General rules
1. For the purposes of Article 147(1) of Regulation (EU) No 1308/2013, each transport operation of wine products carried out between winegrowers, harvesters, producers, processors, bottlers or merchants, or from them to retailers, shall be covered by an accompanying document.
The operators referred to in the first subparagraph shall be able to present the accompanying document to the competent authorities throughout the transport operation.
2. The accompanying document may only be used for a single consignment.
3. Member States shall draw up and keep up-to-date a list of the operators referred to in this Article. Where such a list or register already exists for other purposes, it may also be used for the purposes of this Regulation.
Exemptions
1. By way of derogation from
Article 8
, no accompanying document shall be required in the following cases:
(a)
wine products transported from the vineyard to the winemaking premises, between two premises of the same undertaking or between the premises belonging to a group of producers, without change of the owner, provided that the transport is effected for the purpose of winemaking, processing, storage or bottling, the total road distance does not exceed 70 km and the transport takes place exclusively within the territory of a single Member State or has been approved by the competent authorities of the Member States concerned;
(b)
grape marc and wine lees:
(i)
transported to a distillery or a vinegar production plant, where the product is accompanied by a delivery note of the producer under the conditions laid down by the competent authorities of the Member State where the transport begins, or
(ii)
where the transport is effected for the purpose of withdrawing the product from the winemaking process or from any other processing of grapes under supervision by the competent authorities, as provided for in Articles 14(1)(b)(vii) and 18(2) of Implementing Regulation (EU) 2018/274;
(c)
grape juice and must falling within CN codes 2009 61 and 2009 69 delivered to operators not involved in winemaking, where the product is accompanied by a commercial document;
(d)
wine products produced and transported exclusively within the territory of Member States that are not subject to the obligation to maintain a vineyard register in accordance with Article 145(1) of Regulation (EU) No 1308/2013;
(e)
the following cases of wine products transported exclusively within the territory of a Member State in containers of a nominal volume of not more than 60 litres:
(i)
wine products in labelled containers of a nominal volume of 10 litres or less fitted with a non-reusable closing device, where the total quantity does not exceed:
—
5 litres or 5 kilograms in the case of concentrated grape must, whether or not rectified,
—
100 litres for all other products;
(ii)
wine or grape juice intended for diplomatic representations, consulates and similar establishments, within the limits of the allowances granted them;
(iii)
wine or grape juice:
—
contained in private household removals, and not intended for sale,
—
on board ships, airplanes or trains to be consumed there;
(iv)
wine, partially fermented wine, partially fermented grape must and grape must transported by private individuals and intended for the personal consumption of the consignee or the consignee's family, where the quantity transported does not exceed 30 litres;
(v)
any product intended for scientific or technical experiments, where the total quantity transported does not exceed one hectolitre;
(vi)
commercial samples;
(vii)
samples for a competent authority or designated laboratory.
2. Where an accompanying document is not required, consignors shall be able at any time to prove the accuracy of all the information recorded in their inward and outward register provided for in Chapter V or other registers required by the Member State where the transport operation begun.
Recognised accompanying documents
1. Competent authorities shall recognise the following documents as accompanying documents, provided that they comply with the conditions laid down in paragraphs 2 to 5 and in Annex V:
(a)
for the wine products dispatched within a Member State or among Member States, without prejudice to point (b) of this subparagraph:
(i)
one of the documents referred to in Article 21(6) or Article 26(1)(a) of Directive 2008/118/EC for products transported under duty suspension arrangements within the Union, provided that it states in a clearly identifiable manner the unique administrative reference code referred to in Article 21(3) of that Directive (‘ARC number’), it is drawn up in accordance with Commission Regulation (EC) No 684/2009 ( 14 ) and, where the document referred to in Article 26(1)(a) of Directive 2008/118/EC is used, the consignor complies with that paragraph 1;
(ii)
for excise goods transported within the Union, after release for consumption in the Member State where the transport operation began, the simplified accompanying document referred to in Article 34(1) of Directive 2008/118/EC, drawn up and used in accordance with Commission Regulation (EEC) No 3649/92 ( 15 ) ;
(iii)
for wine products subject to excise duty dispatched by small producers pursuant to Article 40 of Directive 2008/118/EC and for wine products not subject to excise duty, one of the following documents, drawn up under the conditions laid down by the Member State of dispatch:
—
where the Member State uses an information system, a printed copy of the electronic administrative document thus established or any commercial document stating, in a clearly identifiable manner, the specific administrative code (‘MVV code’) assigned to the electronic administrative document by that system, provided that the document is established in compliance with the applicable national rules,
—
where the Member State does not use an information system, an administrative document or a commercial document bearing the MVV code assigned by the competent authority, provided that the document and a copy thereof are validated in accordance with paragraph 3 of this Article;
(b)
for wine products dispatched to a third country or to a territory referred to in Article 5(2) and (3) of Directive 2008/118/EC, one of the documents referred to in point (a)(i) or (iii).
The documents referred to in the second indent of point (a)(iii) of the first subparagraph may be used only until 31 December 2020.
2. The documents referred to in point (a) of the first subparagraph of paragraph 1 shall include the information indicated in Section A of Annex V, or allow the competent authorities to have access to that information.
Where those documents bear an ARC number assigned by the computerised system referred to in Article 21(2) of Directive 2008/118/EC or a MVV code assigned by the information system set up by the Member State of dispatch as referred to in the first indent of point (a)(iii) of the first subparagraph of paragraph 1, the information referred to in Section A of Annex V to this Regulation shall be held in the system used.
3. The documents referred to in the second indent of point (a)(iii) of the first subparagraph of paragraph 1 and a copy thereof shall be validated prior to dispatch:
(a)
by the date, the signature of an official of the competent authority and the stamp affixed by that official; or
(b)
by the date, the signature of the consignor and the affixing by the consignor, as appropriate:
(i)
of a special stamp in accordance with the model referred to in Section C of Annex V;
(ii)
of a stamp prescribed by the competent authorities, or
(iii)
of a mark of a stamping machine approved by the competent authorities.
The special stamp or the prescribed stamp referred to in point (b) may be pre-printed on the forms where printing is carried out by a printer approved for that purpose.
4. In the case of wine products imported from a third country, the documents referred to in point (a) of the first subparagraph of paragraph 1 shall make reference to the certificate drawn up in the country of origin in accordance with Article 20.
5. By way of derogation from paragraph 1, Member States may recognise other documents as accompanying documents, including documents produced using a computerised procedure intended to simplify the procedure with regard to the transport of wine products carried out exclusively on their territory and when directly exported from their territory.
Certification of the origin or provenance, characteristics, vintage or wine grape variety and PDO or PGI
1. The documents referred to in point (a)(i) and (iii) of the first subparagraph of Article 10(1) shall be regarded as certifying the origin or provenance, quality and characteristics of the wine product, the vintage year or the grape variety or varieties from which it is produced and, where applicable, the PDO or PGI. To this effect, the consignor or an authorised person acting on behalf of the consignor shall fill in in box 17l of those documents the relevant information set out in Part I of Annex VI.
2. The consignor shall certify the accuracy of the information required pursuant to paragraph 1 on the basis of the inward and outward register to be kept in accordance with Chapter V or the certified information in the documents accompanying the previous consignments of the product in question and official conformity checks carried out by the competent authorities in accordance with Chapter VII.
3. Where, in respect of wine products produced in their territory, Member States require a PDO or PGI certificate to be drawn up by a control body designated for that purpose, the accompanying document shall include a reference to that certificate, the name and, where applicable, the electronic address of the control body.
Certification of exported wine products
1. Whenever the competent authorities of the third country of destination require a certification as referred to in Article 11 for wine products dispatched to that third country, that certification shall take one of the following forms:
(a)
the electronic administrative document or any other commercial document used in accordance with Article 21(6) of Directive 2008/118/EC or a document as referred to in Article 10(1)(a)(iii) of this Regulation, provided that the consignor or an authorised person acting on behalf of the consignor indicates the relevant information set out in Part I of Annex VI to this Regulation;
(b)
a specific certificate for export drawn up on the basis of the template provided for and the requirements set out in Part II of Annex VI to this Regulation.
2. The certificate referred to in point (b) of paragraph 1 shall be deemed to be authentic when validated by the date and the signature of the consignor or an authorised person acting on behalf of the consignor and when the ARC number or MVV code assigned by the competent authority to the accompanying document has been indicated by the consignor on the certificate as administrative reference.
3. Article 11(2) and (3) shall apply mutatis mutandis to the certification referred to in paragraph 1.
Documents used as proof of export
1. Where the wine products circulate under cover of a document referred to in point (a)(i) of the first subparagraph of Article 10(1), proof of exit from the customs territory of the Union shall be constituted by the report of export referred to in Article 28 of Directive 2008/118/EC, drawn up by the customs office of export in accordance with Article 334 of Commission Implementing Regulation (EU) 2015/2447 ( 16 ) .
2. Where the wine products circulate under cover of a document referred to in point (a)(iii) of the first subparagraph of Article 10(1), proof of exit from the customs territory of the Union shall be established in accordance with Article 334 of Implementing Regulation (EU) 2015/2447. In that case, the consignor or an authorised person acting on behalf of the consignor shall record the reference of the export declaration referred to in Article 331 of that Regulation and issued by the customs office of export on the accompanying document, using one of the indications set out in Section D of Annex V to this Regulation.
3. Wine products which are temporarily exported under the outward processing arrangements provided for in Article 210(d) of Regulation (EU) No 952/2013 in accordance with Chapters I and V of Title VII of Commission Delegated Regulation (EU) 2015/2446 ( 17 ) and Chapter I of Title VII of Implementing Regulation (EU) 2015/2447 to one of the Member States of the European Free Trade Association (EFTA) to undergo storage, ageing and/or packaging operations shall be accompanied, in addition to the accompanying document, by the information sheet laid down by the recommendation of the Customs Cooperation Council of 3 December 1963. That sheet shall show in the boxes reserved for the description of the product, the description in accordance with Union and national rules and the quantities of wine carried.
That information shall be taken from the original of the accompanying document under cover of which the wine was transported to the customs office where the information sheet is issued. The type, date and number of the document which accompanied the consignment previously shall also be noted on the information sheet.
Where the products referred to in the first subparagraph are being brought back into the customs territory of the Union, the information sheet shall be duly completed by the competent EFTA customs office. That document shall be regarded as equivalent to the accompanying document for transport as far as the customs office either of destination in the Union or of release for consumption, provided that the document contains, in the box ‘Description of goods’, the information specified in the first subparagraph.
The relevant customs office in the Union shall stamp a copy or photocopy of the document provided by the consignee or his representative and return it to him for the purposes of this Regulation.
Consignment of unpackaged wine products
1. Where the computerised system or information system referred to in the first indent of point (a)(iii) of the first subparagraph of Article 10(1) or in Article 10(5) is not used or where this system does not allow the competent authority at the place of unloading to be informed, the consignor of a consignment of unpackaged wine products shall forward, at the latest on the departure of the means of transport, a copy of the accompanying document to the competent authority in the territory of which the place of loading is situated, in respect of the following products:
(a)
products originating in the Union, of a quantity of more than 60 litres:
(i)
wine intended for processing into wines with a PDO or PGI, a varietal or vintage year wine, or intended for packaging to be marketed as such;
(ii)
partially fermented grape must;
(iii)
concentrated grape must, whether or not rectified;
(iv)
fresh grape must with fermentation arrested by the addition of alcohol;
(v)
grape juice;
(vi)
concentrated grape juice;
(b)
products not originating in the Union, of a quantity of more than 60 litres:
(i)
fresh grapes, excluding table grapes;
(ii)
grape must;
(iii)
concentrated grape must, whether or not rectified;
(iv)
partially fermented grape must;
(v)
fresh grape must with fermentation arrested by the addition of alcohol;
(vi)
grape juice;
(vii)
concentrated grape juice;
(viii)
liqueur wine for the preparation of products not falling within CN code 2204;
(c)
products, irrespective of their origin and the quantity transported, without prejudice to the exemptions referred to in Article 9:
(i)
wine lees;
(ii)
grape marc intended for distillation or another form of industrial processing:
(iii)
piquette;
(iv)
wine fortified for distillation;
(v)
wine from grapes of varieties not listed as wine-grape varieties in the classification drawn up by the Member States under Article 81 of Regulation (EU) No 1308/2013 for the administrative unit in which they were harvested;
(vi)
products that may not be offered or supplied for direct human consumption.
The competent authority in the territory of which the place of loading is situated shall inform the competent authority in the territory of which the place of unloading is situated that the transport has begun.
2. By way of derogation from paragraph 1, Member States may fix different periods for forwarding a copy of the accompanying document with respect to consignments of wine products that are transported exclusively within their territory.
Consignments of third country products or of Union products initially exported to a third country
1. For the transport within the customs territory of the Union of a consignment of third country products released into free circulation, the accompanying document shall be based on the VI-1 document referred to in Article 20 or an equivalent document as referred to in Article 26 or 27 and shall include the following information or allow the competent authorities to have access to this information:
(a)
the number of the VI-1 document or the reference to one of the documents referred in Articles 26 and 27;
(b)
the name and address of the body of the third country which completed the document referred to in point (a) or authorised its completion by a producer;
(c)
the date on which the document referred to in point (a) was completed.
The operator shall be able to present the VI-1 document, an equivalent document as referred to in Article 26 or 27 or the VI-2 extract referred to in Article 22 whenever requested by the competent authorities of the Member States.
2. For the transport within the customs territory of the Union of a consignment of wine products originating within the Union, initially exported to a third country or a territory referred to in Article 5(2) and (3) of Directive 2008/118/EC, the accompanying document shall include the following information or allow the competent authorities to have access to this information:
(a)
the reference to the accompanying document referred to in point (b) of the first subparagraph of Article 10(1) of this Regulation, drawn up for the initial dispatch; or
(b)
the references to the other supporting documents produced by the importer evidencing the origin of the product and deemed satisfactory by the competent authority when released for circulation in the Union.
3. Where the computerised system referred to in Article 21(2) of Directive 2008/118/EC or an information system set up by the Member State of dispatch is used, the information indicated in paragraphs 1 and 2 of this Article shall be held in the system used.
Refusal by the consignee
Where all or part of a product transported under cover of an accompanying document is refused by the consignee, the latter shall write the words ‘refused by the consignee’ on the back of the document, together with the date and the consignee's signature, plus, where appropriate, an indication of the quantity refused, in litres or kilograms.
In that case the product may be returned to the consignor under cover of the same accompanying document or may be kept on the premises of the carrier until a new document is completed to accompany the product when it is re-dispatched.
Validation of the accompanying document in case of a serious infringement or non-compliance
1. Where a competent authority finds, or has a justified reason for suspecting, that a consignor transports or has transported a wine product which does not comply with the Union provisions, or national provisions adopted pursuant thereto, as regards its production conditions or its composition or a wine product in relation to which a serious infringement relating to the accompanying documents has been committed, it may require the consignor to complete a new accompanying document for that wine product and get it validated by the competent authority.
Validation, when granted, may be linked to conditions on the future use of the product or a ban on marketing the product. It shall comprise the stamp, the signature of an official of the competent authority and the date.
2. The authority referred in paragraph 1 shall inform the authority with territorial responsibility for the place of loading. In the case of transport within the Union, mutual assistance or notification of suspicion of non-compliance under Articles 43 and 45 shall apply.
Measures in case of infringements relating to the accompanying documents other than serious infringements
1. Where a competent authority finds that a consignment requiring an accompanying document is being transported without such a document or under cover of a document containing erroneous or incomplete particulars, it shall take the measures necessary to regularise such transport, either by correcting any material errors or by completing a new document.
The authority referred to in the first subparagraph shall stamp the documents corrected or completed under that provision. Regularisation of irregularities must not delay the transport operation in question for longer than is strictly necessary.
In the event of repeated irregularities by the same consignor, the authority referred to in the first subparagraph of paragraph 1 shall inform the authority with territorial responsibility for the place of loading. In the case of transport within the Union, mutual assistance or notification of suspicion of non-compliance under Articles 43 and 45 shall apply.
2. Where it is impossible to regularise transport operations pursuant to the first subparagraph of paragraph 1, the authority referred to in that subparagraph shall hold up the transport. It shall inform the consignor that the transport is being held up and of the measures taken as a consequence. Those measures may include a ban on marketing the product.
Force majeure or unforeseen incidents
If during transport, by reason of force majeure or some unforeseen incident, a consignment for which an accompanying document is required must be split up or is wholly or partially lost, the carrier shall request the competent authority nearest to the place where the incident or the case of force majeure took place to make a statement of the facts and to take the necessary steps to regularise the transport operation in question.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
