Commission Implementing Regulation (EU) 2018/274Show full title

CHAPTER IV U.K. INWARD AND OUTWARD REGISTER

Article 13 U.K. Scope and form of the register

1. Operators required to keep the inward and outward register, in this Chapter referred to as ‘the register’, shall record:

(a) the entry and withdrawal of each batch of wine products referred to in Article 147(2) of Regulation (EU) No 1308/2013 to or from their premises;

(b) the category of product, as specified in Article 14;

(c) the operations specified in Article 29 of Delegated Regulation (EU) 2018/273 where they are carried out on their premises.

For each annotation in the register, operators referred to in the first subparagraph must be able to present one of the accompanying documents referred to in Article 10 of Delegated Regulation (EU) 2018/273 or any other commercial document which has accompanied the relevant consignment.

2. The register shall take one of the following forms:

(a) fixed leaves numbered consecutively;

(b) an electronic record presented in accordance with the detailed rules laid down by the competent authorities;

(c) a suitable modern accounting system, approved by the competent authorities;

(d) a collection of accompanying documents containing the date on which they were drawn up or taken over by merchants.

However, Member States may provide that the register kept by producers may take the form of notes on the reverse side of the production, stock or harvest declarations provided for in Chapter VI of Delegated Regulation (EU) 2018/273.

Article 14 U.K. Products to be entered in the register

1. For products to be entered in the register, separate accounts shall be kept for:

(a) each of the categories listed in Part II of Annex VII to Regulation (EU) No 1308/2013, by distinguishing:

(i)

each wine with a PDO and products intended for processing into such a wine;

(ii)

each wine with a PGI and products intended for processing into such a wine;

(iii)

each wine not covered by a PDO or PGI produced with a single wine grape variety and the products intended for processing into such a wine, with the reference of the classification of the wine grape variety adopted by the Member State pursuant to Article 81 of Regulation (EU) No 1308/2013 and with the indication of the vintage year;

(iv)

each wine not covered by a PDO or PGI produced with two or more wine grape varieties and the products intended for processing into such a wine, with the indication of the vintage year;

(v)

each product not complying with oenological practices and restrictions provided for in Article 80 of Regulation (EU) No 1308/2013 or in Regulation (EC) No 606/2009 which has to be destroyed in accordance with Article 10 of Regulation (EC) No 606/2009;

(b) each of the following products held for whatever purpose:

(i)

sucrose;

(ii)

concentrated grape must;

(iii)

rectified concentrated grape must;

(iv)

products used for acidification;

(v)

products used for de-acidification;

(vi)

spirits distilled from wine;

(vii)

each by-product of wine products which has to be disposed of in accordance with Section D of Part II of Annex VIII to Regulation (EU) No 1308/2013 and Articles 14a and 14b of Regulation (EC) No 606/2009, with indication whether it concerns delivery for distillation, vinegar production or specific use not involving wine making.

2. By way of derogation from paragraph 1(a), different PDO or PGI wines put up in containers of no more than 60 litres labelled in accordance with Union legislation that are acquired from a third party and held with a view to sale may be recorded in the same account, provided that entries and withdrawals of each wine with a PDO or PGI appear separately.

3. Loss of the use of the PDO or PGI shall be recorded in the register. The products concerned shall be moved to one of the accounts of wines without PDO or PGI.

Article 15 U.K. Information on the wines products to be included in the register

1. For every entry or withdrawal of products referred to in Article 14(1)(a), the register shall give:

(a) the lot number of the product [where such a number is] required under Union or national law;

(b) the date of the operation;

(c) the quantity entered or withdrawn;

(d) the product concerned, described in accordance with the relevant Union or national law;

(e) a reference to the accompanying document or certificate which accompanies or accompanied the consignment in question in accordance with Articles 10, 11 and 20 of Delegated Regulation (EU) 2018/273, except for the cases referred to in Article 9 of that Regulation.

2. For the wines referred to in points 1 to 9, 15 and 16 of Part II of Annex VII to Regulation (EU) No 1308/2013, the entry in the register kept by the operators shall contain the optional particulars set out in Article 120 of that Regulation provided that they are shown on the labelling or it is planned to show them on the labelling.

3. The containers for storing the wines referred to in paragraph 2 shall be identified in the register and their nominal volume shall be indicated. The containers shall also bear the relevant particulars required by the Member States to allow the competent authorities to identify their contents using the register.

However, in the case of containers of 600 litres or less, filled with the same product and stored together in the same lot, the lot as a whole may be marked rather than the individual containers, provided that it is clearly separated from other lots.

4. In the cases of previous consignments of a product, a reference to the document under cover of which the product was previously transported shall be recorded in the register.

Article 16 U.K. Information concerning the operations to be included in the register

1. For each of the operations specified in Article 29 of Delegated Regulation (EU) 2018/273, the register shall include:

(a) the operations carried out;

(b) in case of the operations referred to in points (a), (b) and (c) of Article 29(2) of Delegated Regulation (EU) 2018/273:

(i)

the date of the operation;

(ii)

the nature and quantities of the products used;

(iii)

the quantity of product obtained from the operation, including the alcohol produced by the correction of alcohol content of wine and the quantity of sugar contained in the sugar solution removed from the initial must;

(iv)

the quantity of product used in increasing the alcoholic strength, acidification and de-acidification and sweetening;

(v)

the description of the products before and after the operation, in accordance with the relevant Union or national law;

(c) the markings on the containers in which the products entered in the register were contained before the operation and are contained after the operation;

(d) in the case of bottling, the number of containers filled and their content;

(e) in the case of contract bottling, the name and address of the bottler.

2. Where a product changes category without undergoing one of the operations referred to in Article 29 of Delegated Regulation (EU) 2018/273, 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 register.

Article 17 U.K. Information concerning sparkling wines and liqueur wines to be included in the register

1. For the production of sparkling wine, the registers shall show, for each cuvée prepared:

(a) the date of preparation;

(b) the date of bottling for all categories of quality sparkling wine;

(c) the volume of the cuvée and the description, volume and actual and potential alcoholic strength of each of its constituents;

(d) the amount of tirage liqueur used;

(e) the amount of expedition liqueur;

(f) the number of containers obtained, specifying where appropriate the type of sparkling wine, using a term relating to its residual sugar content, provided the term appears on the label.

2. For the production of liqueur wine, the registers shall show for each batch being prepared:

(a) the date of addition of any of the products listed in point (3)(e) and (f) of Part II of Annex VII to Regulation (EU) No 1308/2013;

(b) the type and volume of the product added.

Article 18 U.K. Information on specific products to be included in the register

1. The separate accounts for the products referred to in Article 14(1)(b) shall show for each product:

(a) in the case of entries:

(i)

the name and address of the supplier referring, where appropriate, to the document which accompanied the transport of the product;

(ii)

the quantity concerned;

(iii)

the date of entry;

(b) in the case of withdrawals:

(i)

the quantity concerned;

(ii)

the date of use or withdrawal;

(iii)

where appropriate, the name and address of the consignee.

2. As regards by-products or wine products to be withdrawn in accordance with Articles 14a(2) and 14b of Regulation (EC) No 606/2009, the quantities to be recorded in the register are those estimated by the operators concerned in accordance with Article 14a of that Regulation.

Article 19 U.K. Losses and personal or family consumption

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

2. The holder of the register shall report losses in writing, within a period laid down by the Member States, to the competent authority for the territory in question, where actual losses exceed:

(a) during transport, the tolerances referred to in point 2.1(d) of Part B of Annex V to Delegated Regulation (EU) 2018/273; and

(b) in the cases referred to in the first paragraph, the maximum percentages set by the Member States.

The competent authority referred to in first subparagraph shall take the necessary measures to investigate the losses.

3. Member States shall specify how particulars are to be recorded in the register concerning:

(a) the personal consumption of the producer and his family;

(b) any accidental changes in the volume of products.

Article 20 U.K. Deadlines for particulars to be recorded in the register

1. The particulars referred to in Article 14(1)(a) and Articles 15 and 19 shall be recorded in the register:

(a) in the case of entries, not later than the working day following receipt; and

(b) in the case of losses, personal and family consumption or withdrawals, not later than the third working day following the recognition, consumption or dispatch.

2. The particulars referred to in Article 29(1) and (2) of Delegated Regulation (EU) 2018/273 and Articles 16 and 17 of this Regulation shall be recorded in the register:

(a) not later than the working day following the operation; and

(b) in the case of enrichment, on the day itself.

3. The particulars referred to in Article 14(1)(b) and Article 18 of this Regulation shall be recorded in the register:

(a) in the case of entries and withdrawals, not later than the working day following receipt or dispatch; and

(b) in the case of use, on the day of use.

4. However, Member States may authorise longer deadlines not exceeding 30 days, particularly where computerised registers are used, provided that a check can still be made on entries, withdrawals and the operations referred to in Article 29(1) and (2) of Delegated Regulation (EU) 2018/273 at any time on the basis of other supporting documents and that these documents are considered reliable by the competent authorities.

As regards enrichment operations referred to in Article 29(2)(b) of Delegated Regulation (EU) 2018/273, Member States may require that they are recorded in the register before the enrichment operation is performed.

5. By way of derogation from paragraphs 1, 2 and 3, withdrawals of the same product may be recorded in the register in the form of a monthly total where the product is put up solely in containers of a nominal volume of 10 litres or less fitted with a non-reusable closing device as referred to in Article 9(1)(e)(i) of Delegated Regulation (EU) 2018/273.

Article 21 U.K. Closure of the register

The register shall be closed by establishing an annual balance sheet once a year, on a date to be set by the Member States. An inventory of stocks shall be drawn up in the context of the annual balance sheet. Existing stocks shall be carried forward to the next annual period. They shall be recorded as an entry in the register at a date following the annual balance sheet. If the annual balance sheet shows differences between the stocks resulting from the balance sheet and the existing stocks, this shall be noted in the closed books.