Subject matter
This Regulation lays down rules supplementing Regulations (EU) No 1306/2013 and (EU) No 1308/2013, respectively, as regards:
(a)
the scheme of authorisations for vine plantings;
(b)
the vineyard register;
(c)
recognised accompanying documents, certification and rules for imports of wine;
(d)
the inward and outward register;
(e)
compulsory declarations;
(f)
checks and the analytical databank of isotopic data;
(g)
competent authorities and mutual assistance between them;
(h)
penalties;
(i)
notifications and publication of notified information.
Definitions
1. For the purposes of this Regulation and Implementing Regulation (EU) 2018/274, the following definitions shall apply:
(a)
‘winegrower’ means a natural or legal person, or a group of natural or legal persons, whatever legal status is granted to the group and its members by national law, whose holding is situated within the Union territory, as defined in Article 52 of the Treaty on European Union in conjunction with Article 355 of the Treaty on the Functioning of the European Union, and who holds an area planted with vines where the produce of this area is used for the commercial production of wine products, or the area benefits from the exemptions for experimental purposes or for graft nurseries referred to in Article 3(2) of this Regulation;
(b)
‘wine products’ means the products listed in Part XII of Annex I to Regulation (EU) No 1308/2013, except wine vinegar falling within CN codes 2209 00 11 and 2209 00 19;
(c)
‘vineyard parcel’ means an agricultural parcel as defined in Article 67(4)(a) of Regulation (EU) No 1306/2013 planted with vines either aimed at the commercial production of wine products or benefitting from the exemptions for experimental purposes or for graft nurseries referred to in Article 3(2) of this Regulation;
(d)
‘abandoned wine-growing area’ means an area planted with vines which is no longer subject to regular cultivation with a view to obtaining a marketable product since more than five wine years, without prejudice to specific cases defined by the Member States, the grubbing up of which no longer entitles the producer to be granted a replanting authorisation in accordance with Article 66 of Regulation (EU) No 1308/2013;
(e)
‘harvester’ means a natural or legal person or a group of such persons, whatever legal status is granted to the group and its members by national law, who gathers the harvest of grapes from an area planted with vines in order to market those grapes for the production of wine products by third parties, or to process them into wine products in his holding, or have them processed on his behalf, with commercial purposes;
(f)
‘processor’ means a natural or legal person or a group of such persons, whatever legal status is granted to the group and its members by national law, by whom or on whose behalf the processing of wines is carried out, the result of which being wines, liqueur wines, sparkling and semi-sparkling wines, aerated sparkling and semi-sparkling wines, quality sparkling wines or quality aromatic sparkling wines;
(g)
‘retailer’ means a natural or legal person or a group of such persons, whatever legal status is granted to the group and its members by national law, whose business activity includes the sale directly to the consumer of wine and must in small quantities, to be defined by each Member State, having regard to the special features of trade and distribution, but excluding persons who use cellars equipped for storing or facilities for bottling wine in large quantities, and those who engage in itinerant trading in wine transported in bulk;
(h)
‘bottling’ means putting up wine as a final product for commercial purposes in containers of a capacity not exceeding 60 litres;
(i)
‘bottler’ means a natural or legal person or a group of such persons, whatever legal status is granted to the group and its members by national law, carrying out bottling of wine or having bottling carried out on his behalf;
(j)
‘merchant’ means a natural or legal person or a group of such persons, whatever legal status is granted to the group and its members by national law, other than private consumers or retailers, who holds stocks of wine products with commercial purposes or is involved in their trade and possibly also bottles them, except distilleries;
(k)
‘wine year’ means the marketing year for the wine sector as referred to in Article 6(d) of Regulation (EU) No 1308/2013.
2. For the purposes of Chapters IV to VIII of this Regulation, with the exception of Article 47, and Chapters IV to VII of Implementing Regulation (EU) 2018/274, ‘producer’ means a natural or legal person or a group of such persons, whatever legal status is granted to the group and its members by national law, who processes himself fresh grapes, musts or new wine still in fermentation into wine or must with commercial purposes, or has them processed on his behalf.
3. For the purposes of Article 10(1), ‘small producer’ means a producer who produces on average less than 1 000 hl of wine per wine year, based on the average annual production over at least three consecutive wine years.
Member States may decide that the definition of ‘small producer’ does not cover producers who buy fresh grapes, musts or new wine still in fermentation to process them into wine.
