Wine Act Forms Regulation

Original Language Title: Weingesetz-Formularverordnung

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13. Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on accompanying documents and other forms according to the Wine Act 2009 (Weingesetz-Form Regulation)

On the basis of § § 27 and 28 of the Wine Act 2009, BGBl. I n ° 111 as amended by the Federal Law BGBl. I No 111/2010, shall be ordered:

1. SECTION

Form sheets for the carriage of wine products

General

§ 1. (1) For the purpose of carrying out the quantity control (Section 23 of the Law on Wine 2009) and for the implementation of Commission Regulation (EC) No 436/2009 of 26 May 2009 laying down detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards: The wine list, the compulsory notifications and the collection of information on market surveillance, the accompanying documents for the transport of wine products and the records of import and output books in the wine sector (OJ C 327, 30.4.2004, p. No. L 128 of 27 May 2009), hereinafter referred to as 'Regulation (EC) No 436/2009', applies to the carriage of wine products by the forms issued by the Federal Ministry of Agriculture, Forestry, the Environment and Water Management for the purpose of Accompanying documents (accompanying document and transport certificate) according to this section shall be used.

(2) The competent authority within the meaning of Regulation (EC) No 436/2009 and the Authority within the meaning of this Regulation shall be the Bundeskellereiinspektion (Bundeskellereiinspektion).

(3) The scope of application of this Regulation shall apply to wine-growers and winegrowers in the sense of the national wine-growing laws and, outside the scope of application of the Landesweinbaugesetzen, establishments which have a total surface area of at least 500 m². The scope of this Regulation shall also apply to wine-making establishments which purchase wine for the purpose of resale in containers holding a nominal volume of at least 60 litres or which produce wine from grapes purchased.

(4) The location of the holding in which the wine is produced or stored in containers with a nominal volume of more than 60 litres, or the location of the vineyard, shall be declared as an operating address (permanent establishment). The delivery address is the address on which consignments of the Bundeskellereiinspektion can be delivered. This is the operating address, in the absence of a delivery possibility at the operating address, this can also be the apartment or other accommodation of the recipient.

Transport certificate, accompanying document

§ 2. (1) Wine products transported in containers with a nominal volume of more than 60 litres must be accompanied by:

1.

an accompanying document for the carriage of wine-making products if the transport in the territory of the Federal Republic begins or ends;

2.

from a transport certificate, if the transport in the Federal territory begins and ends.

(2) Wine products which are transported in containers holding a nominal volume of 60 litres or less must, except in the cases of Article 25 lit. (b) Regulation (EC) No 436/2009, on an invoice, a delivery note or any other commercial document ('business document ') shall be accompanied by the information referred to in Section C of Annex VI to Regulation (EC) No 436/2009.

(3) The transport certificate shall be completed by the consignor and the consignee. The accompanying paper shall be completed by the consignor.

(4) Paragraph 1 shall not apply if, in accordance with Art. 24 (1) (1) (lit). a of Regulation (EC) No 436/2009 Documents:

1.

pursuant to Commission Regulation (EEC) No 2719/92 on the accompanying administrative document relating to the movement of excise goods under suspension of excise duty (OJ L 327, 31.12.1992, p. No. OJ L 276, 19 September 1992, p. 1) or,

2.

Commission Regulation (EEC) No 3649/92 on a simplified accompanying document for the movement of products subject to excise duty which are already in the free circulation of the Member State of departure (OJ L 327, 31.12.1992, p. No. OJ L 369, 18 December 1992, p. 17)

are to be used.

Grape transport

§ 3. In the carriage of grapes/mash according to Art. 25 lit. (a ii) of Regulation (EC) No 436/2009 by the grape producer itself, or for its account by a third party who is not a recipient, from its own vineyard, to the wine processing plant of the recipient situated in the same wine-growing zone; in place of a transport certificate, a data sheet processed by the Bundeskellereiinspektion can be used by the recipient. This data sheet shall be transmitted by the consignee to the Bundeskellerei-inspektor responsible for him within one week from Monday of the week following the day of the receiving of the grapes/mash.

Issue and forwarding of forms

§ 4. (1) The forms issued by the Federal Ministry of Agriculture, Forestry, the Environment and Water Management for the accompanying paper for the carriage of wine products and the transport certificate in accordance with the Wine Act 2009 are-with -to issue serial numbers-from companies which were awarded the contract by the Federal Minister for Agriculture, Forestry, the Environment and Water Management in accordance with the Federal Law on the Law of the Republic of Germany in 1997. These companies have to enter the following data in detail for each individual recipient in the operating cadastre set up by the Bundeskellereiinspektion pursuant to § 26 of the German Wine Act 2009: operational number, name and first name, Operating address and delivery address (postcode, city, street, house number), the number of pieces issued, the numbers of the form sheets issued and the date of issue.

(2) Where unfilled transport certificates and accompanying documents are passed on by persons or establishments other than those referred to in paragraph 1 above, such records shall, in particular, keep records of the date at which, to whom, in what number and serial numbers have been passed on. They shall send a copy of these documents annually to the competent Federal Office inspector on 31 July.

(3) Within one week of receipt of the wine product, the national consignee shall transmit a copy of the accompanying document or the transport certificate to the competent national inspector inspector.

(4) In the case of shipments of wine products to other Member States, the domestic consignor has the competent authority, at least three days before dispatch, to enable control activities pursuant to Article 28 (e) of Regulation (EC) No 436/2009 to the competent authorities of the Member States. Federal Agency inspector to communicate. A copy of the accompanying document shall be sent by the consignor within one week from the dispatch of the wine product to the competent national inspector inspector.

(5) In the case of export of the wine product to third countries, the consignor shall have a copy of the accompanying document which has been sent by the customs office of exit in accordance with Article 27 (1) in connection with Annex IX to Regulation (EC) No 436/2009, with the stamp of the document and the endorsement "EXPORTED" shall be sent within one week to the competent national inspector inspector.

(6) In the case of import of the wine product from a third country, the recipient has a copy of the document VI 1 pursuant to Art. 43 (1) in connection with Annex IX to Commission Regulation (EC) No 555/2008 with the competent Bundeskellereiinspektor (Bundeskellereiinspector) with a copy of the document VI 1 Detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards support programmes, trade with third countries, production potential and controls in the wine sector within one week.

(7) In the event of a change in ownership, a transport certificate shall also be issued, irrespective of an actual transport.

(8) The forms for the accompanying document for the carriage of wine products and the transport certificate in accordance with the Wine Act 2009 shall be at least seven after the end of the calendar year in which they have been issued or forwarded. Years of age. This also applies to forms which have not been used and which have become unusable.

2. SECTION

Other forms

Appointment

§ 5. For the notification of the harvested reading material as of 30 November (harvest period according to § 29 paragraph 1 of the German Wine Act 2009), the form issued by the Federal Ministry of Agriculture, Forestry, Environment and Water Management is to be used for the harvest. Winegrowers without the current harvest also have to pay a harvest notice (empty message). The harvest can also be refunded through the wine database at the Federal Ministry of Agriculture, Forestry, Environment and Water Management.

Inventory Message

§ 6. For the notification of the available quantity of wine as of July 31 (inventory notification in accordance with § 29 para. 2 of the German Wine Act 2009), the form issued by the Federal Ministry of Agriculture, Forestry, Environment and Water Management for the inventory notification is to be submitted. . Also wine producers who sell all grapes, do not buy grapes and do not have a wine stock (full supplier), have to make an inventory report (empty message). If the master data collection sheet is informed in accordance with § 9 that no stock will be available in the year following the harvest period, a separate inventory report is not required. The registration can also be refunded through the wine database at the Federal Ministry of Agriculture, Forestry, Environment and Water Management.

View Message, Mostwäger-Confirmation

§ 7. For the purpose of reporting the harvest of grapes for the production of predicate wine (review pursuant to Section 12 (3) of the Wine Act 2009), the wine-building driver is responsible for the information published by the Federal Ministry of Agriculture, Forestry, the Environment and Water Management. Use the form sheet for the view message. The form issued by the Federal Ministry of Agriculture, Forestry, Environment and Water Management for the confirmation of the results of the reading control of predicate wine (Mostwäger-confirmation in accordance with § 12 para. 6 of the Wine Act 2009) is to use the Mostguard confirmation.

Application for the grant of the state test number

§ 8. For the application for the state test number according to § 25 of the German Wine Act 2009, the form issued by the Federal Ministry of Agriculture, Forestry, Environment and Water Management shall be the application form and, if necessary, the continuation sheet to use. The application for the grant of the state examination number can also be made in the course of the wine database at the Federal Ministry for Agriculture, Forestry, Environment and Water Management.

Master Data Collection Sheet

§ 9. Each holding covered by the scope of this Regulation has the annual data collection form issued by the Federal Ministry of Agriculture, Forestry, the Environment and Water Management for the master data collection (master data collection sheet) Date 30 November to be updated and to be submitted by 15 December to the municipality in whose area the premises (operating address) are located. The master data collection sheet shall also be issued if no changes have been made since the last survey. The master data collection sheet can also be submitted to the Federal Ministry of Agriculture, Forestry, Environment and Water Management through the wine database.

Publication of the forms

§ 10. The form sheets for the transport certificates, the accompanying documents, the appointments, the inventory reports, the inspection reports, the Mostwäger confirmations, the application for the grant of the state test number and the master data collection sheet will be issued by the Federal Ministry of Agriculture, Forestry, the Environment and Water Management after hearing the Presidential Conference of the Austrian Chamber of Agriculture and the Austrian Chamber of Commerce.

In-force pedals

§ 11. This Regulation shall enter into force at the end of the day of its operation. The regulation of the Federal Minister for Agriculture, Forestry, the Environment and Water Management on accompanying documents and other forms according to the Wine Act 1999 (Weingesetz-Form Regulation), BGBl. II No 512/2002, as last amended by the BGBl Regulation. II No 148/2005, except for force.

Berlakovich