

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

Article 4

Notwithstanding Article 3(1), no document shall be required to
accompany:

1.

in the case of wine products in containers of a nominal
volume of more than 60 litres, consignments of:

(a) grapes, whether or not pressed, or grape must,
transported by the grape producers themselves on their
behalf
another
establishment belonging to them, where the total road
distance does not exceed 40 km and such transport is:

from their

vineyards

own

or

(cid:151) in the case of

individual producers:

to their

wine-making establishments,

(cid:151) in the case of producers belonging to groups: to

the group’s wine-making establishment.

In exceptional cases, the 40 km maximum distance
may be increased to 70 km by the competent
authorities;

(b) grapes, whether or not pressed,

transported by the
themselves or on their behalf by third
from their own

producers
parties other than the consignees,
vineyards:

(cid:151) where

such transport

to the wine-making
is
establishment of the consignee located within the
same wine-growing zone, and

(cid:151) where the total road distance does not exceed 40
km. In exceptional cases the competent authorities
may extend this maximum distance to 70 km;

(c) wine vinegar;

(d) any product, where the competent authority has
authorised such transport, within the same local
administrative unit or to a local administrative unit in
the immediate vicinity or, if an individual authorisation
transport within the same regional
has been given,
administrative unit, where the product:

(cid:151) by the consignor by means of the prescribed stamp or the
mark of a stamping machine approved by the competent
authority.

(cid:151) is transported between two establishments of the
to the application of

same undertaking, subject
Article 12(2)(a), or

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(cid:151) does not change owner and where the transport is
of wine-making,

purpose
effected
processing, storage or bottling;

the

for

(e) grape marc and wine lees:

(cid:151) to a distillery, where the product is accompanied
by a delivery note laid down by the competent
authorities of the Member State where transport
begins, or

(cid:151) where transport

is effected for the purpose of
withdrawing the product
from the wine-making
process under Article 27(7) of Regulation (EC) No
1493/1999;

2.

in the case of products in containers of a nominal volume
of 60 litres or less, and subject to Directive 92/12/EEC,
consignments of:

(a) products in labelled containers fitted with a recognised
non-reusable
closing device bearing an indication
enabling the bottler to be identified and of a nominal
volume of five litres or less, where the total quantity
does not exceed:

private individuals, must be able at any time to prove the
the entries laid down for the records
accuracy of all
provided for in Title II or other records required by the
Member State concerned.

Article 5

1. Where the competent authority finds that a natural or
legal person, or a group of such persons, who transports a
wine product or causes a wine product to be transported has
committed a serious infringement of Community rules in the
wine sector or national provisions adopted pursuant thereto,
or where that authority has a justified reason for suspecting
such an infringement, it may require the following procedure
to be applied:

The consignor shall complete the accompanying document
and request validation by the competent authority. Validation,
when granted, may be linked to conditions on the future use
of the product. It shall comprise the stamp, the signature of
the official of the competent authority and the date.

(cid:151) five litres in the case of concentrated grape must,

whether or not rectified,

The above procedure shall also apply for the transport of
products the production conditions or composition of which
do not conform to Community or national rules.

(cid:151) 100 litres for all other products;

(b) wine

or

grape

diplomatic
representations, consulates and similar establishments,
within the limits of the allowances granted them;

intended

juice

for

For all carriage within the customs territory of

2.
Community of
circulation, the accompanying document shall include:

the
released into free

third country products

(c) wine or grape juice:

(cid:151) the number of

the VI 1 document,

accordance with Commission Regulation
883/2001 (1),

completed in
(EEC) No

(cid:151) contained in private household removals, and not

intended for sale,

(cid:151) on board ships, aircraft or trains to be consumed

there;

(cid:151) the date on which the document was completed,

(d) wine and grape must in fermentation transported by
the personal
private individuals and intended for
consumption of
the consignee’s
the consignee or
family, other than consignments as referred to in (a),
where the quantity transported does not exceed 30
litres;

(e) any product

intended for

technical
experiments, where the total quantity transported does
not exceed one hectolitre;

scientific or

(cid:151) the name and address of the authority of the third country
its

document or

authorised

the

completed
having
completion by a producer.

All

persons

3.
accompanying
documents for transport of a wine product and persons who
have held such products shall keep a copy of such documents.

completing

bodies

or

(f) commercial samples;

(g) samples for an official agency or laboratory.

In the case of exemption from the requirement to provide
any accompanying document referred to in (a) to (e), the
than retailers or private individuals
consignors, other
to other
disposing from time to time of

the product

Article 6

1.
The accompanying document shall be considered duly
includes the information laid down in
completed when it
Article 3(1) of this Regulation. Where a document conforming
to Regulation (EEC) No 2719/92 or Regulation (EEC) No

(1) See page 1 of this Official Journal.

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it

shall,

accompanying

in addition, contain all

3649/92 is used,
the
information laid down in Article 3(1) of this Regulation. In
addition, for the transport to a distillery of wine fortified for
distillation, the accompanying administrative document or the
simplified
commercial
documents in place of the two latter documents must satisfy
the
and 70(2)(e) of
Commission Regulation (EC) No 1623/2000 of 25 July 2000
laying down detailed rules for implementing Regulation (EC)
No 1493/1999 on the common organisation of the market in
wine with regard to market mechanisms (1).

requirements of Articles 68(2)(a)

document

the

or

The accompanying document may be used only for a

2.
single transport operation.

A single accompanying document may be completed to
accompany the transport in a single consignment from one
and the same consignor to one and the same consignee of:

(cid:151) two or more batches of the same category of product, or

(cid:151) two or more batches of different categories of product
provided they are put up in labelled containers of a
nominal volume of 60 litres or less and fitted with a
recognised
an
indication enabling the bottler to be identified.

non-reusable

bearing

closing

device

The documents accompanying the consignment of wine
date on which transport

indicate

the

3.
products must
commences.

In the case referred to in Article 5(1) or where the document
accompanying the consignment is completed by the competent
transport
authority,
commences not later than the fifth working day following the
date of validation or the date on which it is completed, as
appropriate.

shall be valid only if

the document

4. When products are transported in separate compartments
of the same transport container or are mixed during carriage, a
document must be completed to accompany each portion,
whether
a mixture. Such
in accordance with the rules laid
documents shall mention,
down by each Member State, the use of the product of mixing.

transported separately or

as

consignors
or
by Member

be
empowered
However,
single
States
authorised
accompanying document for the whole product of mixing. In
such cases the competent authority shall give appropriate
instructions as to how proof is to be furnished concerning the
category, origin and quantity of the various loads.

persons may

complete

to

a

and national rules in the wine sector shall take the measures
necessary:

(cid:151) to regularise such transport, either by correcting any

material errors or by completing a new document,

(cid:151) where

appropriate,

in
to penalise
proportion to their seriousness, in particular by applying
Article 5(1).

irregularities

any

subparagraph shall

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

stamp documents

In the event of serious or repeated irregularities, the competent
regional or local authority for the place of unloading shall
inform the competent regional or local authority for the place
of loading.
In the case of transport inside the Community,
such information shall be forwarded in accordance with
Commission Regulation (EC) No 2729/2000 of 14 December
2000 laying down detailed implementing rules on controls in
the wine sector (2).

6. Where it is impossible to regularise transport operations
within the meaning of the first subparagraph of paragraph 5,
the competent authority or the agency that discovered the
inform the
irregularity shall hold up the transport.
consignor that
the
consequences incurred. These measures may include a ban on
marketing the product.

is being held up and of

the transport

It shall

7. Where part or all of a product carried under cover of an
accompanying document is refused by the consignee, the latter
shall write the words (cid:145)refused by the consignee(cid:146) on the back of
together with the date and the consignee’s
the document,
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 redispatched.

Article 7

Accompanying documents shall be regarded as certifying
1.
the designation of origin of quality wines psr or
the
provenance of table wines entitled to a geographical indication
when duly completed:

5. Where it is found that a consignment which must be
accompanied by a document is being transported without such
a document or under cover of a document containing false,
erroneous or incomplete particulars, the competent authority
of the Member State where this is discovered or any other
agency responsible for ensuring compliance with Community

(cid:151) by consignors who are themselves the producer of the
wine transported and who neither acquire nor sell wine
products obtained from grapes harvested in wine-growing
areas other than those whose names they use to designate
wine obtained from their own production,

(1) OJ L 194, 31.7.2000, p. 45.

(2) OJ L 316, 15.12.2000, p. 16.

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(cid:151) by consignors not covered by the first indent, provided
that the accuracy of the particulars has been certified on
the accompanying document by the competent authority
information contained in the
on the basis of
documents accompanying previous consignments of
the
products in question,

the

(cid:151) under Article 5(1), provided the following requirements are

met:

(a)

(i)

accompanying document

the
accordance with the model laid down for:

is

completed in

(cid:151) the

accompanying administrative document
given in the Annex to Regulation (EEC) No
2719/92, or

(cid:151) the simplified accompanying document given
in the Annex to Regulation (EEC) No 3649/92,
or

(cid:151) the accompanying document set out in Annex

III to this Regulation; or

(e)

in the case of consignments from a Member State
the
which is not
accompanying document under cover of which the
product is consigned shall certify the designation of
origin or the geographical indication where it indicates:

the producer Member State,

(cid:151) the reference number,

(cid:151) the date on which it was completed,

(cid:151) the name and address of the authority referred to
on the documents under cover of which the
product was transported before being redispatched
and in which the designation of origin or the
geographical indication has been certified.

Member States may make the certification of
the
designation of origin of quality wines psr and the
provenance of table wines produced on their territory
compulsory.

The competent authorities of each Member State may
2.
in
permit
consignors
paragraph 3 to fill
the
certification of designation of origin or of provenance on the
accompanying document, provided such certification:

set out
satisfying the
in themselves, or have pre-printed,

conditions

(ii) where transport does not cross the territory of
the documents

another Member State, one of
referred to in Article 3(2)(b);

(a)

is validated in advance by the stamp of the competent
authority, the signature of the person responsible and the
date, or

(b) the following is entered in the appropriate place on the

(b)

accompanying document:

(cid:151) for quality wines psr:

(cid:145)This document certifies the

origin of the quality wines psr set out herein(cid:146),

is validated by the consignors themselves by means of a
special stamp authorised by the competent authority and
conforming to the model set out in Annex IV; the stamp
may be pre-printed on the forms provided they are printed
by a print-shop approved for that purpose.

(cid:151) for

table wines

geographical
entitled
indication: (cid:145)This document certifies the provenance
of the table wines set out herein(cid:146);

to

a

(c)

the entries referred to in (b) are validated by the
competent authority by means of its stamp, the date
and the
the person responsible, as
applicable:

signature of

(cid:151) on copies 1 and 2 where the model referred to in
the first and second indents of (a)(i) is used, or

(cid:151) on the original of the accompanying document and
on a copy where the model set out in Annex III or
another document as referred to in Article 3(2)(b)
is used;

(d) the reference number of the accompanying document

has been assigned by the competent authority;

The authorisation referred to in paragraph 2 shall be

3.
granted only to consignors:

(cid:151) who regularly dispatch quality wines psr and/or table

wines entitled to a geographical indication, and

(cid:151) after it is ascertained, following an initial request, that the
inward and outward registers are kept in accordance with
Title II and thus enable the accuracy of the particulars in
the documents to be checked.

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

4.
Consignors to whom the authorisation referred to in
paragraph 2 is granted shall be obliged to take all necessary
steps to safeguard the special stamp or the forms bearing the
stamp of the competent authority or the special stamp.

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5.
In trade with third countries, only accompanying
documents completed in accordance with paragraph 1 on
export from the Member State of production shall certify:

(cid:151) for quality wines psr, that the designation of origin of the
complies with the relevant Community and

product
national provisions,

(cid:151) for table wines designated under Article 51(2) and (3) of
the geographical
that
the product complies with the relevant

Regulation (EC) No 1493/1999,
indication of
Community and national provisions.

However, in the case of exports from a Member State which is
not the producer Member State, the accompanying document
completed in accordance with paragraph 1 under cover of
which the product is exported shall be considered to certify
the designation of origin or the geographical indication where
it indicates:

(cid:151) the reference number,

(cid:151) the date on which it was completed, and

(cid:151) the name and address of

the authority referred to in
paragraph 1 indicated on the documents under cover of
which the product was transported before being exported
and on which the designation of origin or the geographical
indication has been certified.

6.
The accompanying document shall be considered to
certify the designation of origin of imported wine where that
document is completed in accordance with Article 5(2) using
one of
the first
the models
subparagraph of paragraph 1.

referred to in point

(a) of

(cid:151) copy No 1 shall be kept by the consignor,

(cid:151) copy No 2 shall accompany the product from the
place of loading to the place of unloading and be
handed to the consignee or his representative;

(ii) where another accompanying document is used:

(cid:151) the original of the accompanying document shall
accompany the product from the place of loading
and
his
be
representative,

consignee

handed

the

or

to

(cid:151) a copy shall be kept by the consignor.

2. Where the consignee is established outside the customs
territory of the Community, the original and a copy or, where
the document
appropriate, copies No 1 and No 2, of
accompanying the consignment shall be presented in support
of the export declaration at the competent customs office of
the exporting Member State. The customs office shall ensure
that the type, date and number of the document presented are
indicated on the export declaration and that the type, date and
number of the export declaration are indicated on the original
of the accompanying document and on the copy, or, where
appropriate, copies No 1 and 2 of
the accompanying
document.

The customs office at
from the customs
territory of the Community shall enter one of the following on
the two copies of the latter document and stamp as authentic:

the point of exit

(cid:145)UDF(cid:216)RSEL(cid:146),

(cid:145)EXPORT(cid:201)(cid:146),
(cid:145)ESPORTATO(cid:146),
(cid:145)EXPORTERAD(cid:146), (cid:145)VIETY(cid:146),

(cid:145)UITGEVOERD(cid:146),

(cid:145)AUSGEF(cid:220)HRT(cid:146),
(cid:145)ENAVHEM(cid:146),

(cid:145)EXPORTED(cid:146),
(cid:145)EXPORTADO(cid:146),

Article 8

and shall hand the stamped copies bearing the above wording
to the exporter or his representative. The latter shall ensure
that one copy accompanies carriage of the exported product.

1. Where the consignee is established within the territory of
the Community, the following rules shall apply to use of the
accompanying document:

(a) where the product transported is exempt from excise duty
the explanatory notes
remarks, of

(point 1.5, general
annexed to Regulation (EEC) No 2719/92);

(b) where a product

transported within the Community is
subject to excise duty and has already been released for
consumption in the Member State of departure (point 1.5,
general
the explanatory notes annexed to
remarks, of
Regulation (EEC) No 3649/92);

(c)

in cases not covered by (a) or (b):

3.
The references referred to in the first subparagraph of
paragraph 2 shall specify at least the type, date and number of
the document and, as regards the export declaration, the name
and address of the authority competent as regards exports.

4. Wine products which are temporarily exported under the
outward processing arrangements provided for
in Council
Regulation (EEC) No 2913/92 (1) and Commission Regulation
(EEC) No 2454/93 (2) to one of the Member States of the
European Free Trade Association (EFTA) to undergo storage,
ageing and/or packaging operations shall be accompanied by
the information sheet laid down by the recommendation of
the Customs Cooperation Council of 3 December 1963. This
sheet shall show in the boxes reserved for the description of
the product, the description in accordance with Community
and national rules and the quantities of wine carried.

(i) where an accompanying document as required for

transport as referred to under (a) and (b) is used:

(1) OJ L 302, 19.10.1992, p. 1.
(2) OJ L 253, 11.10.1993, p. 1.

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

Where the information sheet
is duly drawn up by the
competent EFTA customs office for a product as referred to in
the first subparagraph being brought back into the customs
territory of the Community, that document shall be regarded
as equivalent to the accompanying document for transport as
either of destination in the
far as
the
Community or of release for home use, provided that
the
in the box (cid:145)Description of goods’,
document contains,
information specified in the first subparagraph.

customs office

the

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

For quality wines psr and table wines entitled to a
5.
geographical
indication exported to third countries under
cover of an accompanying document in accordance with this
Regulation, the said document, equivalent to a certificate of
origin or provenance of the products, must be presented in
support of any other documents, to the satisfaction of the
competent authority, when such wines are placed in free
circulation in the Community, where the wine in question
does not meet the conditions in paragraph 2 or constitute
goods returned within the meaning of Regulation (EEC) No
2913/92 and its implementing provisions. Provided that the
supporting documents are deemed satisfactory the customs
office concerned shall endorse a copy or photocopy of the
certificate of designation of origin furnished by the consignee
or his representative and return it to him for the purposes of
this Regulation.

Article 9

force majeure or

some
If during transport, by reason of
unforeseen
an
accident,
accompanying document is required must be split up or is
wholly or partially lost, the carrier shall request the competent
authority where the incident or the case of force majeure took
place to make a statement of the facts.

consignment

for which

a

specified for the consignment and a copy thereof using NCR
or carbon paper or any other form of copy authorised by the
competent authority shall be required:

(a) products of Community origin:

(cid:151) wine suitable for yielding table wine,

(cid:151) wine intended to be processed into quality wine psr,

(cid:151) grape must in fermentation,

(cid:151) concentrated grape must, whether or not rectified,

(cid:151) fresh grape must with fermentation arrested by the

addition of alcohol,

(cid:151) grape juice,

(cid:151) concentrated grape juice,

(cid:151) table grapes intended for processing into products
than those referred to in Article 42(5) of

other
Regulation (EC) No 1493/1999;

(b) products not originating in the Community:

(cid:151) fresh grapes, excluding table grapes,

(cid:151) grape must,

(cid:151) concentrated grape must,

(cid:151) grape must in fermentation,

(cid:151) concentrated grape must, whether or not rectified,

(cid:151) fresh grape must with fermentation arrested by the

addition of alcohol,

(cid:151) grape juice,

(cid:151) concentrated grape juice,

(cid:151) liqueur wine for the preparation of products not falling

within CN code 2204.

shall

same

The
following products,
irrespective of their origin and the quantity transported,
without prejudice to the exceptions referred to in Article 4:

to the

apply

Wherever possible, the carrier shall also notify the competent
authority nearest to the place where the incident or the case of
force majeure took place to enable it to take the necessary steps
to regularise
transport operation in question. Such
measures may delay the transport operation in question only
for the time strictly necessary for it to be regularised.

the

Article 10

For the carriage of a quantity of more than 60 litres of one of
the document
the unpackaged wine products listed below,

(cid:151) wine lees,

(cid:151) grape marc intended for distillation or another form of

industrial processing,

(cid:151) piquette,

(cid:151) wine fortified for distillation,

(cid:151) wine from grapes of varieties not listed as wine grape
varieties in the classification drawn up by the Member
States under Article 19 of Regulation (EC) No
1493/1999 for the administrative unit in which they
were harvested,

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(cid:151) products which may not be offered or delivered for

direct human consumption.

or any other supporting document, in particular a commercial
document.

The consignor shall forward the copy referred to in the first
subparagraph by the swiftest method, not later than the first
working day after that on which the goods leave the place of
loading, to the competent authority within whose territory the
place of
loading is situated. The competent authority shall
forward the copy by the swiftest method, not later than the
first working day after that on which it is presented, or issued
if
to the competent
authority within whose territory the place of unloading is
situated.

the competent authority completes it,

TITLE II

Records

Article 11

Natural or legal persons and groups of persons who hold
1.
wine products,
for whatever professional or commercial
purposes, shall be required to keep inwards and outwards
registers for those products, hereinafter called (cid:145)records(cid:146).

However:

(a) records need not be kept by:

(cid:151) retailers,

Article 12

1.

Records shall consist:

(cid:151) either of fixed leaves numbered consecutively,

(cid:151) or of a suitable modern accounting system, approved by
the particulars

the competent authorities, provided that
which should be entered in the records appear therein.

However, Member States may provide that:

(a)

the records kept by traders not carrying out any of the
operations specified in Article 14(1) nor performing any
the
oenological practices may take the form of all
the wine
documents accompanying the
products;

transport of

(b) the records kept by producers may take the form of
annotations on the reverse side of the harvest, production
or
in Commission
declarations provided
Regulation (EC) No 1294/96 of 4 July 1996 (1).

stock

for

The records shall be kept separately for each undertaking,

2.
on the premises where the products are held.

(cid:151) those selling drinks for consumption only on the

premises;

However, the competent authorities may grant authorisation,
where appropriate by giving instructions:

(b) records shall not be required for wine vinegar.

2. Member States may provide that:

(a)

traders who do not hold stocks shall be required to keep
records in accordance with the rules and procedures they
shall specify;

(b) natural and legal persons and groups of persons who hold
stocks of or offer for sale solely wine products in small
containers meeting the presentation requirements referred
to in Article 4(2)(a) shall not be required to keep records,
provided that the entries, withdrawals and stocks may be
checked at any time on the basis of other supporting
documents, in particular commercial documents used for
financial accounts.

3.
Persons required to keep records shall record the entry
and withdrawal of each batch of products as referred to in
paragraph 1 to or from their premises and such of
the
operations specified in Article 14(1) as are carried out. Those
persons must also be able to present, for each annotation in
the records of
the entry and withdrawal of products, a
document which has accompanied the relevant consignment

(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 records to
be held at
the
undertaking;

the registered place of business of

(b) for the records to be kept by a specialist firm,

on condition that entries, withdrawals and stocks can be
checked at all times at the actual place where the products are
held on the basis of other supporting documents.

supplied by one or more

Where retailers selling direct to consumers belong to a single
undertaking and are
central
warehouses also belonging to that undertaking, such central
warehouses shall, without prejudice to Article 11(2)(b), be
obliged to keep records; deliveries to the said retailers shall be
entered in such records as withdrawals.

For products entered in the records separate accounts

3.
shall be kept for:

(1) OJ L 166, 5.7.1996, p. 14.

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(cid:151) each of

the categories set out either

Regulation (EC) No 1493/1999 or
Regulation (EC) No 883/2001,

in Annex I
to
in Article 34 of

(cid:151) the date of the operation,

(cid:151) the actual quantity entered or withdrawn,

(cid:151) each quality wine psr and products for processing into
quality wines psr made from grapes harvested in the same
specified region,

(cid:151) the product concerned, described in accordance with the

relevant Community and national provisions,

(cid:151) each table wine designated by the name of a geographical
area and products for processing into such table wine
made from grapes harvested in the same wine-growing
area.

Quality wines psr of different origins put up in containers of
no more 60 litres labelled in accordance with Community
provisions, that are acquired from a third party and held with
a view to sale, may be entered in the same account provided
an agency or body
authority or
that
empowered by that authority has given its agreement and that
entries and withdrawals of each quality wine psr appear
therein individually;
table wines
designated by a geographical indication.

this shall also apply for

competent

the

(cid:151) a

reference

to the document which accompany or

accompanied 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 be entered in the register of withdrawals.

Once a year, on a date which may be fixed by the
2.
Member States,
the records of entry and withdrawal of
products must be closed. An inventory of stocks shall be made
in the context of the annual balance sheet. Existing stocks
must be recorded as an entry in the records at a date following
the annual balance sheet. If the annual balance sheet shows
differences between the theoretical
stocks and the actual
stocks, this must be noted in the closed books.

When a quality wine psr
mentioned in the records.

is downgraded,

this

shall be

Article 14

4. Member States shall determine the maximum acceptable
percentages for losses from evaporation during warehousing,
processing operations or changes in product category.

Where actual losses exceed:

1.

The records shall mention the following operations:

(cid:151) increasing the alcoholic strength,

(cid:151) acidification,

(cid:151) during transport,
II.B.1.2, and

the tolerances

referred to in Annex

(cid:151) de-acidification,

(cid:151) in the cases referred to in the first subparagraph,
maximum percentages fixed by the Member State,

the

the holder of the records shall report this in writing, within a
period laid down by the Member States, to the competent
authority for the territory in question, which shall take the
necessary measures.

(cid:151) sweetening,

(cid:151) blending,

(cid:151) bottling,

(cid:151) distillation,

Member States shall specify how entries are to be made in the
records concerning:

(cid:151) the production of sparkling wine, aerated sparkling wine,
semi-sparkling wine and aerated semi-sparkling wine,

(cid:151) the personal consumption of the producer and his family,

(cid:151) the production of liqueur wine,

(cid:151) any accidental changes in the volume of products.

(cid:151) the production of concentrated grape must, whether or not

rectified,

Article 13

(cid:151) treatment with oenological carbon,

For every entry or withdrawal of products the records

1.
shall give:

(cid:151) treatment with potassium ferrocyanide,

(cid:151) fortifying wine for distillation,

(cid:151) the control number of the product where such a number is

required under Community or national provisions,

(cid:151) other processes involving the addition of alcohol,

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(cid:151) processing into a product of any other category,

in

particular into aromatised wine.

For production of sparkling wine, the records shall show,

3.
for each cuvØe prepared:

(cid:151) treatment by electrodialysis.

(cid:151) the date of preparation,

in Annex V.G.5.

Where an undertaking is authorised to keep simplified records
as referred to in the second subparagraph of Article 12(1) the
competent authority may accept duplicates of the notifications
as provided for
to Regulation (EC) No
1439/1999 made under Articles 22 to 29 of Commission
Regulation (EC) No 1622/2000 of 24 July 2000 laying down
certain detailed rules for implementing Regulation (EC) No
1493/1999 on the common organisation of the market in
wine and establishing a Community code of oenological
practices and processes (1) as equivalent
to entries in the
records for the operations of
increasing alcoholic strength,
acidification and de-acidification.

For each of

2.
the operations specified in paragraph 1,
records other than those referred to in paragraph 3 shall
mention:

(cid:151) the operation carried out and the date,

(cid:151) the nature and the quantities of the products used,

(cid:151) the quantity of product obtained by means of

the

operation,

(cid:151) the quantity of product used in increasing the alcoholic
strength, acidification and de-acidification, sweetening and
fortifying for distillation,

(cid:151) the description of

the
operation, in accordance with the relevant Community or
national rules,

the products before and after

(cid:151) the date of bottling for quality sparkling wines and quality

sparkling wines psr,

(cid:151) the volume of the cuvØe and the description, volume and
actual and potential alcoholic strength of each of
its
constituents,

(cid:151) each of the practices listed in Article 24 of Regulation (EC)

No 1622/2000,

(cid:151) the amount of tirage liqueur used,

(cid:151) the amount of expedition liqueur,

(cid:151) the number

of

bottles

specifying where
appropriate the type of sparkling wine, using a term
relating to its residual sugar content provided the term
appears on the label.

obtained,

For the production of

4.
show for each batch:

liqueur wine,

the records shall

(cid:151) the date of addition of any of the products listed in point
14 of Annex I.B.b to Regulation (EC) No 1493/1999,

(cid:151) the nature and the volume of the product added.

Article 15

(cid:151) the markings on the containers in which the products
entered in the records were contained before the operation
and are contained after the operation,

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

the entry and withdrawal of

(cid:151) in the case of bottling, the number of bottles filled and

their content,

(cid:151) sucrose,

(cid:151) in the case of contract bottling, the name and address of

(cid:151) concentrated grape must,

the bottler.

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

When wine is fortified for distillation, the information specified
in Article 68(2)(a) and Article 70(2)(e) of Regulation (EC) No
1623/2000 must also be entered in the records.

(1) OJ L 194, 31.7.2000, p. 1.

(cid:151) rectified concentrated grape must,

(cid:151) products used for acidification,

(cid:151) products used for de-acidification,

(cid:151) spirits distilled from wine.

The keeping of
shall not
provide exemption from the notifications referred to in Annex
V.G.5 to Regulation (EC) No 1493/1999.

records or accounts

individual

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The

2.
paragraph 1 shall show separately for each product:

records or accounts

individual

referred to in

(a)

in the case of entries:

(cid:151) the name or business name and address of

the
supplier, referring where appropriate to the document
which accompanied transport of the product,

(cid:151) the quantity concerned,

(cid:151) the date of entry;

(b)

in the case of withdrawals:

(cid:151) the quantity concerned,

(cid:151) the date of use or withdrawal,

requirements for the keeping and checking of records.
In
particular, they may require that separate accounts be kept for
specified products or that separate records be kept for certain
categories of product or for certain operations referred to in
Article 14(1).

2. Where Article 5(2)
is applied, Member States may lay
down that the records by be kept by the competent authority
or by an agency or a body empowered by that agency.

TITLE III

General and transitional provisions

(cid:151) where appropriate, the name or business name and

Article 18

address of the consignee.

Article 16

1. Member States may:

1.

The entries in the individual records or accounts:

(cid:151) as referred to in Articles 11, 12 and 13, shall be made, in
than the working day
in the case of withdrawals, not

the case of entries, not
following reception and,
later than the third working day following dispatch,

later

(cid:151) as referred to in Article 14, shall be made not later than
the first working day following the operation and, in the
case of enrichment, on the day itself,

(cid:151) as referred to in Article 15, shall be made, in the case of
entries and withdrawals, not later than the working day
following reception or dispatch and, in the case of use, on
the day of use.

However, Member States may authorise longer time limits not
exceeding 30 days, particularly where computerised records
are used, provided that a check can still be made on entries,
withdrawals and the operations referred to in Article 14 at any
time on the basis of other supporting documents and that
these documents are considered reliable by the competent
authority or an agency or body empowered by that authority.

2.
Notwithstanding the first subparagraph of paragraph 1
and subject to any provisions adopted by the Member States
under Article 17, consignments of the same product may be
entered in the withdrawal register as a monthly total where the
product is put up solely in containers as referred to in Article
4(2)(a).

Article 17

1. Member States may authorise adaptation of existing
rules or more stringent
records and lay down additional

(a) provide for stock records to be kept of closing devices
used for putting up products in containers of a nominal
volume of five litres or less as referred to in Article 4(2)(a)
be released to the market on their territory, and for
indicating special particulars thereon;

(b) require

additional

documents
accompanying consignments of wine products produced
on their territory where such information is necessary for
checks;

information

on

(c)

lay down, where
required by the application of a
computerised stock records system, the place where certain
obligatory information is to be entered on documents
accompanying consignments of wine products where
transport commences on their territory, provided that the
layout of the models referred to in point (a) of the first
subparagraph of Article 7(1) is not altered;

(d) allow, for transport beginning and ending in their territory
without passing through the territory of another Member
State or of a third country and for a transitional period
expiring on 31 July 2002, the details of the density of the
grape to be replaced by the density expressed in degrees
Oechsle;

(e)

(f)

that

down

lay
completed on their territory shall
date but also the time on which transport started;

transport
indicate not only the

accompanying

documents

further to Article 4(1), that no document

lay down,
is
required where grapes, whether or not pressed, or grape
must are transported by producers who belong to a
producer group and have produced the grapes or grape

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groups

must
themselves or by a producer group having the
in question in its possession, or where such
product
products are transported on behalf of such producers or
producer
to the
wine-making establishments of that group, provided such
transport begins and ends within the same wine-growing
zone and, where the product in question is intended for
processing into quality wine psr, within the specified
region concerned, including an immediately adjacent area;

collection point or

to a

after the accounts to which they refer have been closed. Where
one or more accounts in a record relating to insignificant
quantities of wine are not yet closed, such accounts may be
carried over to another record, provided reference is made to
such carry-over in the original record. In such case, the period
of five years referred to in the first subparagraph shall begin
on the day of the carry-over.

(g)

lay down:

Article 20

(cid:151) that the consignor is to complete one or more copies
accompanying transport operations

of documents
starting on their territory,

(cid:151) that the consignee is to complete one or more copies
of documents
accompanying transport operations
which began in another Member State or in a third
country and which end in their territory.

1.

Each Member State shall notify the Commission of:

(cid:151) the name and address of

the authority or authorities

responsible for implementing this Regulation,

(cid:151) where appropriate, the name and address of any bodies
empowered by a competent authority for the purposes of
implementing this Regulation.

In such cases, they shall determine the use of such copies;

2.

Each Member State shall notify the Commission of:

(h) lay down that the derogation referred to in Article 4(1)(b)
regarding exemption from the use of the accompanying
document for certain consignments of grapes may not be
applied to transport beginning and ending on their
territory;

(i)

lay down that, in the case of the transport referred to in
Article 10 beginning on their territory and ending on that
of another Member State, the consignor must send the
name and address of the competent authority of the place
of unloading along with the copies made under
that
Article.

2. Without prejudice to Article 21 of Directive 92/12/EEC,
Member States may not prohibit or hinder the movement of
products put up in containers of a nominal capacity of not
more than five litres as referred to in Article 4(2)(a) on
grounds relating to the closing devices used, where the closing
device or type of packaging used appears on the list
in
Annex I.

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

(cid:151) any

subsequent

changes

concerning

the

competent

authorities and bodies referred to in paragraph 1,

(cid:151) the measures

they have

this
Regulation, where those measures are of specific value for
the purposes of cooperation between Member States as
referred to in Regulation (EC) No 2729/2000.

taken to implement

Article 21

1.

Regulation (EEC) No 2238/93 is hereby repealed.

References to the Regulation repealed by paragraph 1

2.
shall be construed as reference to this Regulation.

3.
However, the Italian version of Article 4(2) of Regulation
(EEC) No 2238/93 shall remain in force in Italy until 30
September 2001.

Article 22

Article 19

Article 4(2) of this Regulation shall enter into force in Italy on
1 October 2001.

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

The

2.
the
operations entered therein must be kept for at least five years

concerning

documents

records

and

the

Article 23

into force on the third day
This Regulation shall enter
following its publication in the Official Journal of the European
Communities.

It shall apply from 1 May 2001.

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

Done at Brussels, 24 April 2001.

For the Commission

Franz FISCHLER

Member of the Commission

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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(h)

1. Cylindrical stoppers made of cork or another inert substance, covered or not with a technological structure that
can take the form of a cap or disc in particular. This technological structure must be rendered unusable again once
opened and may be made of:

(cid:151) aluminium,

(cid:151) metal alloy,

(cid:151) shrink plastic,

(cid:151) PVC with aluminium top.

(cid:151) food-grade wax, whether or not covered with other inert substances.

2.

Flanged stoppers made of cork or another inert substance fully inserted into the neck of the bottle, filled with a
metal or plastic capsule covering both the neck and the stopper and destroyed on opening.

3. Mushroom-shaped stoppers made of cork or other inert substance, secured by ties or fastenings which must be

broken on opening, the whole being sometimes covered with metal or plastic foil.

4. Aluminium or tin screw tops, filled on the inside with a disc in cork or inert 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:

(cid:151) aluminium,

(cid:151) plastic,

(cid:151) a combination of the above.

7. Metal crown stoppers fitted on the inside with a disc in cork or inert material.

8. Closing devices which form part of packaging which cannot be reused after being opened, such as:

(cid:151) tin cans,

(cid:151) aluminium cans,

(cid:151) cardboard containers,

(cid:151) plastic containers,

(cid:151) containers made of a combination of the above materials,

(cid:151) flexible plastic bags,

(cid:151) flexible bags in a combination of aluminium and plastic,

(cid:151) tetrahedrons in aluminium foil.

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ANNEX II

Additional instructions for drawing up the accompanying documents

A. General rules

1. The document must preferably be filled in by typewriter. If filled in by hand, it must be filled in in a legible

and indelible manner.

2. The document must not contain any erasures or overwritten words. The accompanying document may not be

used if any errors are made in filling it in.

3. Copies must either be authenticated photocopies or made using NCR or carbon paper. Any prescribed copy of

an accompanying document shall be marked (cid:145)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 (accompanying document or commercial document) or with the model given in the Annex to
Regulation (EEC) No 3649/92 (simplified accompanying document or commercial document)
is used to
accompany a wine product not subject to the formalities for the movement of wine products laid down by
Directive 92/12/EEC referred to in Article 3(2)(b), a diagonal line must 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 conforming to Community rules which
gives the most accurate description of the product, e.g.:

(cid:151) table wine,

(cid:151) quality wine psr,

(cid:151) grape must,

(cid:151) grape must for quality wine psr,

(cid:151) imported wine.

1.2. Actual and total alcoholic strength, density.

When the accompanying document is filled in:

(a)

(b)

(c)

(d)

(e)

the actual alcoholic strength of the wine, excluding new wines still in fermentation, or the total alcoholic
strength of new wine still in fermentation and part-fermented grape must must be expressed in % vol. and
tenths of % vol.;

the refractive index of grape must must be obtained by the measuring method recognised by the
Community. It must be expressed by the potential alcoholic strength in % vol. This may be replaced by
the density expressed in grams per cm3;

the density of fresh grape must with fermentation arrested by the addition of alcohol must be expressed in
grams per cm3 and the actual alcoholic strength of that product must be expressed in % vol. and tenths
of % vol.;

the sugar content of concentrate grape must, rectified concentrated grape must and concentrated grape
juice must be expressed by the content in grams, per litre and per kilogram, of total sugars;

the actual alcoholic strength of grape marc and of wine lees may also be indicated (optional) and
expressed in litres of pure alcohol per decitonne.

This information must be expressed using the tables of equivalence recognised by the Community, contained
in the rules on analysis methods.

Without prejudice to the Community provisions laying down limits for certain wine products, the following
tolerances shall be allowed:

(cid:151) as regards total or actual alcoholic strength, a tolerance of – 0,2 % vol.,

(cid:151) as regards density, a tolerance of six units more or less to the fourth decimal place (– 0,0006),

(cid:151) as regards the sugar content, – 3 %.

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2.

Indications referring to the net quantity:

The net quantity:

(cid:151) of grapes, concentrated grape must, rectified concentrated grape must, concentrated grape juice, grape

marc and wine lees in tonnes or kilograms must be expressed by the symbols (cid:145)t(cid:146) or (cid:145)kg(cid:146),

(cid:151) of other products in hectolitres or litres must be expressed by the symbols (cid:145)hl(cid:146) or (cid:145)l(cid:146).

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 originates in accordance with Annex III to
Regulation (EC) No 1493/1999, using the following abbreviations: A, B, CI(a), CI(b), CII, CIII(a) and CIII(b).

3.2. Operations performed

Indicate also the operations which the products transported have undergone, using the following figures in
brackets:

0:

1:

2:

3:

4:

5:

6:

7:

8:

the product has undergone none of the following operations;

the product has been enriched;

the product has been acidified;

the product has been de-acidified;

the product has been sweetened;

the product has been fortified for distillation;

a product originating in a geographical unit other than that indicated in the description has been
added to the product;

a product obtained from a vine variety other than that indicated in the description has been added to
the product;

a product harvested during a year other than that indicated in the description has been added to the
product;

9: other operations (specify).

Examples:

(cid:151) for a wine originating in zone B which has been enriched, indicate B(1),

(cid:151) 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 given in addition to
those regarding the description of the product and within the same field of vision.

C.

Information required to complete the accompanying document referred to in Article 3(3) of this Regulation (Annex III)

Introductory note:

The model for the accompanying document given in Annex III must be strictly adhered to. However, the size of
the boxes marked by lines and intended for the information laid down are given as a guide only.

No of box in model given
in Annex III

Consignor: full name and address including postal code

Reference number: a reference number which identifies the consignment in the records
of the consignor (for example, the invoice number)

Consignee: full name and address including postal code

Competent authority at place of dispatch: the name and address of the competent
authority responsible for checking the commercial document at the place of dispatch.
This is only required in the case of carriage to another Member State or for export
outside the Community.

1

2

3

4

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No of box in model given
in Annex III

Carrier: name and address of the person responsible for organising the first movement
(if different from the consignor)

Other transport details:

Indicate:

(a)

the type of transport used (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 the Member State on whose territory
carriage begins, the time of dispatch

Where there is a change from one type of transport to another, the carrier loading the
product must indicate on the back of the document:

(cid:151) the date of dispatch,

(cid:151) the type of transport used and the registration number for vehicles and the name

for ships,

(cid:151) his name, forename or company name and address including postal code

Place of delivery: the actual place of delivery if the goods have not been delivered to
the address given for the consignee. For goods to be exported, one of the wordings
given in Article 8(2) must be entered

Description of
2392/89 (1) and 3201/90 (2) and any national
compulsory indications

the product carried in accordance with Regulations

rules which apply,

(EEC) Nos
in particular

Packages and description of goods:
packages, number of internal packages

identification numbers and number of external

The description may be continued on a separate sheet attached to each copy. A
packing list could be used for this purpose

For bulk carriage:

(cid:151) of wine, the actual alcoholic strength,

(cid:151) of non-fermented products, the refractive index or density,

(cid:151) of products in fermentation, the total alcoholic strength,

(cid:151) of wines with a residual sugar content of more than four grams per litre,

in

addition to the actual alcoholic strength, the total alcoholic strength

Quantity:

(cid:151) for products in bulk, the total net quantity,

(cid:151) for packaged products, the number and nominal volume of the containers used

Additional
information laid down by the Member State of dispatch: where such
information is laid down, the instructions of the Member State concerned must be
complied with; if not, enter a diagonal line in this box

Certificate of designated origin or of provenance: see Article 7

(1) OJ L 232, 9.8.1989, p. 13.
(2) OJ L 309, 8.11.1990, p. 1.

5

6

7

8

8

9

10

11

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ANNEX III

Commercial document to accompany of wine products

1. Consignor

(Name and address)

2. Reference number

4. Competent authority at place of dispatch

(Name and adress)

3. Consignee

(Name and adress)

6. Date of dispatch

5. Carrier and other transport details

7. Place of delivery

8. Description of product

9. Quantity

10. Additional information laid down by the Member State of dispatch

11. Certificates (certain wines)

12. Record of control. For use by competent authority

Signatory's company and telephone number

Name of signatory

Place and date

Signature

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ANNEX IV

SPECIAL STAMP

1. Device of Member State.

2. Competent authority or body with territorial responsibility.

3. Authentication.