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Commission Regulation (EC) No 555/2008Show full title

Commission Regulation (EC) No 555/2008 of 27 June 2008 laying down detailed rules for implementing Council Regulation (EC) No 479/2008 on the common organisation of the market in wine as regards support programmes, trade with third countries, production potential and on controls in the wine sector

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  1. Introductory Text

  2. TITLE I INTRODUCTORY PROVISIONS

    1. Article 1.Scope and use of terms

  3. TITLE II SUPPORT PROGRAMMES

    1. CHAPTER I Procedure for submission

      1. Article 2.First submission of support programmes

      2. Article 3.Modifications of support programmes

    2. CHAPTER II Eligible measures

      1. Section 1 Promotion on third-country markets

        1. Article 4.Eligible operations and markets

        2. Article 5.Selection procedure

      2. Section 2 Restructuring and conversion of vineyards

        1. Article 6.Definition

        2. Article 7.Procedure and applications

        3. Article 8.Levels of support

        4. Article 9.Financial management

        5. Article 10.Transitional measures

      3. Section 3 Green harvesting

        1. Article 11.Definition of green harvesting

        2. Article 12.Conditions for the implementation of green harvesting

        3. Article 13.Application procedure

        4. Article 14.Compensation

      4. Section 4 Mutual funds

        1. Article 15.Level of the aid

      5. Section 5 Harvest insurance

        1. Article 16.Conditions of eligibility

      6. Section 6 Investments

        1. Article 17.Eligible measures

        2. Article 18.Eligible measures for the development of new products

        3. Article 19.Financial management

        4. Article 20.Compatibility and consistency

      7. Section 7 Disposal of by-products

        1. Article 21.Fixing a minimum percentage of alcohol

        2. Article 22.Disposal of by-products

        3. Article 23.Disposal with by-product distillation

        4. Article 24.Purpose of the aid

        5. Article 25.Amount of the aid

      8. Section 8 Potable alcohol distillation

        1. Article 26.Purpose of the aid

        2. Article 27.Amount of the aid

      9. Section 9 Crisis distillation

        1. Article 28.Definition of the measure

        2. Article 29.Modalities of the aid

        3. Article 30.Amount of the aid

        4. Article 31.National aid

      10. Section 10 Use of concentrated grape must

        1. Article 32.Purpose of the aid

        2. Article 33.Amount of the aid

        3. Article 34.Checks

    3. CHAPTER III Reporting, evaluation and general provisions

      1. Article 35.Reporting and evaluation

      2. Article 36.Exclusion

      3. Article 37.Payment delay to beneficiaries

  4. TITLE III TRADE WITH THIRD COUNTRIES

    1. CHAPTER I Entry price arrangements for grape juice and must

      1. Article 38.Definition

      2. Article 39.Verification by consignment

    2. CHAPTER II Certificates and analysis reports for wine, grape juice and must on import

      1. Section 1 General

        1. Article 40.Documents required

        2. Article 41.Contents of the analysis report

        3. Article 42.Exemptions

      2. Section 2 Requirements to be met and detailed rules for drawing up and using the certificate and analysis report for imports of wine, grape juice and grape must

        1. Article 43.V I 1 document

        2. Article 44.Description of documents

        3. Article 45.Simplified procedure

        4. Article 46.Derogations

        5. Article 47.Use

        6. Article 48.List of competent bodies

        7. Article 49.Indirect imports

        8. Article 50.Special rules for particular wines

        9. Article 51.Conformity of imported wines

    3. CHAPTER III Specific provisions on exports

      1. Article 52.Notification of official bodies

    4. CHAPTER IV Transitional provisions

      1. Article 53.V I 1 and V I 2 conformity

      2. Article 54.Release of security

  5. TITLE IV PRODUCTION POTENTIAL

    1. CHAPTER I Unlawful plantings

      1. Article 55.Penalties in case of non-compliance with the grubbing-up obligation

      2. Article 56.Penalties in case of non-compliance with prohibition of circulation

      3. Article 57.Non-circulation or distillation

      4. Article 58.Communications

      5. Article 59.Reductions imposed on Member States

    2. CHAPTER II Transitional planting right regime

      1. Article 60.New planting rights

      2. Article 61.Member States’ recording and communication obligations related to new planting rights

      3. Article 62.Grubbing up without generation of replanting right

      4. Article 63.Anticipated replanting rights

      5. Article 64.Transfers of replanting rights

      6. Article 65.Reserves of planting rights

      7. Article 66.Maintenance of the planting rights system

    3. CHAPTER III Grubbing-up scheme

      1. Article 67.Eligibility

      2. Article 68.Exemption reasons

      3. Article 69.Premium level

      4. Article 70.Application procedure

      5. Article 71.Procedure in case of application of a single percentage for acceptance

      6. Article 72.Payment of the premium

      7. Article 73.Communications

    4. CHAPTER IV Inventory and measurement of the area planted

      1. Article 74.Inventory

      2. Article 75.Area planted

  6. TITLE V CONTROLS IN THE WINE SECTOR

    1. CHAPTER I Principles of control

      1. Article 76.Checks

      2. Article 77.General principles

      3. Article 78.On-the-spot checks

      4. Article 79.Selection of the control sample

      5. Article 80.Control report

      6. Article 81.Control related to the production potential

      7. Article 82.Control bodies

      8. Article 83.Powers of control officials

    2. CHAPTER II Assistance between control bodies

      1. Article 84.Assistance on request

      2. Article 85.Unsolicited assistance

      3. Article 86.Common provisions

    3. CHAPTER III Analytical databank

      1. Article 87.Purpose of the databank

      2. Article 88.Samples

      3. Article 89.Isotopic analyses

      4. Article 90.Communication of results

      5. Article 91.Compliance with procedures

    4. CHAPTER IV Collection of samples for control purposes

      1. Article 92.Request for collection of samples

      2. Article 93.Costs of collection, dispatch and analysis of samples

    5. CHAPTER V General provisions

      1. Article 94.Conclusive force

      2. Article 95.Persons subject to controls

  7. TITLE VI GENERAL, TRANSITIONAL AND FINAL PROVISIONS

    1. Article 96.Payments to beneficiaries

    2. Article 97.Recovery of undue payments

    3. Article 98.National sanctions

    4. Article 99.Artificially created situations

    5. Article 100.Communications

    6. Article 101.Obvious errors

    7. Article 102. Force majeure and exceptional circumstances

    8. Article 103.Repeal and references

    9. Article 104.Entry into force

  8. Signature

    1. ANNEX I

      1. WINE CMO Submission of support programme

        1. A. Description of the measures proposed as well as their quantified...

          1. (a) Single Payment Scheme support in accordance with Article 9

          2. (b) Promotion in accordance with Article 10

          3. (c) Restructuring and conversion of vineyard in accordance with Article 11...

          4. (d) Green harvesting in accordance with Article 12

          5. (e) Mutual funds in accordance with Article 13

          6. (f) Harvest insurance in accordance with Article 14

          7. (g) Investments in enterprises in accordance with Article 15

          8. (h) By-product distillation in accordance with Article 16

          9. (i) Potable alcohol distillation in accordance with Article 17

          10. (j) Crisis distillation in accordance with Article 18

          11. (k) Use of concentrated grape must in accordance with Article 19...

        2. B. Results of consultations held: …

        3. C. Appraisal showing the expected technical, economic, environmental and social impact...

        4. D. Schedule for implementing the measures: …

        5. E. General financing table given in the format of Annex II...

        6. F. Criteria and quantitative indicators to be used for monitoring and...

        7. G. Designation of competent authorities and bodies responsible for implementing the...

    2. ANNEX II

    3. ANNEX III

    4. ANNEX IV

    5. ANNEX V

      1. WINE CMO Reporting on Support programme

        1. A. Global assessment:

        2. B. Conditions and results of the implementation of measures proposed

          1. (a) Single Payment Scheme support in accordance with Article 9

          2. (b) Promotion in accordance with Article 10

          3. (c) Restructuring and conversion of vineyard in accordance with Article 11...

          4. (d) Green harvesting in accordance with Article 12

          5. (e) Mutual funds in accordance with Article 13

          6. (f) Harvest insurance in accordance with Article 14

          7. (g) Investments in enterprises in accordance with Article 15

          8. (h) By-product distillation in accordance with Article 16

          9. (i) Potable alcohol distillation in accordance with Article 17

          10. (j) Crisis distillation in accordance with Article 18

          11. (k) Use of concentrated grape must in accordance with Article 19...

        3. C. Conclusions (and, if needed, envisaged modifications)

    6. ANNEX VI

    7. ANNEX VII

    8. ANNEX VIII

      1. ANNEX VIIIa

        1. Communication deadline: 1 December each year and for the first...

      2. ANNEX VIIIb

        1. Communication deadline: 1 December each year and for the first...

    9. ANNEX IX

      V I 1 document as provided for in Article 43(1)

    10. ANNEX X

      V I 2 document as provided for in Article 44(1)

    11. ANNEX XI

      Technical rules on V I 1 and V 1 2 forms provided for in Articles 43 and 44

      1. A. Printing of forms

        1. 1. The size of the forms is to be approximately 210...

        2. 2. The forms are to be printed in one of the...

      2. B. Completing the forms

        1. 1. Exporter:

        2. 2. Consignee:

        3. 4. Means of transport and transport details:

        4. 6. (5 for V I 2) Description of the imported product:...

    12. ANNEX XII

      List of countries as referred to in Article 43(2) and Article 45

      1. Australia.

    13. ANNEX XIII

      1. Communication deadline: 1 March.

      2. Communication referred to in Article 58(1) of this Regulation.

      3. Communication deadline: 1 March 2009.

      4. Communication referred to in Article 85(4) of Regulation (EC) No...

      5. Communication deadline: 1 March.

      6. Communication referred to in Article 85(4) and Article 87(3) of...

      7. Communication deadline: 1 March 2009.

      8. Communication referred to in Article 86(5) of Regulation (EC) No...

      9. Communication deadline: 1 March 2009.

      10. Communication referred to in Article 86(5) and Article 87(3) of...

      11. Communication deadline: 1 March 2010.

      12. Communication referred to in Article 86(5) and Article 87(3) of...

      13. Communication deadline: 1 March, as from 2011.

      14. Communication referred to in Article 86(5) and in Article 87(3)...

      15. Communication deadline: 1 March, as from 2009.

      16. Communication referred to in Article 61 of this Regulation.

      17. Communication deadline: 1 March, as from 2009.

      18. Communication referred to in Article 65(5) of this Regulation.

      19. Communication deadline: 15 October each year (in 2008, 2009 and...

      20. Communication referred to in Article 102(2) of Regulation (EC) No...

      21. Communication deadline: 1 March each year (in 2009, 2010 and...

      22. Communication referred to in Article 102(5) of Regulation (EC) No...

      23. Communication deadline: 1 December each year (in 2009, 2010 and...

      24. Communication referred to in Article 102(6) of Regulation (EC) No...

      25. Communication deadline: 1 December each year (in 2009, 2010 and...

      26. Communication referred to in Article 73(5) of this Regulation.

      27. Communication deadline: 1 March, as from 2009.

      28. Communication according to Article 109 of Regulation (EC) No 479/2008...

      29. Communication deadline: 1 March, as from 2009.

      30. Communication according to Article 109 of Regulation (EC) No 479/2008...

      31. Communication deadline: 1 March, as from 2009.

      32. Communication according to Article 109 of Regulation (EC) No 479/2008...

    14. ANNEX XIV

      Areas that are declared ineligible for the grubbing-up scheme in accordance with Article 104(4) to (6) of Regulation (EC) No 479/2008

      1. Communication deadline: 1 August each year (in 2008, 2009 and...

      2. Communication referred to in Article 104(8) of Regulation (EC) No...

    15. ANNEX XV

    16. ANNEX XVI

      Instructions for taking samples of fresh grapes and processing them into wine for analysis by the isotopic methods referred to in Article 88(1)

      1. I. SAMPLING OF GRAPES

        1. A. Each sample must consist of at least 10 kg of...

        2. B. When the samples are taken, a description sheet is to...

      2. II. VINIFICATION

        1. A. Vinification must be carried out by the competent body or...

        2. B. The description sheet for vinification is to be drawn up...

    17. ANNEX XVII

      Number of samples to be taken by Member States each year for the analytical databank as referred in Article 88(3)

      1. 30 samples in Bulgaria, 20 samples in the Czech Republic,...

    18. ANNEX XVIII

      Questionnaire on the collection and vinification of samples of grapes intended for analysis by isotopic methods as referred in Article 88(5)

      1. The analytical methods and the expression of results (units) to...

      2. PART I

        1. 1. General information

          1. 1.1. Sample number:

          2. 1.2. Name and function of the official or authorised person who...

          3. 1.3. Name and address of the competent body responsible for taking...

          4. 1.4. Name and address of the competent body responsible for vinification...

        2. 2. General description of the samples

          1. 2.1. Origin (country, region):

          2. 2.2. Year of harvest:

          3. 2.3. Vine variety:

          4. 2.4. Colour of the grapes:

        3. 3. Description of the vineyard

          1. 3.1. Name and address of person farming the plot:

          2. 3.2. Location of the plot

          3. 3.3. Soil type (e.g. limey, clayey, lime-clay, sandy):

          4. 3.4. Situation (e.g. slope, plain, exposed to sun):

          5. 3.5. Number of vines per hectare:

          6. 3.6. Approximate age of vineyard (less than 10 years/between 10 and...

          7. 3.7. Altitude:

          8. 3.8. Method of training and pruning:

          9. 3.9. Type of wine into which the grapes are normally made...

        4. 4. Crop and must characteristics

          1. 4.1. Estimated yield per hectare for the plot harvested: (kg/ha):

          2. 4.2. State of health of the grapes (e.g. sound, rotten), specifying...

          3. 4.3. Date on which sample was taken:

        5. 5. Weather conditions preceding harvest

          1. 5.1. Precipitation in the ten days preceding harvest: yes/no. If yes,...

        6. 6. Irrigated vineyards:

      3. PART II

        1. 1. Microvinification

          1. 1.1. Weight of the sample of grapes, in kg:

          2. 1.2. Method of pressing:

          3. 1.3. Volume of must obtained:

          4. 1.4. Characteristics of the must:

          5. 1.5. Method of treating the must (e.g. settling, centrifugation):

          6. 1.6. Yeasting (variety of yeast used). Indicate whether or not there...

          7. 1.7. Temperature during fermentation:

          8. 1.8. Method for determining end of fermentation:

          9. 1.9. Method of treating the wine (e.g. racking.):

          10. 1.10. Addition of sulphur dioxide in mg/l:

          11. 1.11. Analysis of the wine obtained

        2. 2. Chronological table of vinification of the sample

    19. ANNEX XIX

      1. ANALYSIS REPORT Wine and wine product samples analysed by an isotopic method...

        1. I. GENERAL INFORMATION

          1. 1. Country:

          2. 2. Sample number:

          3. 3. Year:

          4. 4. Vine variety:

          5. 5. Type of wine:

          6. 6. Region/district:

          7. 7. Name, address, telephone, fax and e-mail of laboratory responsible for...

          8. 8. Sample for control analysis by the JRC: yes/no

        2. II. METHODS AND RESULTS

          1. 1. Wine (carried over from Annex XVIII)

            1. 1.1. Alcoholic strength by volume: % vol

            2. 1.2. Total dry extract: g/l

            3. 1.3. Reducing sugars: g/l

            4. 1.4. Total acidity expressed as tartaric acid: g/l

            5. 1.5. Total sulphur dioxide: mg/l

          2. 2. Distillation of wine for SNIF-NMR

            1. 2.1. Description of distillation apparatus:

            2. 2.2. Volume of wine distilled/weight of distillate obtained:

          3. 3. Analysis of distillate

            1. 3.1. Alcohol strength of the distillate % (m/m):

          4. 4. Result of deuterium isotope ratios of ethanol measured by NMR...

            1. 4.1. (D/H)I = ppm

            2. 4.2. (D/H)II = ppm

            3. 4.3. ‘R’ =

          5. 5. NMR parameters

          6. 6. Result of isotopic ratio 18O/16O of wine

          7. 7. Result of isotopic ratio 18O/16O of must (when applicable)

          8. 8. Result of isotopic ratio 13C/12C of wine ethanol

    20. ANNEX XX

      Collection of samples in the context of assistance between control bodies as referred in Article 92

      1. 1. When samples of wine, grape must or another liquid wine...

      2. 2. Samples shall be taken by pouring the product in question...

      3. 3. Each sample shall bear a label which complies with part...

      4. 4. The official of the competent body authorised to take samples...

      5. 5. Wherever samples are taken, one of the samples shall remain...

      6. 6. Consignments of samples shall bear on the external packaging a...

    21. ANNEX XXI

      1. A. Label describing the sample, in accordance with paragraph 3 of...

        1. 1. Required information:

        2. 2. Remarks:

        3. 3. Minimum size: 100 mm by 100 mm.

      2. B. Model of the red label referred to in paragraph 6...

    22. ANNEX XXII

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