Regulation 2001/884 - Detailed rules of application concerning the documents accompanying the carriage of wine products and the records to be kept in the wine sector - Main contents

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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

Official Journal L 128 , 10/05/2001 P. 0032 - 0053

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) 

  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 the stocking 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.

• (2) 

  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 be obliged to keep goods inwards and outwards registers in respect of those products.

• (3) 

  Steps towards tax harmonisation within the Community have been taken by Council Directive 92/12/EEC of 25 February 1992 on the general arrangements 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 accompanying document for the intra-Community 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, 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.

• (4) 

  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 to simplify administrative formalities 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.

• (5) 

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

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